Criminal Court Division State of Ohio, VS. Plaintiff For Engaging In A Pattern Of Corrupt Activity 2923.32(A)(1) 35 257 Additional Count(s) Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Miriam Ramos, Juan Rodriguez, Erickson Ramos, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Jonathan Musse, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jonathan Ortiz, Michael Ferguson, Jose Vega, Edwin Mendez, Jose Trujillo, Juan Rivera, Javier Flores, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, James Lyle, Alberto Pietri, Jose Ramos, Carlos Sanchez, Manuel Vasquez Dates of Offense (on or about) The Term Of Case Number 07/01/2007 to 04/29/2011 May of 2011 549476-11-CR The State of Ohio, Cuyahoga County } SS. Count 1 Engaging In A Pattern Of Corrupt Activity 2923.32(A)(1) Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Juan Rodriguez, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jose Vega, Edwin Mendez, Jose Trujillo, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, Jose Ramos Date of Offense On or about July 1, 2007 to April 29, 2011 The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, do find and present, that the above named Defendant(s), on or about the date of the offense set forth above, in the County of Cuyahoga, unlawfully On or between the 1 st day of July, 2007, and the 29 th day of April, 2011, in the County of Cuyahoga, State of Ohio, or by some manner enumerated in Section 2901.12 of the Revised Code whereby proper venue is placed in Cuyahoga County, DEFENDANTS, were associated with an Enterprise, as defined in Section 2923.31(C) of the Revised Code. This Enterprise is an illicit enterprise under O.R.C. 2932.22, whether or not this Enterprise existed separate and apart from the pattern of corrupt activity described in this Indictment. Page 1 of 108
This Enterprise functioned as a continuing unit by engaging in the diverse forms of illegal activities, as stated in this Indictment. In so doing, the DEFENDANTS NAMED BELOW are persons associated with the Enterprise who participated in and/or managed the affairs of the Enterprise, as explained in this Indictment. As such, these persons provided continuity and structure to the Enterprise in order to accomplish its illegal purposes the pattern of corrupt activity, to wit: 1) the theft of motor vehicles, and/or the acquisition or receipt of previously stolen vehicles, for the purpose of transferring of Vehicle Identification Numbers (VINs) and/ or valuable parts of those stolen vehicles to other, legitimately acquired vehicles or frames for the purpose of reselling newly created vehicles under a legitimate vehicle title, and 2) the possession and use of equipment, devices, instruments, and/or money illegally as a result of, and in furtherance of the above activity as explained in this Indictment. This Enterprise and the Persons Associated with the Enterprise were joined in purpose over a period of time, although their various roles were different in order to accomplish the main purposes of the Enterprise. These activities occurred with the knowledge and/or support of and/or were aided and abetted by each of the persons associated with the Enterprise. The Enterprise in this matter consisted of: Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Juan Rodriguez, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jose Vega, Edwin Mendez, Jose Trujillo, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, Jose Ramos, and others yet unknown, each of whom did conduct or participate in, directly or indirectly, the affairs of said enterprise, to-wit: a group of persons associated in fact for the purposes of engaging in, THEFT, RECEIVING STOLEN PROPERTY, TELECOMMUNICATIONS FRAUD, and TAMPERING WITH GOVERNMENT RECORDS, through a pattern of corrupt activity as defined in Section 2923.31(I)(2)(a) or (I)(2)(c) of the Revised Code, the predicate acts constituting the pattern of corrupt activity as defined in Section 2923.31(E) of said enterprise, which include criminal violations of Ohio Revised Code TITLE 29, Theft, Telecommunications Fraud, Involuntary Manslaughter, and Tampering with Government Records, as alleged in the following COUNTS FOUR through TWO HUNDRED FIFTY- EIGHT of the indictment and are alleged as Predicate Acts, which are incorporated herein as if fully restated, as well as other related acts of Theft, Receiving Stolen Property, Telecommunications Fraud, and Tampering with Government Records. Furthermore, pursuant to Section 2923.32(B)(1), at least one of the incidents of corrupt Page 2 of 108
