Complaint Affidavit

I, Kevin C. Hersey, a Special Agent with the Drug Enforcement Administration being duly sworn, state: 1. As a result of being a Special Agent, I am an investigative or law enforcement officer of the United States within the meaning of Section 2510(7) of Title 18 of the United States Code, in that I am empowered by law to conduct investigations of, and to make arrests for, offenses enumerated in Title 18, United States Code, Section 2516. 2. I am a Special Agent with the United States Department of Justice, Drug Enforcement Administration (DEA). I have served in this capacity for over 20 years and have been assigned to the New England Field Division for the past 12 years. Prior to my current assignment, I was assigned to the New York Field Division. My primary duties as a DEA Special Agent include the investigation of organized narcotics traffickers. I have received training in the field of narcotics enforcement and investigations including, but not limited to, training regarding the identification of common street drugs such as cocaine and heroin. During my tenure as a DEA Special Agent, I have worked on hundreds of drug investigations. Many of these investigations involved the organized domestic and

international importation and distribution of kilogram quantities of cocaine and heroin. I have participated in approximately 10 investigations that involved the use of court-ordered eavesdropping, including being the Affiant for a large scale investigation that occurred in 2008. Through my training, education, and experience, I have also become familiar with the manner in which illegal drugs are transported, stored, and distributed, and with the methods of payment for such drugs. 1

3.

I have written and/or participated in the execution of numerous search warrants resulting in the seizures of large quantities of controlled substances; packing implements and other paraphernalia involved in the manufacture and distribution of controlled substances; large amounts of United States currency, ledger books, bank records, telephone books, receipts, drug customer lists and other documents relating to the manufacturing, transportation, ordering, purchasing and distribution of controlled substances. I have participated in the debriefing of dozens of defendants, informants and witnesses who had personal knowledge regarding large-scale narcotics trafficking organizations. I have participated in all aspects of drug investigations including conducting surveillance, executing searches pursuant to court-ordered search warrants and executing arrests. As a result of my assignments, I have received extensive specialized training in the field of narcotics identification, investigation and enforcement.

4.

Based upon my training and experience, I am familiar with the methods of operation employed by narcotics traffickers operating at the local, statewide, national and international levels, including those involving the distribution, storage and transportation of narcotics and the collection of monies that constitute the proceeds of narcotics trafficking activities. I am aware that drug traffickers commonly use cellular telephones in furtherance of their drug trafficking activities and frequently change cellular telephone numbers and cellular telephones in an effort to thwart law enforcement’s use of electronic surveillance. I am also aware that narcotics traffickers speak in vague, guarded or coded language when discussing their illegal activities, and employ a variety of counter-surveillance techniques in order to detect if their vehicles are being followed by members of law enforcement.

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5.

My extensive narcotics training has familiarized me with the general characteristics of cocaine and heroin distribution “cells.” A distribution cell consists of 2 or more individuals who work in concert for the sole purpose of the distribution of large amounts of narcotics. Distribution cells are highly organized and disciplined, with a clear chain of command and control. Distribution cells consist of workers, supervisors, and managers. They are

extremely surveillance conscious and have a good understanding of methods used by law enforcement agencies to investigate their activities. It has been my experience that distribution cells are often also instructed in how to best thwart law enforcement efforts to obtain Title III interceptions by limiting the use of cell-phones to 2 to 3 months, using pre-paid non-registered cell phones which they exchange or pool within the group, or cellular phones registered to an alias or business. Distribution cell groups also employ aggressive counter surveillance tactics. Distribution cell groups are often supplied on a consignment basis by larger importation groups, with a strict timetable for payment. Distribution cell groups often network with other distribution cells in order to maintain a constant supply of the distributed drug. Distribution cell groups often maintain locations other than their primary residences to be used as secure points of distribution or storage of money and/or drugs. 6. I have personally participated in the investigation of the subjects named in this Affidavit since December, 2009. I am familiar with the facts and circumstances of this investigation from oral and written reports made to me by other Agents of the DEA, other federal, state and local law enforcement agencies and a review of summaries of wiretap interceptions and the underlying recordings.

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7.

Based on my training and experience, I am aware that it is a violation of Title 21, United States Code, Section 846 for individuals to conspire to distribute and to distribute heroin. I submit this affidavit in support of an application for a criminal complaint charging that from on or about June, 2010, until on or about November, 2010, the following defendants, 1) Tiffany Marie ANDRADE; 2) Claudio ARAUJO a/k/a “Lenny” a/k/a UM9889; 3) Alessio BARBOSA a/k/a “Alexio”, a/k/a “Alex”, a/k/a “A” a/k/a “Ace”; 4) Dany L. BRANDAO a/k/a UM6122; 5) Nicholas DEANGELIS a/k/a UM1027; 6) Emanuel DOCANTO a/k/a “Mandog” a/k/a UM4026; 7) Miguel A. FERNANDES a/k/a “Miguel”; 8) Ismael FIGUEROA; 9) Ivan FONSECA a/k/a UM3507; 10) Iury Jandir GOMES a/k/a “Utes”; 11) Alector GONCALVES a/k/a “JG”; 12) Tamara HOLLIS; 13) Carey MONTEIRO a/k/a UF6102 a/k/a UF1163; 14) Elsio MONTEIRO a/k/a UM3005; 15) Robert PARSONS a/k/a UM8385; 16) Emanuel RIBEIRO a/k/a UM9458; 17) Jose G. ROSA a/k/a “Jose” a/k/a “J” a/k/a “Big Poppa”; 18) Virgilio ROSA a/k/a “Turbo”; 19) Nine SILVEIRA; 20) Gregory STUBBS; 21) Timothy T. TAMULEVICH, a/k/a “Tiny”; 22) Justin A TEIXEIRA a/k/a “Becky”; 23) Carla VICENTE a/k/a UF2296; and 24), Catherine WATTS a/k/a “Kate”, did conspire to possess with intent to distribute and to distribute, in excess of one kilogram of heroin, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(A).

8.

Since this Affidavit is being submitted for the limited purpose of establishing probable cause, I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish the necessary foundation the pending charges. OVERVIEW OF INVESTIGATION 4

9.

This affidavit is based on an investigation which originated in approximately December, 2009. This investigation has used information from numerous confidential sources, physical surveillance, and court-authorized interception of wire communications. On May 26, 2010, July 1, 2010, August 4, 2010, September 7, 2010, October 7, 2010, and November 1, 2010, the Honorable Richard G. Stearns, United States District Judge, in the District of Massachusetts, authorized the interception of various telephones being used by members of the targeted narcotics trafficking organization. In total, ten (10) telephones were intercepted, including cellular telephones of Jose ROSA (target telephone # 1), Carey MONTEIRO (target telephone # 3), Dany BRANDAO (target telephone # 5), Iury GOMES (target telephone # 8), Miguel FERNANDES (target telephone # 6), Justin TEIXEIRA (target telephone # 9), and Carla VICENTE (target telephone # 10).

