Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 1 of 27 PageID# 1321

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1 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 1 of 27 PageID# 1321 FILED IN! DPF.N COURT. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Newport News Division CL RK U.S. DlSTRiCT COURT MFWPOaT NEWS. VA UNITED STATES OF AMERICA CRIMINAL NO. 4:17crlll V. ALEX JERMAINE BURNETT a/k/a "Da Boss" "Styles" (Counts 1, 2, 3,4, 5, 9,10 ROBERT LEE BURNETT (Count 3) SHIRLEY DIANE BURNETT (Count 3) CHARLES MCMILLAN a/k/a "Cee Mack" (Counts 2, 6, 7, 8) CHARLES BAILEY, JR. (Counts 2, 6, 7, 8,13) MARIO DEYON BARRETT A/K/A "Rio" (Counts 2,4,10,14,15) JORDAN DAVIS a/k/a 'Montana" (Counts 2,11,12, 21) ADA RODRIGUEZ (Count 3) ELEONORA PARONUZZI a/k/a "Elle" (Counts 3) STANLEY FREEMAN a/k/a "Pacman" (Counts 2,16,17,18,19) 21 U.S.C. 848 Continuing Criminal Enterprise (Count 1) 21 U.S.C, 846 and 841 Conspiracy to Distribute and Possess with Intent to Distribute Heroin, Cocaine and Cocaine Base (Count 2) 18 U.S.C. 1956(h) Conspiracy to Launder Money (Count 3) 21 U.S.C. 841(a)(1) Distribute Heroin or Cocaine Base or marijuana (Counts 4, 5, 6, 7, 8, 9,12,13,14,16,18) 18 U.S.C. 922(g)(1) Felon in Possession offirearm (Counts 10,11,19) 18 U.S.C. 924(c) Possess Firearm During Drug Trafficking (Counts 15,17, 21) 18U.S.C Attempted Witness Tampering (Count 20) 18 U.S.C. 924(d), 982(a)(1); 21 U.S.C. 853; 28 U.S.C Forfeiture Allegation DEANGELO FREEMAN (Count 2 and 20)

2 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 2 of 27 PageID# 1322 SUPERSEDING INDICTMENT March at Newport News, Virginia COUNT ONE THE GRAND JURY CHARGES THAT: Between 2013 and October 25, 2017, within the Eastern District of Virginia and elsewhere, the defendant, ALEX JERMAINE BURNETT, did engage in a continuing criminal enterprise by committing a continuing series of felony violations of Title 21, United States Code Section 841(a)(1), which continuing series ofviolations was undertaken by defendant in concert with at least five other persons with respect to whom defendant occupied a position as organizer, a supervisory position, and some other position of management, and from which continuing series of violations defendant obtained substantial income and resources. The continuing series of violations undertaken by defendant ALEX JERMAINE BURNETT included but was not limited to the conduct in Count Two ofthis indictment which is incorporated by reference in this count. (In violation oftitle 21, United States Code, Section 848.)

3 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 3 of 27 PageID# 1323 COUNT TWO THE GRAND JURY CHARGES THAT: On or about or between 2013 and October 25, 2017, in the Eastern District ofvirginia and elsewhere, the defendants, ALEX JERMAINE BURNETT also known as (a/k/a) "Da Boss" a/k/a "Styles", CHARLES MCMILLAN a/k/a "Cee Mack", CHARLES BAILEY, JR, MARIO DEVON BARRETT a/k/a "Rio", JORDAN DAVIS, STANLEY FREEMAN a/k/a "Pacman" and DEANGELO FREEMAN, did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together with other persons known and unknown to the grand jury to commit the following offenses against the United States: 1. Distribute 1000 grams or more ofa mixture or substance containing a detectable amount ofheroin, a Schedule I narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(a). 2. Possess with intent to distribute 1000 grams or more ofa mixture or substance containing a detectable amount ofheroin, a Schedule I narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(a). 3. Distribute five kilograms or more ofa mixture or substance containing a detectable amount ofcocaine, a Schedule II narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(a). 4. Possess with intent to distribute five kilograms or more ofa mixture or substance containing a detectable amount ofcocaine, a Schedule II narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(a).