activity, as defined in Section 2923.31(I)(2)(a) or (I)(2)(c) is a felony of the third degree or higher (any and all counts of Tampering with Government Records), contrary to and in violation of Section 2923.32(A)(1) of the Ohio Revised Code, and thereby, this COUNT ONE, Engaging in a Pattern of Corrupt Activity, constitutes a Felony of the First degree, contrary to and in violation of the Ohio Revised Code, Title 29, in 2923.32(A)(1) and against the peace and dignity of the State of Forfeiture of Property - 2941.1417(A) The Grand Jurors further find and specify that the defendant(s) is/are the owner(s) and/or possessor(s) of the following 62 motor vehicles which are contraband and/or property derived from or through the commission or facilitation of an offense, and/or instrumentalities the offender(s) used or intended to use in the commission or facilitation of a felony offense. LastName FirstName DOB Type Year Make Model Color VehicleVIN Cruz Evelyn 14-Sep- 78 1994 JEEP 1J4FT68S3RL206316 Cuevas Juan 27-Aug- 88 Auto 1991 HONDA 2dr RED 2HGED6347MH515222 Cuevas Juan 27-Aug- 88 1992 HONDA 1HGEG8658NL034830 Ferguson Michael 23-Oct- 89 Auto 1993 HONDA 2 dr. PURPLE 2HGEJ2145PH505538 Flores Javier 26-Jul-76 1981 TOYOTA JT2KP61G9B5559905 Hernandez Xavier 25-Feb- 90 Auto 2000 HONDA 1HGEM1151YL00570 Hernandez Xavier 25-Feb- 90 Auto 1999 HONDA 2HGEJ6329XH100902 Lozada Christina 14-Mar- 90 Auto 2002 MAZDA Hatchback BLACK JM1BJ246421471372 Lyle James 18-Dec- 75 Auto 1999 OLDSMOBILE 1G3NF12E9XC336211 Lyle James 18-Dec- 75 Auto 1996 OLDSMOBILE 1GHDT13W0T2711781 Lyle James 18-Dec- 75 Auto 1992 HONDA 1HGEG8643NL006411 Lyle James 18-Dec- 75 Auto 1996 GMC SW RED 1GKEK13R0Tj702533 Lyle James 18-Dec- 75 Auto 1996 FORD 1FMDU34X9TZA12335 Martinez Juan 05-Mar- 89 Auto 1998 CHEVROLET 4 dr. GREEN 1G1NE52M2WY158816 Martinez Lina 14-Jul-85 Auto 1991 HONDA 2HGED6343MH558813 Martinez Lina 14-Jul-85 Auto 2001 NISSAN 4 Dr. GREEN 1N4DL01D41C115457 Martinez Lina 14-Jul-85 Auto 1990 HONDA 1HGCB7655LA087381 Martinez Lina 14-Jul-85 Auto 1996 FORD 1FALP6530TK199483 Martinez Lina 14-Jul-85 Auto 1993 MAZDA JM1EC4324P0216994 Page 3 of 108
Mendez Mendez Mendez Musse Musse Ortiz Ortiz Padilla Edwin Edwin Edwin Jonathan Jonathan Jonathan Sally Victor 27-Apr- 68 Auto 2000 Honda 1HGEM115XYL029513 27-Apr- 68 Auto 2000 HONDA Civic BLACK 2HGEJ6345YH109180 27-Apr- 68 Auto 1992 HONDA 2HGEH2345NH530560 11-Dec- 78 Auto 2001 TOYOTA 4 dr. SILVER JTDBT123710100420 11-Dec- 78 Auto 1994 ACURA Hatchback GREEN JH4DC4452RS037282 01-Dec- 81 1989 HONDA 1HGED3553KA055086 03-Jan- 69 1997 HONDA JHMEJ6576VS022607 19-Sep- 86 1991 HONDA 2HGED7369MH528593 Padilla Pagan Pagan Pietri Pietri Pietri Pietri Pietri Jr. Pietri Jr. Pietri Sr. Pietri Sr. Pietri Sr. Victor Carlos Carlos Auri Auri Auri Auri Alberto Alberto Alberto Alberto Alberto 19-Sep- 86 1993 HONDA Civic SI HB BLACK 2HGEH338XPH518187 03-Nov- 86 1991 MITSUBISHI 4A3CS55U3ME110614 03-Nov- 86 1988 HONDA 1HGCA6166JA022033 10-Apr- 79 1986 OLDSMOBILE 1G3GM47Y9GP310431 10-Apr- 79 1989 FORD 1FTEF14N1KLB09987 10-Apr- 79 1995 HONDA Hatchback RED 2HGEH2368SH513510 10-Apr- 79 1996 HONDA 1HGEJ6578TL013854 17-Aug- 92 Auto 1994 HONDA Hatchback RED 2HGEH2369RH512876 17-Aug- DARK 92 Auto 1999 HONDA 2 dr. GREEN 1HGEJ612XXL012544 05-Aug- 73 1985 TOYOTA JT2AE86S5F0150927 05-Aug- 73 1989 CHRYSLER JJ3CC54N8KZ032246 05-Aug- 73 1978 DATSUN WHLA10016880 Ramos Erickson 21-Jul-92 Auto 1990 ACURA 4 dr. GRAY JH4DB1666LS007779 Ramos Erickson 21-Jul-92 1986 SUNBIRD SB208036G586 Ramos Jose 06-Oct- 84 Auto 1989 HONDA Hatchback GRAY 2HGED6359KH521688 Ramos Jose 06-Oct- 84 1993 CHEVROLET 1Y1SK5369PZ050784 Rodriguez Juan 17-Dec- 89 1988 TOYOTA 4T2ST68M7J0005300 Rodriguez Juan 17-Dec- 89 1992 MAZDA JM1EC4329N0121828 Rodriguez Juan 17-Dec- 89 SUV 1997 DODGE SW WHITE 2B4GP44R8VR101582 Rodriguez Marilyn 01-Jan- 73 Auto 2007 BMW 4 dr. SILVER WBAVC93537K030114 Page 4 of 108
Rodriguez Rodriguez Rodriguez Rodriguez Rodriguez Rodriguez Rodriguez Sanchez Santiago Santiago Torres (Bruno) Torres (Bruno) Trujillo Vega Vega Marilyn Marilyn Marilyn Marilyn Marilyn Marilyn Marilyn Carlos Francisco Francisco Lizmarie Lizmarie Jose Jose Jose 01-Jan- 73 2002 YAMAHA JY4AB02Y82C008526 01-Jan- 73 1995 ACURA JH4KA7668SC004839 01-Jan- 73 2003 KAWASAKI JKBKXEAC33A031905 01-Jan- 73 1988 JEEP 2BCCZ8147JB508129 01-Jan- 73 2001 YAMAHA JYACE08C31A004094 01-Jan- 73 Auto 1998 HONDA 2 dr. RED 1HGEJ8242WL005484 01-Jan- 73 Auto 1999 HONDA 4 dr. GREEN 2HGEJ6612XH538891 17-Aug- 81 1990 EGIL 4E3CT64UXLE153148 05-Apr- 87 1985 AMC 1XMAC9768FK164101 05-Apr- 87 Auto 1991 CHEVROLET 4 dr. MAROON 1G1BL53E9MW146431 31-Jan- 74 SUV 1997 FORD expedition DARK GREEN 1FMFU18L7VLA33999 31-Jan- 74 1987 CHEVROLET 