10.

During the course of the investigation, information was gathered which indicated that the charged defendants were members of a large heroin distribution organization, which was distributing significant quantities of heroin in and around Brockton, Massachusetts. The investigation revealed that Miguel FERNANDES, Jose ROSA, Iury GOMES, and Justin TEIXEIRA were each large scale heroin distributors, who had numerous heroin sources of supply, criminal associates, and heroin customers. For purposes of organization in this criminal complaint affidavit, I have divided the facts into four sections, the first relates to Miguel FERNANDES and his criminal associates, the second relates to Jose ROSA and his criminal associates, the third relates to Iury GOMES and his criminal associates, and the fourth section relates to Justin TEIXEIRA and his criminal associates. As evidenced throughout this Affidavit, there is significant overlap of defendants and criminal activity between the four sections, which is why this matter is being charged as a single conspiracy. 5

11.

During the course of the investigation, significant information was gathered regarding the criminal activities of Miguel FERNANDES and his criminal associates. On September 7, 2010, October 7, 2010, and November 1, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 6, used by Miguel FERNANDES. Previous to those interceptions, Miguel FERNANDES was also intercepted on target telephone # 1, used by Jose ROSA. Between June, 2010 and November, 2010, ROSA used target telephone # 1 to receive and distribute large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the interceptions in this investigation, we learned that FERNANDES is a large scale heroin distributor, who receives larger quantities of heroin for distribution from Carla VICENTE; that FERNANDES has a criminal associate named Emanuel DOCANTO, who facilitates the receipt and distribution of heroin; a criminal associate named Tamara HOLLIS, who is associated with FERNANDES and who delivered six fingers of heroin to Virgilio ROSA on behalf of FERNANDES on October 28, 2010; that FERNANDES has a criminal associate named Magnuson MARTINS, who stores heroin and narcotics proceeds for FERNANDES; and that FERNANDES has numerous larger scale heroin customers, including Alessio BARBOSA, Nicholas DEANGELIS, Iury GOMES, Alector GONCALVES, Virgilio ROSA, and Jose ROSA. During the course of this investigation heroin was seized directly from FERNANDES on October 7, 2010; from FERNANDES’s heroin customer, Nicholas DEANGELIS, on September 29, 2010; and from FERNANDES’ heroin customer, Virgilio ROSA, on October 28, 2010.

12.

During the course of the investigation, significant information was also gathered regarding the criminal activities of Jose ROSA and his associates. On May 26, 2010, July 1, 2010, August 4, 2010, September 7, 2010 and November 1, 2010, 2010, the Honorable Richard G. 6

Stearns, United States District Judge, in the District of Massachusetts, authorized the interception of telephone number (774) 259-9786 – target telephone # 1, used by ROSA. ROSA was also intercepted on target telephone # 3, used by MONTEIRO, target telephone # 5, used by BRANDAO, target telephone # 6, used by FERNANDES, target telephone # 8, used by GOMES, and target telephone # 9, used by TEIXEIRA. Between June, 2010 and November, 2010, ROSA used target telephone # 1 to receive and distribute large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the

interceptions, we learned that ROSA had numerous heroin sources of supply, including Miguel FERNANDES, Ismael FIGUEROA, Carey MONTEIRO, Virgilio ROSA, Justin TEIXEIRA, and Catherine WATTS. The interceptions further revealed that ROSA had several criminal associates who packaged and distributed heroin on behalf of ROSA and independently, including Tiffany Marie ANDRADE, Claudio ARAUJO, Alessio BARBOSA, Dany BRANDAO, Alector GONCALVES, Nine SILVEIRA, and Gregory STUBBS. Interceptions also revealed that ROSA had heroin customers, who received quantities of heroin which indicated that said persons were redistributing the heroin to additional unknown persons, including Robert PARSONS, and Tim TAMULEVICH. During the course of this investigation heroin was seized from Tim TAMULEVICH, who is a heroin customer of ROSA and who had just received heroin from ROSA. 13. During the course of the investigation, significant information was gathered regarding the criminal activities of Iury GOMES and his criminal associates. On August 4, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 8, used by Iury GOMES. GOMES was also intercepted on target telephone # 1, used by Jose ROSA and target telephone # 6, used by FERNANDES. 7 Between June, 2010 and November,

2010, GOMES received and distributed large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the interceptions in this investigation, we learned that GOMES is a large scale heroin distributor, who receives large quantities of heroin for distribution from FERNANDES and ROSA; that GOMES has had several criminal associates named Ivan FONSECA, Elsio MONTEIRO, and Emanuel RIBEIRO, who receive, process, and distribute heroin on behalf of GOMES; and that GOMES has heroin customers, including Claudio ARAUJO. During the course of this investigation, heroin was seized from Ivan FONSECA, a criminal associate of GOMES, on August 10, 2010. 14. During the course of the investigation, significant information was gathered regarding the criminal activities of Justin TEIXEIRA and his criminal associates. On October 7, 2010 and November 1, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 9, used by TEIXEIRA. Previous to those interceptions, TEIXEIRA was also intercepted on target telephone # 1, used by Jose ROSA. Between June, 2010 and

November, 2010, TEIXEIRA used target telephone # 9 to receive and distribute large quantities of heroin. During the course of the interceptions in this investigation, we learned that TEIXEIRA is a large scale heroin distributor, who receives large quantities of heroin for distribution from UM3839 a/k/a UM0708; that TEIXEIRA is a heroin source of supply for ROSA and GOMES; that TEIXEIRA has a criminal associate who is not the subject of this Complaint; and that TEIXEIRA has several heroin customers, including Nine SILVEIRA and Iury GOMES. During the course of this investigation, approximately fifteen fingers or 150 grams of heroin was seized directly from TEIXEIRA on November 2, 2010.