4 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 4 of 27 PageID# Distribute 28 grams or more ofa mixture or substance containing a detectable amount ofcocaine base, a Schedule II narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(b). 6. Possess with intent to distribute 28 grams or more ofa mixture or substance containing a detectable amount ofcocaine base, a Schedule II narcotic controlled substance, in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(b). (All in violation oftitle 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A)).

5 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 5 of 27 PageID# 1325 COUNT THREE Beginning in or about 2013 through October 2017, in the Eastern District ofvirginia and elsewhere, ALEX JERMAINE BURNETT also known as (a/k/a) "Da Boss" a/k/a "Styles", ELEONORA PARONUZZI a/k/a "Elle", ROBERT LEE BURNETT, SHIRLEY DIANE BURNETT, and ADA RODRIGUEZ, the defendants herein, did knowingly, willftilly, and unlawfully combine conspire, confederate and agree with each other and other persons, both known and unknown, to knowingly, willfully, and unlawfully conduct, attempt to conduct, and cause to be conducted financial transactions affecting interstate commerce, which transactions involved the proceeds ofspecified unlawful activity, that is, conspiracy to distribute heroin, in violation oftitle 21, United States Code, Section 846, with the intent to promote the carrying on ofspecified unlawful activity, that is, conspiracy to distribute heroin, cocaine and cocaine base in violation oftitle 21, United States Code, Section 846, and that, while conducting and attempting to conduct such financial transactions, the defendants knew that the property involved in the financial transactions represented the proceeds of some form ofunlawful activity. (All in violation oftitle 18, United States Code, Section 1956(h))

6 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 6 of 27 PageID# 1326 COUNT FOUR On or about February 17, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendants, MARIO DEVON BARRETT and ALEX JERMAINE BURNETT, did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of heroin, a Schedule I narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c).

7 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 7 of 27 PageID# 1327 COUNT FIVE On or about March 19, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, ALEX JERMAINE BURNETT, did unlawfully, knowingly and intentionally distribute a detectable amount ofheroin, a Schedule I narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(b).

8 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 8 of 27 PageID# 1328 COUNT SIX On or about August 11, 2016, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c).

9 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 9 of 27 PageID# 1329 COUNT SEVEN On or about May 4, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c).

10 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 10 of 27 PageID# 1330 COUNT EIGHT On or about May 8, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c). 10

11 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 11 of 27 PageID# 1331 COUNT NINE THE GRAND JURY FURTHER CHARGES On or about June 15, 2017, in Newport News, Virginia, in the Eastern District of Virginia and elsewhere, the defendant, ALEX JERMAINE BURNETT, did unlawfully, knowingly and intentionally distribute a detectable amount ofheroin, a Schedule I narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 84i(a)(l) and (b)(1)(b). 11

12 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 12 of 27 PageID# 1332 COUNT TEN On or about July 24, 2017, in the Eastern District of Virginia and elsewhere, the defendants, MARIO DEVON BARRETT and ALEX JERMAINE BURNETT after having been convicted ofa felony crime punishable by imprisonment for a term exceeding one year, did knowingly and unlawfully possess, in and affecting interstate commerce, a firearm, to wit: an assault rifle. (hi violation oftitle 18, United States Code, Sections 922(g)(1) and 924(a)(2)). 12

13 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 13 of 27 PageID# 1333 COUNT ELEVEN On or about October 23, 2017, in the Eastern District of Virginia and elsewhere, the defendant, JORDAN DAVIS after having been convicted of a felony crime punishable by imprisonment for a term exceeding one year, did knowingly and unlawfully possess, in and affecting interstate commerce, a firearm, to wit: Taurus.45 caliber handgun. (In violation oftitle 18, United States Code, Sections 922(g)(1) and 924(a)(2)). 13

