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COURT MINUTES

U.S. MAGISTRATE JUDGE ANDREA M. SIMONTON - ATKINS TOWER - 8TH FLOOR


D A T E : 1 0 / 2 5 / 1 0 T I M E : 1 : 3 0 P. M . P A G E : 4

DEFT: RAFAEL RAMOS DE LA ROSA (J) CASE NO: 10-3468-SIMONTON


94741-004
AUSA: RICHARD GREGORY ATTY:
AGENT: FBI VIOL: HOBBS ACT EXTORTION
PROCEEDING: INITIAL APPEARANCE RECOMMENDED BOND:
BOND/PTD CONTESTED HRG HELD - yes / no CJA APPT:
BOND SET @: To be cosigned by:
INTERPRETER: SPANISH
All Standard Conditions.
Disposition:

Surrender / or do not obtain passports / travel documents DFFFNDANT ADVISED

Rpt to PTS as directed / or x's a week/month by


phone; x*s a week/month in person

Refrain from excessive use of alcohol DEFENDANT STATED THAT HE WILL HIRE HIS OWN
ATTORNEY

Q Participate in a mental health assessment and treatment

COURT ORDERS FDC TO PERMIT DEFENDANT TO MAKE A


Q Random urine testing by Pretrial Services and/or treatment as COLLECT CALL TO VENEZUELA OR A LOCAL CALL TO
deemed necessary ARRANGE FOR COUNSEL

Q Not to encumber property.

GOVERNMENT RECOMMENDS PRETRIAL DETENTION; DEFT


Q Maintain or seek full - time employment/education.
REQS 10/27/10 FOR HRG.

□ No contact with victims / witnesses.

Q No firearms.

Q May Not visit Transportation Establishments.

Q Travel extended to:

□ Home Confinement: Electronic Monitoring and/or Curfew


, paid by .
□ Other
NEXT COURT APPEARANCE)

REPORT RE COUNSEL: 10/27/10 10:00 AM DUTY

PTD/BOND HEARING: 10/27/10 10:00 AM DUTY

??£LIM/ARRAIGN. OR R E M O VA L : 11 / 8 / 1 0 10:00 AM DUTY

STATUS CONFERENCE
TAPE No. 10-FX- 96 Begin: 616 TIME IN COURT: 7
mins

B.A.ft.No. U:lo:3o
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 1 of 11

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA

No . JD~ 3<tL9i~AUS

UNITED STATES OF AMERICA

vs.

RAFAEL RAMOS DE LA ROSA,

Defendant.

CRIMINAL COVER SHEET

1. Did this matter originate from a matter pending in the Northern Region of the United States
Attorney's Office prior to October 14, 2003? Yes X No

2. Did this matter originate from a matter pending in the Central Region of the United States
Attorney's Office prior to September 1, 2007? Yes X No

Respectfully submitted,

WIFREDO A. FERER
ACTING UNITED STATES ATTORNEY

BY:
RICHARD D. GREGOI

ASSISTANT UNITED STATES ATTORNEY
Florida Bar No.549495
99 N. E. 4th Street, 7,h Floor
Miami, Florida 33132-2111
TEL (305) 961-9148
FAX (305) 536-7213
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 2 of 11

AO 9I (Rev. 01/09) Criminal Complaint

United States District Court


for the
Southern District of Florida

UNITED STATES OF AMERICA )


)
vs.
RAFAEL RAMOS DE LA ROSA
) Case No.
)
)
/o- sv^o-J^s
Defendant

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date ofi2/i7/2oo9-io/24/2oioin the county of Miami-Dade in the Southern District of
Florida , the defendant violated Title 18 U. S. C. § 1951 and 1952 . an offense described as follows:

Conspiracy to and attempt to interfere with interstate and foreign commerce under color of official right and by
wrongful use of fear of economic harm, in violation of Title 18, United States Code, Section 1951(a) and Interstate
and foreign travel and use of facilities, including e-mail, to promote, manage and carry on the unlawful activity of
extortion, in violation of Title 18, United States Code, Section 1952.

This criminal complaint is based on these facts:


See Attachment A

D Continued on the attached sheet.

Complainant's signature

Special Agent Daniel J. Johns, FBI


Printed name and title

Sworn to before me and signed in my presence.

Date: /o/z r//a <hw^t7&Kj


Judge s signature

City and state: Miami, Florida Andrea M. Simonton, Magistrate Judge


Printed name and title
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 3 of 11

ATTACHMENT A
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 4 of 11

1, Daniel J. Johns, being duly sworn, depose and state as follows:

1. I am a Special Agent of the Federal Bureau of Investigation ("FBI") assigned to

the Miami, Florida Field Division. I have been a Special Agent with the FBI for approximately

three years and have been assigned to the Miami Division for all three years, during which time I

have specialized in investigations involving counterterrorism, drug trafficking, and smuggling. I

have personally been involved in the investigation of Rafael Ramos and others for conspiracy to

interfere with interstate commerce under color of official right and wrongful use of fear of

economic harm.