CRIMINAL INVESTIGATION AND EVIDENCE 8

AGAINST CHARGED DEFENDANTS 15. The following transactions are examples of intercepted conversations, which I believe involve the distribution of varied quantities of heroin. This section is divided by defendants, as possible. However, the defendants and their transactions intercepted in this matter are integrally intertwined, and as such, some sections will merely be a reference back to prior paragraphs, which illustrate the defendants criminal participation in the charged conspiracy. I. 16. MIGUEL FERNANDES AND HIS CRIMINAL ASSOCIATES During the course of the investigation, significant information was gathered regarding the criminal activities of Miguel FERNANDES and his criminal associates. On September 7, 2010, October 7, 2010, and November 1, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 6, used by Miguel FERNANDES. Previous to those interceptions, Miguel FERNANDES was also intercepted on target telephone # 1, used by Jose ROSA. Between June, 2010 and November, 2010, FERNANDES used target

telephone # 6 to receive and distribute large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the interceptions in this investigation, we learned that FERNANDES is a large scale heroin distributor, who receives larger quantities of heroin for distribution from Carla VICENTE; that FERNANDES has a criminal associate named Emanuel DOCANTO, who facilitates the receipt and distribution of heroin; a criminal associate named Tamara HOLLIS, who is associated with FERNANDES and who delivered six fingers of heroin to Virgilio ROSA on behalf of FERNANDES on October 28, 2010; that FERNANDES has a criminal associate named Magnuson MARTINS, who stores heroin and narcotics proceeds for FERNANDES; and that FERNANDES has numerous larger scale heroin customers, including Alessio BARBOSA, Nicholas DEANGELIS, Iury GOMES, 9

Alector GONCALVES, Virgilio ROSA, and Jose ROSA. During the course of this investigation heroin was seized directly from FERNANDES on October 7, 2010; from FERNANDES’s heroin customer, Nicholas DEANGELIS, on September 29, 2010; and from FERNANDES’ heroin customer, Virgilio ROSA, on October 28, 2010. The following are examples of conversations that have been intercepted, during the course of this investigation, that focus on the above-named criminal defendants. A. 17. October 7, 2010, Seizure of Heroin from FERNANDES On October 7, 2010, a car stop was conducted on a vehicle in which FERNANDES was a passenger and DOCANTO was the driver of the vehicle. Ultimately, FERNANDES was found to be in possession of approximately 40 grams of heroin. The following interceptions led to the car stop and seizure. 18. On October 7, 2010, at approximately 7:19 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to Alessio BARBOSA, a heroin customer of FERNANDES. BARBOSA asked FERNANDES if he had any “work” and FERNANDES said yes. BARBOSA asked the “price”. FERNANDES stated that he had “6" and that the “price” was the “same as the other.” I believe that “work” was code for heroin; that FERNANDES indicated that he had “6" fingers of heroin available for distribution; and that the price was the same price that BARBOSA paid the last time he received heroin from FERNANDES. At approximately 7:24 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. BARBOSA stated that he “needs three.” FERNANDES stated that he would be there in 15 minutes. I believe that FERNANDES was going to deliver “three” fingers of heroin to BARBOSA. 10

19.

On October 7, 2010, at approximately 7:34 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 562-8091. FERNANDES spoke to

GONCALVES. FERNANDES told GONCALVES that he would be there in two minutes. At approximately 7:46 p.m., FERNANDES told GONCALVES to come downstairs. At approximately 7:47 p.m., GONCALVES told FERNANDES that his “girlfriend is going downstairs and she will bring 650.” FERNANDES told GONCALVES that he will give him “one more and he can pay for that tomorrow.” I believe that GONCALVES sent his girlfriend to meet with FERNANDES; that the girlfriend was delivering $650, which was payment for a finger or 10 grams of heroin; and that FERNANDES was going to give GONCALVES “one more” or an additional finger of heroin which GONCALVES could pay for the following day. 20. On October 7, 2010, at approximately 7:54 p.m., surveillance observed a silver Nissan Maxima bearing Massachusetts registration number 1978MD in the driveway of 16 Forest Avenue in Brockton, Massachusetts, the believed residence of GONCALVES. An

unidentified Cape Verdean woman exited the residence, walked to the passenger side window. The woman then returned to 16 Forest Avenue and the Maxima departed the area. I believe that DOCANTO and FERNANDES were in the Nissan Maxima; that DOCANTO and FERNANDES delivered two fingers of heroin to the woman for GONCALVES; that DOCANTO and FERNANDES received $650 cash, which was payment for one of the fingers of heroin, from GONCALVES girlfriend; and that the woman and the heroin went into 16 Forest Avenue. 21. On October 7, 2010, at approximately 8:07 p.m., a car stop was conducted on a gray Nissan Maxima with Massachusetts registration number 1978MD. DOCANTO, a criminal associate 11

of FERNANDES, was determined to be the driver of the vehicle and Miguel FERNANDES was determined to be the passenger of the vehicle. FERNANDES was placed under arrest for the possession of marijuana packaged for distribution. Subsequently, FERNANDES was determined to be in possession of approximately 40 grams of heroin, which was initially concealed in FERNANDES’ pants. B. 22. FERNANDES’ Heroin Source of Supply – Carla VICENTE During the course of this investigation, numerous conversations were intercepted on target telephone # 1, used by ROSA, target telephone # 6, used by FERNANDES, and target telephone # 10, used by VICENTE, which indicated that Carla VICENTE was a heroin source of supply for FERNANDES and that VICENTE had a criminal associate Tamara HOLLIS, who participated in the distribution of heroin. Three transactions are detailed below, during which VICENTE and/or HOLLIS delivered varied quantities of heroin to FERNANDES. I. September 21, 2010, FERNANDES and DOCANTO Received At Least 22 Fingers of Heroin from Carla VICENTE and Distributed Fingers of Heroin to ROSA, GOMES, and BARBOSA On September 20, 2010 and September 21, 2010, a series of conversations occurred on target telephone # 1, used by ROSA and target telephone # 6, used by FERNANDES, which indicated that FERNANDES, who was transported by his criminal associate DOCANTO, received approximately 22 fingers or 220 grams of heroin from VICENTE; that FERNANDES distributed a portion of said heroin to Jose ROSA, Iury GOMES, and Alessio BARBOSA, specifically, “100" grams of heroin to GOMES, “one” finger or ten grams of heroin to BARBOSA, and between ten and fifteen fingers or 100 to 150 grams of heroin to ROSA; and that DOCANTO and FERNANDES delivered money to VICENTE, which was 12

23.