2GBEG25K8H4114581 26-Dec- 73 1990 CHEVROLET 1G1JF14T8L7145580 05-May- 87 Auto 1998 HONDA 4 dr. SILVER 1HGEJ8545WL024221 05-May- 87 1999 HONDA 2HKRL1853XH500669 Count 2 Conspiracy 2923.01(A)(1) Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Miriam Ramos, Juan Rodriguez, Erickson Ramos, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Jonathan Musse, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jonathan Ortiz, Michael Ferguson, Jose Vega, Edwin Mendez, Jose Trujillo, Juan Rivera, Javier Flores, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, James Lyle, Alberto Pietri, Jose Ramos, Carlos Sanchez, Manuel Vasquez Date of Offense On or about January 1, 2008 to March 22, 2011 Page 5 of 108
did, with purpose to commit or promote or facilitate the commission of Engaging in a Pattern of Corrupt Activity, O.R.C. 2923.32(A)(1), plan or aid in planning the commission of the specified offense with another person or persons, Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Juan Rodriguez, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jose Vega, Edwin Mendez, Jose Trujillo, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, Jose Ramos, to wit: the theft of motor vehicles, and/or the acquisition or receipt of previously stolen vehicles, for the purpose of transferring of Vehicle Identification Numbers (VINs) and/ or valuable parts of those stolen vehicles to other, legitimately acquired vehicles or frames for the purpose of reselling newly created vehicles under "legitimate" vehicle titles. FURTHERMORE, and the object of the conspiracy was a felony of the first degree. Count 3 Conspiracy 2923.01(A)(2) Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Miriam Ramos, Juan Rodriguez, Erickson Ramos, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Jonathan Musse, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jonathan Ortiz, Michael Ferguson, Jose Vega, Edwin Mendez, Jose Trujillo, Juan Rivera, Javier Flores, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, James Lyle, Alberto Pietri, Jose Ramos, Carlos Sanchez, Manuel Vasquez Date of Offense On or about January 1, 2008 to March 22, 2011 did, with purpose to commit or promote or facilitate the commission of Engaging in a Pattern of Corrupt Activity, O.R.C. 2923.32(A)(1), agree with another person or persons, Evelyn Cruz, Juan Cuevas, Christina Lozada, Xavier Hernandez, Jose Martinez, Juan Martinez, Lina Martinez, Victor Padilla, Juan Rodriguez, Francisco Santiago, Lizmarie Torres-Bruno, Carlos Pagan, Ivan Pietri, Luis Cuevas, Alberto Pietri Jr., Sally Ortiz, Javier Millan, Jose Vega, Edwin Mendez, Jose Trujillo, Marilyn Rodriguez, Juan Hernandez, Auri Pietri, Jose Ramos, that one or more of them would engage in conduct that would facilitate the commission of the specified offense, to wit: the theft of motor vehicles, and/or the acquisition or receipt of previously stolen vehicles, for the purpose of transferring of Vehicle Identification Numbers (VINs) and/ or valuable parts of those stolen vehicles to other, legitimately acquired vehicles or frames for the purpose of reselling newly created vehicles under "legitimate" vehicle titles. Page 6 of 108
FURTHERMORE, and the object of the conspiracy was a felony of the first degree. Count 4 Involuntary Manslaughter 2903.04(A) Victor Padilla, Juan Hernandez Date of Offense On or about April 2, 2010 did cause the death of Calvin McMahan and such death was the proximate result of Victor Padilla and/or Juan Hernandez committing or attempting to commit the felony offense of O.R.C. 2913.02 Theft of a Motor vehicle. Count 5 Involuntary Manslaughter 2903.04(A) Victor Padilla, Juan Hernandez Date of Offense On or about April 2, 2010 did cause the death of Kelvin Pontajas and such death was the proximate result of Victor Padilla and/or Juan Hernandez committing or attempting to commit the felony offense of O.R.C. 2913.02 Theft of a Motor vehicle. Count 6 Telecommunications Fraud 2913.05(A) Victor Padilla Date of Offense On or about October 1, 2010 to October 24, 2010 Page 7 of 108
having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 7 4549.62(D)(1) Victor Padilla Date of Offense On or about October 24, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or retagged dashboard VIN with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 8 4549.62(D)(1) Victor Padilla Date of Offense On or about October 24, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or retagged door-sticker VIN with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Page 8 of 108