14 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 14 of 27 PageID# 1334 COUNT TWELVE On or about January 19, 2017, in Newport News, Virginia, in the Eastern District of Virginia and elsewhere, the defendant, JORDAN DAVIS did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount ofcocaine base, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c). 14

15 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 15 of 27 PageID# 1335 COUNT THIRTEEN On or about October 25, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, CHARLES BAILEY, JR. did unlawfully, knowingly and intentionally possess with intent to distribute a substance containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c). 15

16 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 16 of 27 PageID# 1336 COUNT FOURTEEN On or about October 25, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, MARIO DEVON BARRETT did unlawfully, knowingly and intentionally possess with intent to distribute a substance containing a detectable amount of marijuana, a Schedule I controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(d). 16

17 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 17 of 27 PageID# 1337 COUNT FIFTEEN On or about October 25, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, MARIO DEVON BARRETT, unlawfully and knowingly possessed a semi-automatic assault weapon, in furtherance ofa drug trafficking crime for which he may be prosecuted in a court ofthe United States, to wit: possession with intent to distribute marijuana, a Schedule I controlled substance. (In violation oftitle 18, United States Code, Section 924(c)(1)(A)). 17

18 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 18 of 27 PageID# 1338 COUNT SIXTEEN On or about February 24, 2016, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, STANLEY FREEMAN did unlawfully, knowingly and intentionally distribute a substance containing a detectable amount ofcocaine, a Schedule II narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(c). 18

19 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 19 of 27 PageID# 1339 COUNT SEVENTEEN On or about February 24, 2016, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, STANLEY FREEMAN, unlawfully and knowingly possessed a firearm, in furtherance ofa drug trafficking crime for which he may be prosecuted in a court of the United States, to wit: distribution ofcocaine, a Schedule II narcotic controlled substance. (In violation oftitle 18, United States Code, Section 924(c)(1)(A)). 19

20 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 20 of 27 PageID# 1340 COUNT EIGHTEEN On or about May 31, 2017, in Hampton, Virginia, in the Eastern District ofvirginia and elsewhere, the defendant, STANLEY FREEMAN did unlawfully, knowingly and intentionally possess with intent to distribute more than 100 grams ofa substance containing a detectable amount ofheroin, a Schedule I narcotic controlled substance. (All in violation oftitle 21, United States Code, Section 841(a)(1) and (b)(1)(b). 20

21 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 21 of 27 PageID# 1341 COUNT NINETEEN In or about September, 2017, in the Eastem District of Virginia and elsewhere, the defendant, STANLEY FREEMAN after having been convicted ofa felony crime punishable by imprisonment for a term exceeding one year, did knowingly and unlawfiilly possess, in and affecting interstate commerce, a firearm, to wit: an SKS Assault Rifle. (In violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2)). 21

22 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 22 of 27 PageID# 1342 COUNT TWENTY On or about or between August 2017 and October 2017, in the Eastern District of Virginia and elsewhere, the defendant, DEANGELO FREEMAN did corruptly attempt to obstruct, influence and impede the prosecution of Alex Burnett, an official proceeding, to wit: the defendant did provide to individuals listed in Count Two, the identity of a confidential informant and the fact that the confidential informant was working with the Federal Bureau of Investigation. (In violation oftitle 18, United States Code, Section 1512) 22

23 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 23 of 27 PageID# 1343 COUNT TWENTY ONE On or about or between September and October, 2017, in James City County, Virginia, in the Eastem District ofvirginia and elsewhere, the defendant, JORDAN DAVIS, unlawfully and knowingly possessed a suuu'-aulumalic assault weapuii,' in furtherance ofa drug trafficking crime for which he may be prosecuted in a court ofthe United States, to wit: possession with intent to distribute.marijuana, a Schedule I controlled substance. (hi violation oftitle 18, United States Code, Section 924(c)(1)(A)). 23