payment for the heroin received. The following conversations are summaries of translations of conversations that were intercepted regarding the above mentioned heroin transaction. 24. On September 20, 2010, at approximately 5:00 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 776-5141. FERNANDES spoke to GOMES. GOMES told FERNANDES that he wanted “100" and asked “do you think you can get it today.” FERNANDES stated that he was suppose to and that he would call GOMES “as soon as I put my hands on it.” I believe that GOMES wanted 100 grams of heroin and that FERNANDES was in the process of getting the heroin. 25. On September 21, 2010, at approximately 8:58 a.m., an incoming call was received on target telephone # 6 from telephone number (774) 776-5141. FERNANDES spoke to GOMES. GOMES asked nothing yet and FERNANDES responded “I didn’t get it yet.” FERNANDES asked GOMES if he still wanted the same amount and GOMES affirmed. I believe that GOMES was waiting for 100 grams of heroin and that FERNANDES had not yet received the heroin from his source of supply. 26. On September 21, 2010, at approximately 1:30 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. VICENTE told FERNANDES that she was waiting for the “dude to call her back.” I believe that VICENTE is FERNANDES’ heroin source of supply; that FERNANDES was checking with VICENTE on the status of the heroin; and that VICENTE was waiting for her heroin source of supply to call her back. 27. On September 21, 2010, at approximately 3:36 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. FERNANDES told BARBOSA that he had not gotten “anything yet”. BARBOSA told 13

FERNANDES to “save one for him.” I believe that FERNANDES had not yet received the heroin and that BARBOSA wanted one finger of heroin from FERNANDES, when he received the heroin, for distribution. 28. On September 21, 2010, at approximately 4:24 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. FERNANDES told DOCANTO that there was nothing left. FERNANDES told DOCANTO that “they have to go pick up the other because there is nothing.” I believe that DOCANTO is a criminal associate of FERNANDES, who distributes heroin and transports FERNANDES to receive heroin; and that DOCANTO was picking up FERNANDES to go receive a larger quantity of heroin. 29. On September 21, 2010, at approximately 5:05 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. VICENTE asked FERNANDES whether he was at the “house from that day” and FERNANDES affirmed. VICENTE stated that she would be there in two minutes. I believe that FERNANDES and DOCANTO were meeting with VICENTE and possibly VICENTE’s source of supply to receive a quantity of heroin. 30. On September 21, 2010, at approximately 5:18 p.m., an outgoing call was placed on target telephone # 6 to target telephone # 1. FERNANDES spoke to ROSA. FERNANDES told ROSA that he had picked up the “stuff” but that the “guy” did not have the quantity, he “has 22". FERNANDES told ROSA that he had “5 to 7" with him and that he will be there in a few. I believe that FERNANDES met with VICENTE and a heroin source of supply; that FERNANDES received at least “22" fingers of heroin or approximately 220 grams of heroin; and that FERNANDES was en route to deliver 5 to 7 fingers or 50 to 70 grams of heroin to 14

ROSA. 31. On September 21, 2010, at approximately 5:20 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 776-5141. FERNANDES spoke to GOMES. FERNANDES asked GOMES if he was ready and told GOMES to meet him at Elm Avenue off Belmont Street. I believe that FERNANDES wanted to meet with GOMES to deliver 10 fingers or 100 grams of heroin for distribution. 32. On September 21, 2010, at approximately 5:48 p.m., surveillance observed Nissan Maxima bearing Massachusetts registration 1978MD arrive in the vicinity of 62 Elm Avenue. FERNANDES and DOCANTO were observed exiting the vehicle and entering 62 Elm Avenue. I believe that FERNANDES and DOCANTO had received heroin from VICENTE and were taking the heroin to 62 Elm Avenue for distribution. 33. On September 21, 2010, at approximately 6:05 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 776-5141. FERNANDES spoke to GOMES. GOMES told FERNANDES that he would be there in ten minutes. I believe that GOMES was going to meet FERNANDES at Elm Avenue in approximately 10 minutes, to receive approximately 10 fingers or 100 grams of heroin. 34. On September 21, 2010, at approximately 6:15 p.m., surveillance observed a Nissan Altima bearing Massachusetts registration 5AG560, with two dark skinned males, travel from 267 Green Street, the believed residence of GOMES, to the vicinity of 62 Elm Avenue. Surveillance observed a dark skinned male, consistent with DOCANTO, exit 62 Elm Avenue and approach the driver’s side of the Nissan Altima. DOCANTO and the males appeared to conduct a transaction on the driver’s side of the vehicle. DOCANTO then re-entered 62 Elm Avenue. The Nissan Altima departed the area and was surveiled traveling to 55 15

Highland Terrace. The two males exited the vehicle and entered 55 Highland Terrace, which is a believed residence of RIBEIRO, a criminal associate of GOMES, and a stash location used by GOMES. 35. On September 21, 2010, at approximately 6:15 p.m., an incoming call was received on target telephone # 6 from target telephone # 1. FERNANDES spoke to ROSA. ROSA told FERNANDES to bring “10" and he will get “five more later.” I believe that ROSA had arrived at 62 Elm Avenue and was instructing FERNANDES that he wanted ten fingers of heroin then and would get the additional five fingers of heroin later. 36. On September 21, 2010, shortly after 6:15 p.m., surveillance observed a black BMW X5 bearing Massachusetts registration 593CB2, which is a vehicle known to be used by ROSA, arrive on Elm Avenue and park in front of 62 Elm Avenue. Surveillance then departed the area, as detailed above, to follow the GOMES vehicle. I believe that ROSA was at 62 Elm Avenue to pick up 10 fingers or 100 grams of heroin. 37. On September 21, 2010, at approximately 8:01 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. FERNANDES told BARBOSA that he will be there right now. BARBOSA told

FERNANDES to come to the back door. I believe that FERNANDES was delivering one finger or ten grams of heroin to BARBOSA for distribution. 38. On September 21, 2010, at approximately 8:52 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. BARBOSA told FERNANDES that the “thing is good, really good.” BARBOSA explained that “its hard” and “he sold it all.” BARBOSA told FERNANDES that if he brought more BARBOSA would buy it. I believe that BARBOSA prepared and distributed the heroin that 16

he had received from FERNANDES; that the quality of the heroin from FERNANDES was very good; and that BARBOSA wanted more heroin from FERNANDES. 39. On September 23, 2010, at approximately 5:12 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. FERNANDES asked for the total and VICENTE said “16710.” FERNANDES then said “the total is 22.” I believe that FERNANDES had given VICENTE a quantity of money for the 22 fingers of heroin that he had received on September 21, 2010, possibly $16,710, which included partial payment for a previous quantity of heroin. ii. September 24, 2010, VICENTE Received Fifty Fingers of Heroin and Distributed Heroin to FERNANDES and DOCANTO On September 24, 2010, a series of conversations occurred on target telephone # 6, used by FERNANDES, which indicated that VICENTE received “50" fingers of heroin from her source of supply and that FERNANDES, who was transported by his criminal associate DOCANTO, received a portion of heroin for future distribution. The following

40.