Count 9 4549.62(D)(1) Victor Padilla Date of Offense On or about October 24, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or retagged firewall VIN with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 10 Victor Padilla Date of Offense On or about October 24, 2010 did receive, retain, or dispose of 2003 Chrysler Town & Country minivan, VIN: 2C4GP44L63R103293, the property of Javier Umanzor, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 11 Tampering with Records 2913.42(A)(2) Victor Padilla Date of Offense On or about March 19, 2010 to October 24, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, Page 9 of 108
knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 12 Telecommunications Fraud 2913.05(A) Victor Padilla Date of Offense On or about February 9, 2010 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 13 4549.62(B) Victor Padilla Date of Offense On or about February 19, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard VIN plate), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Page 10 of 108
Count 14 4549.62(D)(1) Victor Padilla Date of Offense On or about February 19, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or retagged door-sticker VIN with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 15 4549.62(B) Victor Padilla Date of Offense On or about February 19, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (firewall), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 16 Victor Padilla Date of Offense On or about February 9, 2010 did receive, retain, or dispose of a 1997 Acura Integra hatchback (red), VIN: JHDC2386V001573, the property of Daniel Kozdron, knowing or having reasonable cause to believe that the property had Page 11 of 108
been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 17 Tampering with Records 2913.42(A)(2) Victor Padilla Date of Offense On or about February 9, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 18 Telecommunications Fraud 2913.05(A) Victor Padilla Date of Offense On or about September 16, 2010 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Page 12 of 108
Count 19 4549.62(B) Victor Padilla Date of Offense On or about August 11, 2010 to August 12, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard VIN plate), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 20 4549.62(D)(1) Victor Padilla Date of Offense On or about August 11, 2010 to August 12, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or Vehicle Identification Number (door-sticker) with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 21 4549.62(D)(1) Victor Padilla Date of Offense On or about August 11, 2010 to August 12, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or Vehicle Identification Number (firewall) with knowledge that the vehicle identification number or a Page 13 of 108
derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 22 Victor Padilla Date of Offense On or about August 11, 2010 to August 12, 2010 did receive, retain, or dispose of a 1995 Honda Civic 2-dr. (red), VIN: 1HGEJ1126SL022757, the property of Paul Galloway, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 23 Tampering with Records 2913.42(A)(2) Victor Padilla Date of Offense On or about August 12, 2010 to September 16, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Page 14 of 108
Count 24 Telecommunications Fraud 2913.05(A) Victor Padilla Date of Offense On or about December 1, 2010 to December 31, 2010 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 25 Tampering with Records 2913.42(A)(2) Victor Padilla Date of Offense On or about November 16, 2010 to December 15, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 26 4549.62(A) Victor Padilla Date of Offense On or about November 16, 2010 to December 15, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or motor vehicle engine, remove, deface, cover, alter, or destroy any vehicle identification number or derivative of a vehicle Page 15 of 108
identification number on a motor vehicleor motor vehicle engine. Count 27 4549.62(D)(1) Victor Padilla Date of Offense On or about November 16, 2010 to December 15, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or motor vehicle engine with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 28 Victor Padilla Date of Offense On or about November 16, 2010 to December 15, 2010 did receive, retain, or dispose of the engine and transmission from a 1999 Honda Civic (blue), VIN: 1HGEM1158XL062556, the property of Leslie Lynch, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $500 or more and was less than $5,000. Page 16 of 108
