Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 1 of 11 PageID# 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division FILED l*., r =N COURT JUN 2 7 2012 UNITED STATES OF AMERICA v. HAN SA YU, a.k.a. "Thunder," a.k.a. "Bungay," a.k.a. "Chris," and JE HYUNG YOO, a.k.a. "Justice," Defendants. No. l:12-cr-280 Count 1: Conspiracy to Commit Extortion (18U.S.C. 1951(a Counts 2, 3, 5, and 6: Extortion (18U.S.C. 1951(a & 2 Count 4: Attempted Extortion (18U.S.C. 1951(a & 2 CLERK, U.S. DISTRICT COURT ALEXANDRIA. VIRftlMiA INDICTMENT June 2012 Term - At Alexandria General Allegations THE GRAND JURY CHARGES THAT: Introduction At all times relevant to this Indictment: 1. Defendant HAN SA YU, also known as "Thunder," also known as "Bungay," also known as "Chris," was a citizen ofthe Republic of Korea (South Korea who was a permanent resident of the United States. 2. Defendant JE HYUNG YOO, also known as "Justice," was a citizen of the Republic of Korea (South Korea who was unlawfully present in the United States.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 2 of 11 PageID# 23 3. Defendant HAN SA YU, was the leader ofa gang known as the "Korean Night Breeders" that was based in Fairfax County, Virginia. Members ofthe Korean Night Breeders were sometimes known as "Thunder's Little Brothers." 4. Defendant JE HYUNG YOO was a member ofthe Korean Night Breeders and was a close associate ofdefendant HAN SA YU. 5. Defendant HAN SA YU, defendant JE HYUNG YOO, and other members ofthe Korean Night Breeders extorted money and attempted to extort money from various businesses in Fairfax County, Virginia, through force, violence, fear, and threatened force, violence, and beatings, including the following: a. "KHY," a man from South Korea whose identity is known to the United States Attorney and the Grand Jury, who operated a doumi business that provided outcall, female companionship service to customers; b. "YSC," a man from South Korea whose identity is known to the United States Attorney and the Grand Jury, who operated a doumi business; c. "MKK," a man from South Korea whose identity is known to the United States Attorney and the Grand Jury, who operated a restaurant; and d. "ISM," a man from South Korea whose identity is known to the United States Attorney and the Grand Jury, who operated a taxi business.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 3 of 11 PageID# 24 Count One Conspiracy to Commit Extortion (18 U.S.C. 1951(a 1. Paragraphs 1 through 5 of the General Allegations ofthis Indictment are specifically re-alleged and incorporated by reference as if they were fully set forth here. 2. From in and around January 2006 through on or about June 20,2012, in Fairfax County, in the Eastern District ofvirginia and elsewhere, the defendants, HAN SA YU, also known as "Thunder," "Bungay," and "Chris,"and JE HYUNG YOO, also known as "Justice," did knowingly and unlawfully combine, conspire, confederate, and agree with each other and with persons known and unknown to the Grand Jury to obstruct, delay, and affect commerce and the movement ofarticles and commodities in commerce, by extortion. Manner and Means ofthe Conspiracy The purpose ofthe conspiracy was to obtain money for the use ofdefendant HAN SA YU, defendant JE HYUNG YOO, other members ofthe conspiracy, and the Korean Night Breeders. The manner and means by which the conspirators conducted the conspiracy included the following: 3. The defendants approached owners ofbusinesses and intimidated and implicitly and explicitly threatened the owners ofthe businesses with violence and beatings; 4. Through intimidation and threats, the defendants caused business owners to fear for their safety and for the continuation oftheir businesses;
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 4 of 11 PageID# 25 5. Around the time that the defendants and their co-conspirators made implicit and explicit threats ofviolence, thedefendants would demand payment of money from various business owners; and 6. The defendants would make telephone calls to business ownersto demand payments, deliver threats, and remind business owners ofthe consequences offailing to pay. Overt Acts In furtherance ofthe conspiracy and to effect the objects thereof, the defendants and their co-conspirators knowingly performed and caused to be performedovert acts in the Eastern District ofvirginia and elsewhere. These acts included the following: 7. In and around 2010, defendant HAN SA YU telephoned KHY and told KHY to meet defendant HAN SA YU at a restaurant in Annandale, Virginia; 8. In and around 2010, in the parking lot ofa restaurant located in Annandale, Virginia, defendants HAN SA YU and JE HYUNG YOO, along with other members ofthe Korean Night Breeders, surrounded KHY while defendant HAN SA YU informed KHY that he would need to pay defendant HAN SA YU ifkhy wanted to continue to operate his doumi business in Annandale, Virginia; 9. In and around 2010, on various occasions, defendant HAN SA YU called KHY on the telephone to remind KHY when extortion payments were due to be paid to defendant HAN SA YU; 10. In and around February 2011, defendant HAN SA YU called YSC on the telephone and instructed YSC to meet defendant HAN SA YU in Annandale, Virginia;