conversations are summaries of translations of conversations that were intercepted regarding the above mentioned heroin transaction. 41. On September 24, 2010, at approximately 4:30 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. FERNANDES asked VICENTE if she was good and VICENTE stated “not yet”. I believe that FERNANDES needed more heroin and that VICENTE was indicating that the heroin had not yet arrived. 42. On September 24, 2010, at approximately 9:02 p.m., an incoming call was received on target 17

telephone # 6 from telephone number (508) 685-6046. FERNANDES spoke to UF6046, believed to be Tamara HOLLIS. HOLLIS told FERNANDES to meet them. At

approximately 9:17 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-2296. FERNANDES spoke to VICENTE. VICENTE asked FERNANDES if he was on his way and FERNANDES stated that “mandog” didn’t answer his telephone yet. At approximately 9:17 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. FERNANDES asked DOCANTO to come over and get him and bring him to go “pick up the stuff from Carla.” DOCANTO agreed. At approximately 9:19 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. FERNANDES asked VICENTE where she was and VICENTE stated “at the house I brought you to that day.” FERNANDES stated that he would be there in five minutes. I believe that VICENTE and HOLLIS had received a supply of heroin and that DOCANTO was driving FERNANDES to pick up the heroin from VICENTE. 43. On September 24, 2010, at approximately 9:23 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-2296 – target telephone # 10. FERNANDES spoke to VICENTE. VICENTE asked FERNANDES if he wanted to pick “it up tomorrow” and FERNANDES stated that he would get it now. VICENTE told FERNANDES to bring the red bag. FERNANDES asked VICENTE how much and VICENTE explained “the dude came he didn’t bring all of it he will bring more tomorrow.” FERNANDES asked how much and VICENTE said “50". FERNANDES said “half of what you said.” FERNANDES stated “I’m going to pick it up now.” I believe that VICENTE had 18

met with her source of supply; that VICENTE had received “50" fingers of heroin from her source of supply; that the 50 fingers of heroin was half the heroin that she and FERNANDES had expected; and that FERNANDES was going to pick up the 50 fingers or a portion thereof, of heroin from VICENTE. iii. October 27, 2010, FERNANDES Received Heroin from VICENTE and FERNANDES and DOCANTO Distributed Heroin to GONCALVES, and GOMES, and on October 28, 2010, HOLLIS Delivered Six Fingers of Heroin to Virgilio ROSA, Which Was Seized On October 27, 2010, at approximately 11:05 a.m., an incoming call was received on target telephone # 6 from telephone number (508) 847-8622. FERNANDES spoke to UF8622, known as VICENTE’s sister. VICENTE, who was with FERNANDES, spoke to UF8622. UF8622 told VICENTE “it’s on its way.” At approximately 3:02 p.m., an outgoing call was placed on target telephone # 10, used by VICENTE, to telephone number (508) 847-8622. VICENTE spoke to UF8622, VICENTE’s sister. VICENTE’s sister asked VICENTE for her favorite number and VICENTE’s sister said “five, four”. VICENTE agreed. At approximately 4:16 p.m., VICENTE asked her sister “what number did you tell me” and VICENTE’s sister answered “5,5". I believe that VICENTE was going to receive a shipment of heroin; that UF8622 was explaining that the heroin was “on it’s way” and that the heroin was going to cost VICENTE “5,5" or $550 a finger. 45. On October 27, 2010, FERNANDES had a series of calls indicating that he was waiting for what I believe to be the heroin. At approximately 11:48 a.m., FERNANDES told Virgilio ROSA “I should be clear in less than an hour.” Virgilio ROSA said “don’t forget about me”. FERNANDES asked Virgilio ROSA “you want the same or less.” Virgilio ROSA said “same, maybe add another one”. At approximately 12:37 p.m., FERNANDES told GONCALVES “that thing is just about to get here, another half hour.” At approximately 19

44.

3:19 p.m., FERNANDES told GOMES “I’m getting some stuff, do you want some work”. GOMES told FERNANDES let me call you back after I count the money, “get me 10". I believe that Virgilio ROSA wanted “six” fingers of heroin; that GONCALVES wanted “three” fingers of heroin; and that GOMES wanted ten fingers of heroin, from the heroin that FERNANDES was about to receive from VICENTE. 46. On October 27, 2010, at approximately 3:52 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 562-8091. FERNANDES spoke to GONCALVES. FERNANDES told GONCALVES that “the stuff is ready”. GONCALVES and

FERNANDES agree to meet at the garage. FERNANDES asked GONCALVES how many and GONCALVES stated “2". At approximately 3:53 p.m., GONCALVES stated “bring me three instead”. At approximately 4:41 p.m., FERNANDES and GONCALVES agree to meet at “Dino’s”. At approximately 4:50 p.m., FERNANDES told GONCALVES that he would be there in one minute. I believe that FERNANDES delivered two fingers or twenty grams of heroin to GONCALVES. 47. On October 27, 2010, at approximately 5:08 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 776-5141. FERNANDES told GOMES that he was right around the corner. At approximately 5:16 p.m., GOMES told FERNANDES that he saw him. I believe that FERNANDES was delivering 10 fingers or 100 grams of heroin to GOMES. 48. On October 28, 2010, at approximately 11:53 a.m., a conversation occurred on target telephone # 6 with telephone number (508) 316-6258. FERNANDES asked Virgilio ROSA if he is at home and Virgilio ROSA said yes. FERNANDES told Virgilio ROSA that he would meet him at his house. At approximately 1:09 p.m., FERNANDES told Virgilio 20

ROSA near the “laundromat” at Montello. At approximately 1:36 p.m., Virgilio ROSA told FERNANDES that he was arriving and that he was wearing a black shirt and a black and red hat. FERNANDES told Virgilio ROSA to go inside and that FERNANDES would be sending a “girl” to see him. FERNANDES asked Virgilio ROSA “if it is six” and Virgilio ROSA affirmed. I believe that FERNANDES was sending HOLLIS to deliver “six” fingers or 60 grams of heroin to Virgilio ROSA. 49. On October 28, 2010, at approximately 1:38 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 685-9838. FERNANDES spoke to HOLLIS. FERNANDES told HOLLIS that there is a “dude” there with “black hat and black shirt” he is going to “give you the money to give him the thing.” HOLLIS told FERNANDES to tell him to wait and explained that she was getting food. At approximately 1:57 p.m., FERNANDES asked HOLLIS “if he got it” and HOLLIS responded yes. Based on the foregoing and the following surveillance, I believe that HOLLIS delivered six fingers of heroin to Virgilio ROSA. 50. On October 28, 2010, surveillance was conducted. At approximately 1:49 p.m.