Count 29 Victor Padilla Date of Offense On or about October 21, 2008 did receive, retain, or dispose of 1999 Honda Civic (red), VIN:???, the property of Karl Pilz, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 30 Grand Theft 2913.02(A)(1) Victor Padilla Date of Offense On or about February 26, 2010 did with purpose to deprive the owner, Kevin Camp, of a Honda Civic 2-Dr. hatchback (red): VIN 2HGEJ6344YH111762 or services, knowingly obtain or exert control over either the property or services without the consent of the owner or person authorized to give consent and the property stolen is a motor vehicle. Count 31 Victor Padilla Date of Offense On or about July 6, 2010 to July 7, 2010 did receive, retain, or dispose of a 2002 Dodge Caravan, VIN: 2B8GP74L42R649375, the property of Tessa Kostansek, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Page 17 of 108
Count 32 Victor Padilla Date of Offense On or about July 14, 2010 did receive, retain, or dispose of a 1998 Honda, VIN: 1HGEJ8143WL0600835, the property of Jared Olszko, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 33 Victor Padilla Date of Offense On or about July 12, 2010 did receive, retain, or dispose of a 1999 Honda hatchback (silver), VIN: 2HGEJ6324XH107272, the property of James Barnicle, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 34 Victor Padilla Date of Offense On or about July 12, 2010 Page 18 of 108
did receive, retain, or dispose of a customized bicycle, the property of James Barnicle, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $500 or more and was less than $5,000. Count 35 Victor Padilla Date of Offense On or about October 6, 2010 did receive, retain, or dispose of a 2000 Honda Civic (black), VIN: 1HGEJ7223YL121529, the property of Nicholas Sagaert, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 36 Victor Padilla Date of Offense On or about October 21, 2009 to October 24, 2010 did receive, retain, or dispose of the engine from a 1998 Acura Integra (green), VIN: JH4DC2399WS000704, the property of John Reed, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $500 or more and was less than $5,000. Page 19 of 108
Count 37 Tampering with Records 2913.42(A)(2) Victor Padilla Date of Offense On or about October 19, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 38 Possessing Criminal Tools 2923.24(A) Victor Padilla Date of Offense On or about October 20, 2010 did possess or have under the person's control any substance, device, instrument, or article, to wit: "shaved" Honda ignition key with purpose to use it criminally. FURTHERMORE, the "shaved" Honda ignition key involved in the offense was intended for use in the commission of a felony, to wit: Receiving Stolen Property - Motor Vehicle, O.R.C. 2913.51. Count 39 Attempted Grand Theft 2923.02 / 2913.02(A)(1) Victor Padilla Date of Offense On or about March 31, 2010 did with purpose to deprive the owner, Adam Thompson, of a 1997 Acura Integra, VIN: JHDC4365VS006127 or services, knowingly attempt to obtain or exert control over either the Page 20 of 108
property or services without the consent of the owner or person authorized to give consent and the property stolen is a motor vehicle. Count 40 Grand Theft 2913.02(A)(1) Victor Padilla Date of Offense On or about April 1, 2010 to April 2, 2010 did with purpose to deprive the owner, Richard Schiffbauer, of a 1994 Acura Intergra (white), VIN: JH4DC4346RS004519 or services, knowingly obtain or exert control over either the property or services without the consent of the owner or person authorized to give consent and the property stolen is a motor vehicle. Count 41 Evelyn Cruz Date of Offense On or about January 27, 2010 to February 16, 2010 did receive, retain, or dispose of a 1995 Honda Civic hatchback (red), VIN: 2HGEH2463SH517821, the property of Octavian Pavel, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Page 21 of 108
Count 42 4549.62(A) Evelyn Cruz Date of Offense On or about January 27, 2010 to February 16, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or Vehicle Identification Number, remove, deface, cover, alter, or destroy any vehicle identification number or derivative of a vehicle identification number on a motor vehicleor re-tag with a different VIN the vehicle firewall VIN, dashboard plate VIN and door-sticker VIN. Count 43 4549.62(D)(1) Evelyn Cruz Date of Offense On or about January 27, 2010 to February 16, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or Vehicle Identification Number with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 44 Evelyn Cruz Date of Offense On or about February 26, 2010 to March 4, 2010 did receive, retain, or dispose of a 1999 Honda 4-Dr. (green), VIN: 1HGEJ8643XL023214, the property of Timothy Jenkins, knowing or having reasonable cause to believe that the property had Page 22 of 108