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 5 of 11 PageID# 26 11. In and aroundfebruary 2011, defendant HAN SA YU and two other men met with YSC and defendant HAN SA YU informed YSC that YSC would need to pay a "tax" to defendant HAN SA YU; 12. In and around March2011, defendant HAN SA YU called YSC on the telephone and told YSC that he (YSC needed to pay defendant HAN SA YU $500. 13. In and around October2010, defendant JE HYUNG YOO and anothermemberofthe KoreanNightBreeders entereda restaurantthenoperatedbymkk,anddefendantje HYUNG YOO demanded that MKK pay defendant HAN SA YU $200 to $300 per week for protection; 14. In and around October 2010, while demanding money from MKK, defendant JE HYUNG YOO displayed a metal baton, swung the baton, and stated that MKK knew what would happen ifmkk did not pay the demanded money; 15. In and around October 2010, defendant HAN SA YU called MKK on the telephone and told MKK that: MKK should not have called the police; calling the police was only going to hurt MKK; MKK was employing illegal aliens; and defendant HAN SA YU was going to ruin MKK's business unless he paid money to defendant HAN SA YU; 16. On or about November 1,2009, defendanthan SA YU called ISM on the telephone and instructed ISM to pay defendant HAN SA YU money; 17. On or about November 2,2009, while ISM was in ISM's vehicle waiting to pick up a customerin Annandale, Virginia, defendant HAN SA YU opened the door ofism's vehicle and defendant HAN SA YU, defendant JE HYUNG YOO, and other members of the Korean Night Breeders began to hit and kick ISM about his face, chest, arm, and legs; during the attack, defendant HAN SA YU instructed defendant JE HYUNG YOO to get a knife because ISM was going to die;
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 6 of 11 PageID# 27 18. On or about November 2,2009, after defendant HAN SA YU and his co-conspirators finished beating ISM, defendant HAN SA YU instructed ISM to call him (defendant HAN SA YU the next day and pay the demanded money; 19. In and around April 2011, defendant HAN SA YU called ISM demanding that ISM pay defendant money to HAN SA YU; and 20. In and around April 2011, in Annandale, Virginia, ISM was at a restaurant when defendant HAN SA YU entered the restaurant, struck ISM in the face, and asked when ISM was goingto pay defendant HAN SA YU the money he demanded; a few days laterdefendant HANSA YU accepted a payment of$1,000 from ISM. (In violation oftitle 18, United States Code, Section 1951(a.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 7 of 11 PageID# 28 Count Two Extortion (18U.S.C. 1951(a & 2 1. Paragraphs 1 through 5 ofthe General Allegations ofthis Indictment are specifically re-alleged and incorporated by reference as if they were fully set forth here. 2. On or about November 3,2009, in Fairfax County, in the Eastern District of Virginiaand elsewhere, defendant HAN SA YU, also known as "Thunder,""Bungay," and "Chris," and defendant JE HYUNG YOO, also known as "Justice," aiding and abetting one another, did knowingly obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by extortion ofmoney from ISM. (In violation oftitle 18, United States Code, Sections 1951(a and 2.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 8 of 11 PageID# 29 Count Three Extortion (18 U.S.C. 1951(a & 2 1. Paragraphs 1 through 5 of the General Allegations of this Indictment are specifically re-alleged and incorporated by reference as if they were fully set forth here. 2. In and around spring 2010, in Fairfax County, in the Eastern District of Virginia and elsewhere, defendant HAN SA YU, also known as "Thunder," "Bungay," and "Chris," and defendant JE HYUNG YOO, also known as "Justice," aiding and abetting one another, did knowingly obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by extortion ofmoney from KHY. (In violation oftitle 18, United States Code, Sections 1951(a and 2.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 9 of 11 PageID# 30 Count Four Attempted Extortion (18U.S.C. 1951(a & 2 1. Paragraphs 1 through 5 of the General Allegations of this Indictment are specifically re-alleged and incorporated by reference as if they were fully setforth here. 2. In and around October 2010, in Fairfax County, in the Eastern District ofvirginia and elsewhere, defendant HAN SA YU, also known as "Thunder," "Bungay," and "Chris," and defendant JE HYUNG YOO, also known as "Justice," aiding and abetting one another, did knowingly attempt to obstruct, delay, and affect commerce andthe movement of articles and commodities in commerce by extortion ofmoney from MKK. (In violation of Title 18, United States Code, Sections 1951(a and 2.
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 10 of 11 PageID# 31 Count Five Extortion (18U.S.C. 1951(a & 2 1. Paragraphs 1 through 5 of the General Allegations of this Indictment are specifically re-alleged and incorporated by reference as if they were fully set forth here. 2. In and around spring 2011, in Fairfax County, in the Eastern District of Virginia and elsewhere, defendant HAN SA YU, also known as "Thunder," "Bungay," and "Chris," and defendantje HYUNG YOO, also known as "Justice," aiding and abetting one another, did knowingly obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by extortion ofmoney from YSC. (In violation of Title 18, United States Code, Sections 1951(a and 2. 10-
Case 1:12-cr-00280-JCC Document 11 Filed 06/27/12 Page 11 of 11 PageID# 32 Count Six Extortion (18U.S.C. 1951(a & 2 1. Paragraphs 1through 5 of the General Allegations of this Indictment are specifically re-alleged and incorporated by reference as ifthey were fully set forth here. 2. In or around April 2011, in Fairfax County, in the Eastern District ofvirginia and elsewhere, defendant HAN SA YU, also known as "Thunder," "Bungay," and "Chris," and defendant JE HYUNG YOO, also known as "Justice," aiding and abetting one another, did knowingly obstruct, delay, and affect commerce and the movement ofarticles and commodities in commerce by extortion of money from ISM. (In violation oftitle 18, United States Code, Sections 1951(a and 2. A TRUE BILL P«w*x* lo ther-govatrenini Act, Ibe original of this pagehas b«cn I'-'.ri inier seal *( lit* Clerk1! Office. FOREPERSON Neil H. MacBride United States Attorney By: Q - Michael J. Frank Marc J. Birnbaum Special Assistant United States Attorneys -11-