24 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 24 of 27 PageID# 1344 FORFEITURE ALLEGATION THE GRAND JURY FURTHER ALLEGES AND FINDS PROBABLE CAUSE THAT: 1. The defendants, ifconvicted ofany ofthe violations alleged in this Superseding Indictment, shall forfeit to the United States, as part ofthe sentencing pursuant to Federal Rule ofcriminal Procedure 32.2, any firearm or ammunition used in or involved in the violation. 2. The defendants, ifconvicted ofany ofthe violations alleged in counts 1-2, 4-9, 12-14, 16, and 18 ofthis Superseding Indictment, shall forfeit to the United States, as part ofthe sentencing pursuant to Federal Rule ofcriminal Procedure 32.2; a. Any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result ofthe violation; and b. Any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation. 3. The defendants, ifconvicted ofthe violation alleged in count 3 ofthis Superseding Indictment, shall forfeit to the United States, as part ofthe sentencing pursuant to Federal Rule ofcriminal Procedure 32.2, any property, real or personal, involved in the offense, or any property traceable to that property. 4. Ifany property that is subject to forfeiture above, as a result ofany act or omission ofthe defendant, (a) cannot be located upon the exercise ofdue diligence, (b) has been transferred to, sold to, or deposited with a third party, (c) has been placed beyond the jurisdiction ofthe Court, (d) has been substantially diminished in value, or (e) has been commingled with other property that cannot be divided without difficulty, it is the intention ofthe United States to seek forfeiture ofany other property ofthe defendant, as subject to forfeiture under Title 21, United States Code, Section 853(p). 5. The assets subject to forfeiture include, but are not limited to, the following, 24

25 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 25 of 27 PageID# 1345 a. Real property and improvements located at 107 Seminary Ridge, Hampton, Virginia; b. Real property and improvements located at 975 Drivers Lane, Newport News, Virginia; c. Real property and improvements located at 1705 Sawgrass Lane, Portsmouth, Virginia; d. Real property and improvements located at Batiste Court, Carrollton, Virginia; e Nissan Altima with VIN # 1N4AL3AP5EC and Virginia registration WNG1878. f Ford F-150 with VIN # 1FTFW1ET7DFC03519 and Virginia registration KCX6645. g BMW Coupe with VIN # WBAEK73444B and Virginia registration VVS6130. h Porsche Coupe with VIN # WP0CB29894S and Virginia registration VUF4105. i. Kubota Diesel Tractor MDL BX25DLB-R-1 and 54" side discharge mower attachment model RCK54-23BX. j. Funds contained in Old Point National Bank account # seized on October 25, k. Funds contained in SunTrust Bank account # seized on October 25, Funds contained in Bank ofamerica account # seized on October 25,2017. m. Funds contained in Wells Fargo account # seized on October 25, 25

26 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 26 of 27 PageID# n. Approximately $83,000 in U.S. currency seized from Batiste Court, Carrollton, Virginia, on October 25, 2017; o. Firearms and ammunition seized from Batiste Court, Carrollton, Virginia, on October 25, 2017; p. Jewelry seized from Batiste Court, Carrollton, Virginia, on October 25, 2017; q. $5,592 in U.S. currency seized from 634 Sea Turtle Way, Newport News, Virginia, on October 25, 2017; and r. Jewelry seized from 975 Drivers Lane, Newport News, Virginia, on October 25, (In accordance with Title 18, United States Code, Sections 924(d) and 982(a)(1); Title 21, United States Code, Section 853; and Title 28, United States Code, Section 2461.) 26

27 Case 4:17-cr MSD-LRL Document 89 Filed 03/14/18 Page 27 of 27 PageID# 1347 Pursuant to ihoe-govcmmcnta^t, the original of this page hos ton niul under seal in lha Cicrk VOfTicc UNITED STATES V. ALEX JERMAINE BURNETT, ET AL. 4:17CR111 A TRUE BILL: bedactedcopy FOREPERSON TRACY D. MCCORMICK ACTING UNITED STATES ATTORNEY By: Ef;cM.Hurt ' y Assistant United States Attorney Virginia State Bar No Attorney for the United States United States Attorney's Office Fountain Plaza Tliree, Suite Lakefront Commons Newport News, Virginia