surveillance observed a black male, wearing a black tee shirt and a black and red hat, standing in front of a laundromat at 707 N. Montello Street, Brockton, MA. The male was looking up and down the street as if waiting. At approximately 1:50 p.m., surveillance saw a gray Hyundai, MA plate 985 DW1 park near the laundromat. The Hyundai is registered to Tamara Hollis, and surveillance was able to identify the driver as HOLLIS. An unknown female and a young child got out of the Hyundai and entered the laundromat and Hollis remained in the vehicle. The male in the black and red hat, subsequently identified as Virgilio ROSA, then approached the driver's side of the Hyundai. Surveillance saw Virgilio 21

ROSA remove his clenched hand from his pants pocket and then place his hand inside of the driver's side window of the vehicle as if handing something to HOLLIS. Virgilio ROSA then removed his hand from the vehicle and placed it into his right front pants pocket. HOLLIS then exited the Hyundai and entered the laundromat. Virgilio ROSA then walked to a green 1994 Honda Accord, MA plate 168 MS8 that is registered to Claude Desir Jr., DOB 11/10/85. Virgilio ROSA got into the driver's seat of the Honda and departed the area. A short while later, the Honda was stopped by a uniformed Brockton Police Officer. After the Brockton Police Officer activated the lights on the cruiser, Virgilio ROSA was observed reaching his arm out of the driver's door window and throwing an object out of the vehicle over the roof to the street on the right side of the vehicle. The Honda eventually stopped at the side of the road and surveillance recovered the object that was thrown from the vehicle. Recovered from the side of the road was six (6) cylindrical objects, consistent with fingers of heroin, that were further contained within a wrapping of clear plastic. Virgilio ROSA and Claude Desir Jr, the front seat passenger in the Honda, were arrested for Trafficking in excess of 28 grams of heroin. 51. On October 30, 2010, at approximately 8:06 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 685-9838. FERNANDES spoke to HOLLIS. FERNANDES asked HOLLIS about the day at the laundry. FERNANDES asked HOLLIS whether “the dude that she served at the laundry, did she see him inside or outside”. HOLLIS said outside. FERNANDES asked “inside the car or outside and HOLLIS said outside. HOLLIS asked why and FERNANDES explained that “he got locked that day . . . got caught with that shit . . . fifteen thousand dollars bail.” FERNANDES told HOLLIS you should have served him “inside . . . [n]ext time you do it you do it inside.” I believe that 22

FERNANDES learned that Virgilio ROSA had been arrested and was questioning HOLLIS regarding the details of the heroin delivery that had occurred between HOLLIS and Virgilio ROSA, just prior to Virgilio ROSA’s arrest. C. 52. FERNANDES’ Criminal Associate – Emanuel DOCANTO The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had a criminal associate named Emanuel DOCANTO. Interceptions revealed that

DOCANTO drove FERNANDES to pick up large quantities of heroin, as detailed in the previously discussed September 21, 2010 and September 24, 2010 transactions between FERNANDES and VICENTE; that DOCANTO delivered heroin to heroin customers; and that DOCANTO received money, which was payment for narcotics previously delivered. The following conversations are summaries of translations of additional conversations that were intercepted which are examples of DOCANTO’s participation in the charged conspiracy. i. 53. DOCANTO Distributed Heroin for FERNANDES On September 10, 2010, at approximately 1:12 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. DOCANTO told FERNANDES that he was on his way and asked if FERNANDES “has anything bagged up.” FERNANDES said no. DOCANTO told FERNANDES that he had “someone coming over for the other finger . . . [and] a few people that wanted bags.” FERNANDES told DOCANTO to have them wait and explained that he woke up late. I believe that DOCANTO is a criminal associate of FERNANDES, who distributes heroin for FERNANDES; that DOCANTO wanted to know whether FERNANDES had anything “bagged up” or ready for distribution and that DOCANTO was ready to deliver a “finger” 23

or ten grams of heroin to one customer and “bags” or smaller quantities of heroin to additional persons. 54. On September 24, 2010, at approximately 3:07 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. DOCANTO told FERNANDES “my boy is coming down for a finger”. FERNANDES confirmed that he was home and told DOCANTO to call him when he was close. At approximately 3:50 p.m., DOCANTO told FERNANDES that his “boy” was about to be there. DOCANTO told FERNANDES that “his boy” would give him “650.” I believe that DOCANTO was sending a heroin customer to FERNANDES; that FERNANDES was going to deliver one finger of heroin; and that the customer was going to give FERNANDES $650 for the heroin. 55. On September 27, 2010, at approximately 2:45 p.m., an incoming call was received on target telephone # 6 from telephone number (781) 439-7383. FERNANDES spoke to UM7383. UM7383 told FERNANDES that he “needs one.” FERNANDES told UM7383 that he was busy but that we would “call his boy.” At approximately 2:46 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. FERNANDES left DOCANTO a voicemail that “somebody needs to see him.” At approximately 2:54 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-4026. FERNANDES spoke to DOCANTO.

FERNANDES told DOCANTO that the “Spanish guy” needs some thing. DOCANTO told FERNANDES to tell “him” to meet him at Advance auto part. I believe that DOCANTO was going to meet with a heroin customer to deliver heroin. ii. DOCANTO Brought Heroin and Drove FERNANDES To Distribute Heroin 24

56.

On September 26, 2010, at approximately 6:52 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. FERNANDES told DOCANTO that he had a “few plays” and that he wanted to know when DOCANTO could pick him up. DOCANTO told FERNANDES that he would come get him and FERNANDES asked DOCANTO to bring “4 with him” and explained that “MG, Jeje, and other people are waiting for plays.” I believe that FERNANDES wanted DOCANTO to pick up four fingers of heroin and drive FERNANDES to deliver the heroin to FERNANDES’ heroin customers.

D. 57.

FERNANDES’ Criminal Associate – Tamara HOLLIS As previously detailed, on September 24, 2010, HOLLIS contacted FERNANDES and arranged for a meeting with VICENTE, in order to FERNANDES to receive 50 fingers of heroin. As detailed previously in Section I, A, iii, on October 28, 2010, HOLLIS delivered six fingers of heroin to Virgilio ROSA, which was subsequently seized in the vicinity of Virgilio ROSA. Also, on August 16, 2010, surveillance observed HOLLIS meet with FERNANDES and based on intercepted conversations, I believe that HOLLIS delivered six fingers of heroin to FERNANDES, for further distribution. The following conversations are summaries of translations of conversations that were intercepted which illustrate HOLLIS’ participation in the charged conspiracy.

i.

August 16, 2010, FERNANDES Received Six Fingers of Heroin from HOLLIS and VICENTE and Delivered a Portion of Heroin to BARBOSA for ROSA On August 16, 2010, conversations were intercepted which revealed that ROSA, a heroin customer of FERNANDES, wanted “6" fingers or 60 grams of heroin and that FERNANDES was unable to deliver the heroin until FERNANDES met with his heroin source of supply. 25

58.