2. This affidavit is provided for the limited purpose of establishing probable cause to

support the attached criminal complaint against Rafael Ramos. I have not included all details of

all aspects of this investigation, but rather have set forth only those facts that I believe are

necessary to establish probable cause. The information in this affidavit is based upon my

personal knowledge as well as information I have obtained from other law enforcement agents

and officers, including cooperating witnesses, consensually recorded conversations, and from a

review of documentary materials.

VIOLATIONS OF LAW

3. The facts and circumstances set forth below in this affidavit demonstrate that there is

probable cause to believe that Rafael Ramos De La Rosa (hereinafter referred to as "Ramos")

has committed the following offenses:

a. Conspiracy to and attempt to interfere with interstate and foreign commerce under

color of official right and by wrongful use of fear of economic harm, in violation of Title 18,

United States Code. Section 1951(a)


Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 5 of 11

b. Interstate and foreign travel and use of facilities, including e-mail, to promote,

manage and carry on the unlawful activity of extortion, in violation of Title 18, United States

Code. Section 1952.

FACTS AND CIRCUMSTANCES SUPPORTING PROBABLE CAUSE

4. Tomas Andres Vasquez Estrella (hereinafter referred to as "Vasquez") was the

previous owner of Venezuela based securities firm Uno Valores. In early December 2009,

Vasquez left Venezuela for the United Slates due to a relationship he had with Venezuelan

citizen, Eligio Cedeno. Cedeno had fled Venezuela because he had been put in jail by the

Chavez regime. He was subsequently released by a Venezuelan Judge. That Judge was then

jailed for releasing him. Cedeno is currently in the United States and applying for political

asylum in the United States.

5. From or about December 17, 2009 Vasquez learned Uno Valores was taken over by

the Comision Nacional De Valores (CNV). CNV is the Venezuelan securities commission.

Overseeing the receivership of Uno Valores for CNV was Tomas Sanchez Mejias (hereinafter

referred to as "Sanchez"). Sanchez then was responsible for the appointment of Ramos to

coordinate the receivership on his behalf.

6. On December 17, 2009 to approximately April 2010, Vasquez maintained consistent

contact with Ramos regarding Uno Valores. These conversations pertained to business-related

conversations.

7. In or about April 2010, Vasquez personally met with Ramos. Vasquez met Ramos at

the Ritz Carlton I lotel in Coconut Grove, Florida. Also present at the meeting was Vasquez's

uncle Rolando Araujo (hereinafter referred to as "Araujo"). Araujo is a Director of Uno


Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 6 of 11

Valores. At the end of the meeting, Ramos told Vasquez that he( Vasquez) needed to speak to

Araujo as he(Araujo) had something to tell him. Ramos left the meeting and Araujo told

Vasquez that he(Vasquez) needed to give Ramos and Sanchez two million dollars. After

Vasquez spoke with Araujo, the two million dollars was reduced to one and a half million

dollars. This money was for Sanchez and Ramos to write a good report on behalf of Uno

Valores. If Vasquez refused to pay, Sanchez would write a bad report on the company and it

would be subsequently liquidated and Vasquez's reputation would be ruined in Venezuela and he

could be charged criminally.

8. On May 24, 2010, Vasquez and Araujo again met Ramos to speak about Uno Valores.

This meeting took place at the Novecento Restaurant in Miami, Florida. The conversation was

about Uno Valores and its daily operations. At the end of the meeting, Ramos told Vasquez that

they needed to resolve what Vasquez had spoken to Araujo about, the $1,500,000.00 payment.

The payment discussions were left open.

9. During the course of investigation by the FBI, two (2) search warrants were issued by

the United States District Court in Miami. The first search warrant was issued by Magistrate

Judge Edwin G. Torres on September 9, 2010, authorizing the search of the Google e-mail

account ofadrianagrillet@gmail.com for the period December 1, 2009 until September 19, 2010.

The second search warrant was issued by Magistrate Judge Robert L. Dube on September 21,

2010, authorizing the search of the Google e-mail account rafahramos@gmai 1 .com for the period

December 1, 2009 until September 21, 2010. The results of those search warrants are referred to

in the below facts.

10. Recorded telephone and personal conversations referred to in this affidavit were in
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 7 of 11

Spanish and have been translated by a certified FBI translator.