been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 45 Evelyn Cruz Date of Offense On or about February 28, 2010 to March 4, 2010 did receive, retain, or dispose of a 1992 Honda Civic (white), VIN: 2HGEH2456NH517162, the property of Kyle Slotnicky, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 46 Juan Cuevas Date of Offense On or about May 31, 2010 to September 10, 2010 did receive, retain, or dispose of a 1994 Honda Civic 2-Dr. (blue), VIN: 2HGEH2361SH513171, the property of Victoria Hampton, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 47 4549.62(B) Juan Cuevas Date of Offense On or about February 28, 2010 to September 10, 2010 Page 23 of 108
did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard plate), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 48 4549.62(B) Juan Cuevas Date of Offense On or about February 28, 2010 to September 10, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (door-sticker), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 49 4549.62(B) Juan Cuevas Date of Offense On or about February 28, 2010 to September 10, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (firewall), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Page 24 of 108
Count 50 Tampering with Records 2913.42(A)(2) Juan Cuevas Date of Offense On or about July 29, 2010 to September 10, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 51 Telecommunications Fraud 2913.05(A) Juan Cuevas Date of Offense On or about September 10, 2010 to October 10, 2010 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 52 Tampering with Records 2913.42(A)(2) Juan Cuevas Date of Offense On or about July 23, 2010 to November 13, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, Page 25 of 108
knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 53 Telecommunications Fraud 2913.05(A) Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 54 4549.62(B) Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard VIN plate), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Page 26 of 108
Count 55 4549.62(B) Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (door-sticker), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 56 4549.62(B) Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (firewall VIN), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 57 Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did receive, retain, or dispose of a 1999 Honda Civic 2-Dr. (red), VIN: 2HGEJ6324XH108566, the property of Doug Rickon, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Page 27 of 108
Count 58 4549.62(D)(1) Juan Cuevas Date of Offense On or about December 1, 2010 to December 31, 2010 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or Vehicle Identification Number with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 59 Tampering with Records 2913.42(A)(2) Juan Cuevas Date of Offense On or about September 28, 2010 to October 14, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Page 28 of 108
Count 60 4549.62(B) Juan Cuevas Date of Offense On or about September 28, 2010 to October 14, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard VIN plate), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 61 4549.62(B) Juan Cuevas Date of Offense On or about September 28, 2010 to October 14, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (door-sticker), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 62 4549.62(B) Juan Cuevas Date of Offense On or about September 28, 2010 to October 14, 2010 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (firewall), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the Page 29 of 108
manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 63 Juan Cuevas Date of Offense On or about September 28, 2010 to October 14, 2010 did receive, retain, or dispose of a 1992 Honda Civic (turquoise), VIN: 2HGEH2451NH503590, the property of Zachary Carly, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 64 Juan Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 did receive, retain, or dispose of a 1995 Honda Civic hatchback (red), VIN: 2HGEH2463SH517821, the property of Octavian Pavel, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 65 4549.62(B) Juan Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 Page 30 of 108