Surveillance observed FERNANDES meet with HOLLIS and VICENTE and then a conversation was intercepted, which I believe indicated that FERNANDES had delivered the heroin to a representative of ROSA. The following conversations are summaries of translations of conversations that were intercepted regarding the above mentioned heroin transaction. 59. On August 16, 2010, at approximately 2:35 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529. ROSA spoke to FERNANDES. ROSA told FERNANDES that “he would grab 6" and to “call the dude.” I believe that ROSA was ordering 6 units of heroin from FERNANDES and that FERNANDES was going to call his source of supply to get the heroin. 60. On August 16, 2010, at approximately 2:46 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated that “he said that he will be in Abington in 45 minutes and I can meet up with him. At approximately 4:20 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated that the “dude” called him and he was “leaving now.” I believed that FERNANDES was going to meet his source of supply to get a quantity of heroin. 61. On August 16, 2010, surveillance of FERNANDES was conducted. A Nissan Maxima with Massachusetts registration 1978 MD, which is known to be driven my Emanuel DOCANTO, a criminal associate of FERNANDES, was observed in the vicinity of Panorama in Brockton, Massachusetts. At approximately 5:00 p.m., agents observed a silver Hyundai with Massachusetts registration number 985 DW1, registered to Tamara HOLLIS, park in the parking lot of Panorama, two spaces from the DOCANTO vehicle. Agents observed the 26

female driver of the vehicle, later determined to be HOLLIS, exit the Hyundai and get into the rear of the DOCANTO vehicle. Shortly thereafter, HOLLIS exited the DOCANTO vehicle and returned to the Hyundai and left the area. At approximately 5:10 p.m., a car stop was conducted on the Hyundai. The driver of the vehicle was identified as Tamara HOLLIS and the passenger of the vehicle was identified as Carla VICENTE. During the course of the car stop, agents determined that telephone number (774) 259-2296 was being used by VICENTE. I believe that FERNANDES and DOCANTO met with VICENTE and HOLLIS and that HOLLIS delivered six fingers of heroin to FERNANDES. 62. On August 16, 2010, at approximately 5:16 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated that “I dropped it off” but that he wouldn’t go there anymore. ROSA stated that from now on they could meet by the highway and ROSA stated that he has a “house by the highway.” I believe that FERNANDES received a quantity of heroin from VICENTE and HOLLIS and then “dropped it off” to ROSA’s associate BARBOSA for distribution. ii. October 28, 2010, FERNANDES Had HOLLIS Deliver Six Fingers of Heroin to Virgilio ROSA, Which Was Seized From Virgilio ROSA

63.

As previously detailed in Section I, Part B, iii, on October 28, 2010, a series of conversations occurred during which Virgilio ROSA requested “six” finger of heroin from FERNANDES; FERNANDES told Virgilio ROSA to meet at the laundromat; FERNANDES contacted HOLLIS and told her who and where to meet; surveillance observed HOLLIS meet with Virgilio ROSA; and then six fingers or approximately 60 grams of heroin was seized from Virgilio ROSA. 27

iii. 64.

Additional Criminal Actions of HOLLIS On October 17, 2010, at approximately 1:09 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 685-9838. FERNANDES spoke to HOLLIS. FERNANDES asked HOLLIS whether she was at home. FERNANDES told HOLLIS that he “left that thing inside the basket inside of the closet . . . and not to let them get close around there.” HOLLIS affirmed. I believe that FERNANDES had something concealed within a basket inside the closet of 82 French Avenue, Second Floor, in Brockton, Massachusetts, which is HOLLIS’ residence and where FERNANDES is currently residing.

65.

On October 21, 2010, at approximately 7:19 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 685-9838. FERNANDES spoke to HOLLIS. FERNANDES told HOLLIS to “grab the finger by the back door and bring it to me at Dino’s”. I believe that FERNANDES was using 82 French Avenue, Second Floor, in Brockton, Massachusetts, to store his heroin and that HOLLIS was going to bring a finger or ten grams of heroin to FERNANDES for further distribution.

E. 66.

FERNANDES’ Heroin Customer – Alessio BARBOSA The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous larger scale heroin customers, including Alessio BARBOSA. Interceptions revealed that BARBOSA would request and receive multi-finger quantities of heroin from FERNANDES and further distribute said heroin. As previously detailed, on October 7, 2010, FERNANDES was en route to deliver three fingers of heroin to BARBOSA when the vehicle in which FERNANDES was riding was stopped and four fingers of heroin was seized from FERNANDES. Also, as previously detailed, on September 21, 2010, and 28

September 26, 2010, FERNANDES and DOCANTO delivered heroin to BARBOSA. As discussed later in this Affidavit, BARBOSA was also intercepted extensively on target telephone # 1, used by ROSA, because BARBOSA was a criminal associate of ROSA, who received and distributed heroin daily. The following are additional examples of

BARBOSA’s criminal interactions with FERNANDES, during the course of the charged conspiracy. i. 67. October 9, 2010, FERNANDES Delivered Five Fingers of Heroin to BARBOSA On October 9, 2010, at approximately 12:08 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. FERNANDES asked BARBOSA what he needed. BARBOSA told FERNANDES to bring him “5" and he will “pay for the 3 and . . . give him another $100 on top.” FERNANDES stated that he was coming in a few. I believe that FERNANDES was going to deliver “5" fingers of heroin to BARBOSA; that BARBOSA was going to pay for three of the fingers of heroin; that BARBOSA was going to owe FERNANDES for the two additional fingers of heroin plus $100 extra, for being fronted the heroin. ii. 68. October 19, 2010, FERNANDES Delivered Five Fingers of Heroin to BARBOSA On October 19, 2010, at approximately 7:57 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. BARBOSA stated that he needed “two”. FERNANDES confirmed “two”. FERNANDES asked BARBOSA if he was at home. At approximately 8:41 p.m., BARBOSA told FERNANDES that he was “home”. At approximately 9:37 p.m., FERNANDES told BARBOSA that he was at the door. I believe that FERNANDES was delivering two fingers of heroin to BARBOSA at his home, which is located at 55 City Hall Square, Apartment # 29

2, in Brockton, Massachusetts. iii. 69. November 2, 2010, FERNANDES Delivered Two Fingers of Heroin to BARBOSA On November 2, 2010, at approximately 11:47 a.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-7427. FERNANDES spoke to BARBOSA. BARBOSA stated that he was hungry and waiting on work since yesterday. FERNANDES stated that he was at home and had no ride. FERNANDES asked BARBOSA what he wanted and BARBOSA stated “three or four”. FERNANDES stated that he had “2" put away and BARBOSA agreed to take “two for now”. At approximately 12:51 p.m., FERNANDES told BARBOSA that he was still looking for a ride. BARBOSA asked FERNANDES how much he was bringing and FERNANDES stated “two”. BARBOSA asked how much “12" and FERNANDES affirmed. At approximately 1:21 p.m.,