11. On June 10. 2010, Vasquez received a telephone call from Ramos. Ramos requested

that Vasquez meet him at the Warwick Hotel in New York for breakfast. Vasquez flew from

Miami to New York to meet with Ramos for breakfast. At the end of the meeting. Ramos asked

Vasquez why he(Vasquez) had not paid the money to Sanchez and him(Ramos). Ramos advised

Vasquez that Sanchez was going to be good to him by writing a positive report for Uno Valores.

Ramos advised Vasquez that he had sent Araujo the instructions on how to send the money.

12. On August 1, 2010, Araujo spoke telephonically with Vasquez and said that he needed

to send a $50,000 check to Adriana Grillet. Araujo provided a telephone number to call once

the check was drawn so that someone could come pick it up. After the $50,000 check was drawn

then the remainder of the one and a half million was still to be sent.

13. On August 2, 2010, Vasquez spoke telephonically with Araujo. Araujo advised that

he needed to send the money. Vasquez was also contacted by Ramos who stated that he needed

the check as well as the remainder of the money sent to him. Ramos provided Vasquez bank

account information as to where the money should be sent.

14. On August 2, 2010, RAMOS sent an email to ARAUJO directing ARAUJO to have

VASQUEZ deposit funds into the account of Bank of America, Jodshad Jewels Investments

LLC, 3440 Hollywood Blvd, Suite 415, Hollywood. FL 33021, Account number: 229028072396,

ABA number: 026009593.

15. On April 14, 2010. menujinshadah@vahoo.es sent RAMOS an E-mail with the

following information: BANK OF AMERICA; ABA: 026009593; ACC: 229028072396;

BENEF: JODSHAD JEWELS INVESTMENTS LLC; ADDRESS: 3440 HOLLYWOOD BLVD


Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 8 of 11

SUITE 415, HOLLYWOOD, FL 33021. Captioned E-mail was discovered pursuant to a search

warrant issued by the Southern District of Florida on September 21, 2010, for Ramos' e-mail

account rafahramos@gmail.com.

16. A search of Florida Department of State, Division of Corporations reveals Jodshad

Jewels Investments LLC to be a registered limited liability corporation in the State of Florida.

Jodshad Investments LLC is registered with the following: Address: 3440 Hollywood Blvd,

fourth floor, Suite 415, Hollywood, Fl 33021; Registered Agents: Menujin Shadah and Herman

Shadah.

17. On April 28, 2010, RAMOS sent an e-mail to menujinshadah@vahoo.es requesting

him to make two transfers equaling $150,000.00 into the bank accounts owned by RAMOS.

18. On April 28, 2010, RAMOS sent a second e-mail to menuiinshadah@ vahoo.es

requesting him to make one transfer of $150,000.00 into one bank account owned by RAMOS.

RAMOS also advised in the e-mail that he would notify menuiinshadah@vahoo.es when

he(RAMOS) was ready for the final $70,000.00 transfer.

19. On or about May 03, 2010, Ramos sent an e-mail to menujinshadah@vahoo.es,

requesting him to make one transfer in the amount of $150,000.00 to an account in the Cayman

Islands. Ramos advised menuiinshadah@vahoo.es that he would let him know when he was

ready for the final 70,000.

20. On May 04, 2010, Ramos sent an e-mail to menuiinshadah@vahoo.es. requesting (1)

$100,000.00 transfer into an account in Ramos' name in the Cayman Islands; (2) $70,000.00

transfer into an account in the name of Juna Carlos Gonzalez Gonzalez in Panama (3) $60,000.00

in cash in Caracas and (4) Ramos stated that the difference of $400,000.00 is $20,000.00, of
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 9 of 11

which $10,000.00 is for menuiinshadah@vahoo.es. Ramos then advised that the rest

($10,000.00) can be used for expenses.

21. On April 14, 2010, menuiinshadah@ vahoo.es sent RAMOS an E-mail with the

following information: BANK OF AMERICA: ABA: 026009593; ACC: 229028072396;

BENEF: JODSHAD JEWELS INVESTMENTS LLC; ADDRESS: 3440 HOLLYWOOD BLVD

SUITE 415, HOLLYWOOD, FL 33021. Captioned E-mail was discovered pursuant to a search

warrant issued by the Southern District of Florida on September 30, 2010, for Ramos' e-mail

account rafahramos@gmail.com.

22. On August 03, 2010, at approximately 2:58 P.M., Araujo sent Vasquez an e-mail with

the following information: "Bank of America ABA:026009593 Acc:229O28072396 Benef:

Jadshad Jewels Investments, LLC, Address: 3440 Hollywood Blvd. Suite 415, Hollywood, FL

33021".