did, with purpose to conceal or destroy the identity of a motor vehicle or a firewall VIN, doorsticker, and dash VIN plate, remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 66 4549.62(D)(1) Juan Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or firewall VIN, door-sticker, and dash VIN plate with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Count 67 Juan Cuevas Date of Offense On or about February 26, 2010 to March 4, 2010 did receive, retain, or dispose of a 1999 Honda 4-Dr. (green), VIN: 1HGEJ8643XL023214, the property of Timothy Jenkins, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Page 31 of 108
Count 68 Juan Cuevas Date of Offense On or about February 26, 2010 to March 4, 2010 did receive, retain, or dispose of a 1992 Honda Civic (white), VIN: 2HGEH2456NH517162, the property of Kyle Slotnicky, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 69 Motor Vehicle Certificate of Title Offenses 4505.19(A)(2) Juan Cuevas Date of Offense On or about June 25, 2010 did purport to sell or transfer a motor vehicle without delivering to the purchaser or transferee of it a certificate of title, a salvage certificate of title, or a manufacturer's or importer's certificate to it, assigned to the purchaser as provided for in Chapter 4505.19 of the Revised Code. Count 70 Juan Cuevas, Luis Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 did receive, retain, or dispose of a 1995 Honda Civic hatchback (red), VIN: 2HGEH2463SH517821, the property of Octavian Pavel, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Page 32 of 108
Count 71 4549.62(B) Luis Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a firewall VIN, doorsticker, and dash VIN plate, remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 72 4549.62(D)(1) Luis Cuevas Date of Offense On or about January 27, 2010 to February 16, 2011 did buy, offer to buy, sell, offer to sell, receive, dispose of, conceal, or possess a motor vehicle or firewall VIN, door-sticker, and dash VIN plate with knowledge that the vehicle identification number or a derivative of the vehicle identification number had been removed, defaced, covered, altered, or destroyed in such a manner that the identity of the vehicle or part could not be determined by a visual examination of the number at the site where the manufacturer placed the number. Page 33 of 108
Count 73 Tampering with Records 2913.42(A)(2) Luis Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. Count 74 Telecommunications Fraud 2913.05(A) Luis Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 75 4549.62(B) Luis Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (dashboard VIN plate), remove, deface, cover, alter, or destroy any identifying number that Page 34 of 108
was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 76 4549.62(B) Luis Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (door-sticker), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Count 77 4549.62(B) Juan Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did, with purpose to conceal or destroy the identity of a motor vehicle or a Vehicle Identification Number (firewall VIN), remove, deface, cover, alter, or destroy any identifying number that was lawfully placed upon a vehicle or vehicle part by an owner of the vehicle or vehicle part, other than the manufacturer, for the purpose of deterring its theft and facilitating its recovery if stolen. Page 35 of 108
Count 78 Luis Cuevas Date of Offense On or about July 23, 2010 to January 13, 2011 did receive, retain, or dispose of a 1999 Honda Civic 2-Dr. (red), VIN: 2HGEJ6324XH108566, the property of Doug Rickon, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the property involved was a motor vehicle. Count 79 Telecommunications Fraud 2913.05(A) Luis Cuevas Date of Offense On or about January 20, 2010 to September 7, 2010 having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. Count 80 Tampering with Records 2913.42(A)(2) Luis Cuevas Date of Offense On or about January 20, 2010 did, knowing he had no privilege to do so, and with purpose to defraud or knowing he was facilitating a fraud on State Of Ohio, utter a writing or record, to wit: vehicle title application, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental Page 36 of 108
entity. Count 81 Luis Cuevas Date of Offense On or about November 4, 2009 to November 23, 2009 did receive, retain, or dispose of a 1993 Honda Civic CRX (blue), VIN: 2HGEH246X539449, the property of Sheyla Cruz, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $500 or more and was less than $5,000. Count 82 Michael Ferguson Date of Offense On or about December 21, 2010 to December 22, 2010 did receive, retain, or dispose of an engine and transmission from a 1993 Honda Civic (purple), VIN: 1HGEJ115XPL034315, the property of Brandon Delude, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $500 or more and was less than $5,000. Page 37 of 108