23. On August 04, 2010, Vasquez sent Ramos the following text message at

approximately 3:02 P.M.: "Hello Rafael, I'll be calling you. I'm wailing for the check to give it to

you". Ramos responded to Vasquez at approximately 3:05 P.M., via text message, and stated:

"Please, when you have it, call Adriana Grillet directly (305/613-7076) and set something up

with her. Let me know." At approximately 3:10 P.M., Araujo sent Vasquez a text message

stating: "I've just been called again by Mrs. Grillet who does not understand the delay. That she's

been waiting for this since yesterday at 10 AM." At approximately 5:35 P.M., Ramos sent

Vasquez a text message stating: "What's wrong? Something so easy and you don't do it? If

you're not going to do it, just tell me." Vasquez responded to Ramos at approximately 8:41 P.M.,

via text message, stating: "Rafael, I'm going to do it but they notified me yesterday and 1 asked
i Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 10 of 11

someone to do me the favor. 1 can't do it on my end. They're going to give it to me and I'll call

the lady. I committed myself to that."

24. On August 05, 2010, at approximately 12:24 P.M., Vasquez sent Ramos the following

text message: "Dr Ramos, I'll call you tomorrow in the morning. I'm with my family and I left

my agenda in the house. There are several points that have to be reviewed. Please forgive me.

Tomorrow I'll call you and we'll settle things. I'm a little far from home." Vasquez sent another

text message to Ramos at approximately 12:25 P.M. stating: "Doctor Ramos, We can talk this

evening to fix what's pending." Ramos responded to Vasquez at approximately 12:47 P.M.

stating: "Time's up. If Adriana does not receive what was agreed upon by TODAY and,

moreover, you make the transfer to where Rolando (Araujo) knows, there will be NO further

conversations. Don't send messages." Vasquez responded to Ramos at approximately 2:02 P.M.

stating: "Please, if you can, have the American telephone, here where I'm at I can't talk, there's at

lot of people. I'll call you tomorrow at this."

25. On August 9, 2010, Vasquez and Ramos spoke via cellular phone. The conversation

was recorded. Vasquez apologized to Ramos for not having paid him and asked Ramos to come

to the United States for the coming weekend. Ramos told Vasquez he would attempt to travel to

the U.S. the coming Saturday. Ramos again expressed the need for Vasquez to pay Grillet.

Ramos told Vasquez that he (Ramos) would not speak with Vasquez again until Vasquez pays

Grillet..

26. On August 10, 2010 Grillet sent Ramos an e-mail, via adrianaGrillet@gmail.com.

The e-mail account for Grillet was searched pursuant to a search warrant signed and issued in the

Southern District of Florida on September 09, 2010. Grillet sent an e-mail to


, .
Case 1:10-mj-03468-AMS Document 1 Entered on FLSD Docket 10/26/2010 Page 11 of 11

i rafahRamos@gmail.com stating that she has purchased a Land Rover, but is facing penalties for

not paying the full amount of the vehicle. She offered Ramos two options which include 1) he

does not get paid and she cancels the vehicle purchase or 2) Ramos believes he will be paid and

she asks for an extension on final payment. Ramos responds to Grillet, via e-mail, stating he has

talked to "Tomas V" and that he (Tomas V) wants to speak with Ramos in person. Ramos

advised Grillet to call him (Vasquez) and supplies her with Vasquez's cellular phone number.

Ramos advises Grillet to tell Vasquez that if he does not pay by tomorrow, he (Vasquez) can

forget about Ramos traveling to see him. Ramos further advised Grillet not to give him any

options. Ramos then advised Grillet that if Vasquez does not resolve things by tomorrow, she

should pay the penalty regarding the Land Rover. Ramos further stated that more opportunities

will continue to exist in the future and that Vasquez will have to pay sooner or later.

27. On August 11, 2010, Vasquez met with his uncle, Araujo, at the Starbucks Cafe in

Sunny Isles, Florida to discuss the extortion of Vasquez by Venezuelans Ramos and Sanchez.

Araujo had been in contact with Ramos recently. Araujo told Vasquez that Ramos wanted

Vasquez to pay Adriana Grillet $50,000.00. Araujo explained the $50,000.00 was a good faith

payment towards Ramos. Araujo also explained that Grillet would accept part of the

$1,500,000.00 payment for Ramos. Vasquez told Araujo he did not know about the $50,000.00

good faith payment, but would think about it. Araujo urged Vasquez to contact Grillet

telephonically to discuss the issue. Araujo additionally warned Grillet has access to many

members of the Miami, Florida media and would drag Vasquez' name through the mud. Araujo

advised that Ramos told him this information.