FERNANDES told BARBOSA that he was outside. I believe that FERNANDES traveled to BARBOSA’s residence at 55 City Hall Square to deliver two fingers of heroin to BARBOSA and that BARBOSA was going to pay FERNANDES $1200 for the heroin. 70. On November 2, 2010, surveillance was established. At approximately 1:25 p.m., agents observed a dark colored sedan arrive in the parking lot in front of 55 City Hall Square in Brockton, MA, the believed residence of BARBOSA. FERNANDES was observed walking from the area of the vehicle towards the front of 55 City Hall Square. I believe that FERNANDES was delivering two fingers of heroin to BARBOSA. F. 71. FERNANDES’ Heroin Customer – Nicholas DEANGELIS The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous frequent heroin customers, including Nicholas DEANGELIS. Interceptions revealed that DEANGELIS would request and receive finger or multi-finger quantities of 30

heroin from FERNANDES and further distribute said heroin. As detailed below, I believe that on September 18, 2010, September 20, 2010, and September 22, 2010, FERNANDES delivered additional quantities of heroin to DEANGELIS. Then on September 29, 2010, FERNANDES delivered in excess of one finger of heroin to DEANGELIS, which was seized from DEANGELIS. During the course of the investigation, I believe that

DEANGELIS has received in excess of 22 fingers or 220 grams of heroin from FERNANDES. The following are examples of DEANGELIS’ criminal interactions with FERNANDES, during the course of the charged conspiracy. i. September 10, 2010, FERNANDES’ Distributed Heroin to DEANGELIS

72.

On September 10, 2010, at approximately 1:12 p.m., an incoming call was received on target telephone # 6 from telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. DOCANTO told FERNANDES that he was on his way and asked if FERNANDES “has anything bagged up.” FERNANDES said no. DOCANTO told FERNANDES that he had “someone coming over for the other finger . . . [and] a few people that wanted bags.” FERNANDES told DOCANTO to have them wait and explained that he woke up late. I believe that DOCANTO is a criminal associate of FERNANDES, who distributes heroin for FERNANDES.

73.

On September 10, 2010, at approximately 1:15 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to

DEANGELIS. FERNANDES told DEANGELIS that he didn’t have any and that he had to go and get it. DEANGELIS told FERNANDES to “come through, I have people.” I believe that DEANGELIS is a heroin customer of FERNANDES; that DEANGELIS wanted a 31

quantity of heroin from FERNANDES; and that DEANGELIS’ “people” or heroin customers were waiting for the heroin. 74. On September 10, at approximately 1:35 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES asked MARTINS “are you at home.” MARTINS affirmed. FERNANDES explained that “I’m going to pass by to go pick up a couple of things . . . I will be downstairs in a couple of minutes.” I believe that MARTINS resides at 12 Wyman Street in Brockton, Massachusetts; that MARTINS stores heroin and narcotics proceeds for FERNANDES; and that on this day, FERNANDES was picking up heroin from MARTINS for distribution. 75. On September 10, 2010, at approximately 1:36 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to

DEANGELIS. DEANGELIS asked FERNANDES what was up and he stated “I’ll be there in five minutes.” I believe that FERNANDES picked up heroin from MARTINS at 12 Wyman Street and that as a result, FERNANDES was ready to distribute heroin to DEANGELIS. 76. On September 10, 2010, at approximately 3:10 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to

DEANGELIS. DEANGELIS told FERNANDES “I’m gonna need another one in half an hour.” FERNANDES told DEANGELIS to call him. I believe that DEANGELIS needed another “one” or another finger of heroin from FERNANDES. ii. 77. September 12, 2010, FERNANDES’ Distributed Heroin to DEANGELIS On September 12, 2010, at approximately 12:55 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. 32

FERNANDES stated that he was getting something to eat and that he would see DEANGELIS after he ate. 78. On September 12, at approximately 1:51 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES told MARTINS that he was on the way to “pick up a few things to bring it somewhere.” FERNANDES stated that when he arrived he would call MARTINS to come down. On September 12, at approximately 1:57 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES stated that he was downstairs. I believe that MARTINS stores heroin and narcotics proceeds for FERNANDES; and that on this day, FERNANDES was picking up heroin from MARTINS for distribution. 79. On September 12, 2010, at approximately 2:04 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to

DEANGELIS. DEANGELIS asked FERNANDES if he was outside and FERNANDES told DEANGELIS to start walking. I believe that FERNANDES had received heroin from storage from MARTINS and that as a result, FERNANDES had heroin for distribution to DEANGELIS. iii. 80. September 13, 2010, FERNANDES’ Distributed Heroin to DEANGELIS On September 13, 2010, at approximately 12:27 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS stated that “I need two, two of those things.” DEANGELIS asked what the price would be and whether he could get it lower for two. FERNANDES said no and explained that he already discounted $25. DEANGELIS told FERNANDES that 33

he would contact FERNANDES when he got to Brockton. I believe that DEANGELIS wanted “two” fingers of heroin from FERNANDES for distribution. 81. On September 13, 2010, at approximately 1:09 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS told FERNANDES to “come see him now for two.” FERNANDES agreed. DEANGELIS confirmed with FERNANDES that it is the “same stuff.” FERNANDES affirmed. I believe that FERNANDES was going to meet with DEANGELIS and deliver two fingers of heroin. 82. On September 13, at approximately 1:39 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES stated that he was going to pick up “another one of those things for someone” and asked MARTINS to “get one of those out of the car and hold it for him.” I believe that MARTINS stores heroin and narcotics proceeds for FERNANDES; and that on this day, FERNANDES was picking up heroin from MARTINS for distribution to DEANGELIS. 83. On September 13, 2010, at approximately 1:56 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS stated that he was still waiting on FERNANDES and FERNANDES told DEANGELIS to start walking because he was close. I believe that FERNANDES had picked up a quantity of heroin from MARTINS and was ready to deliver the heroin to DEANGELIS. 84. On September 13, at approximately 4:33 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES asked MARTINS whether he was home. FERNANDES explained that he 34

was going to pass by in about 5 minutes and to “get the thing that it is about to end, save it for me.” I believe that MARTINS stores heroin and narcotics proceeds for FERNANDES; and that on this day, FERNANDES was picking up heroin from MARTINS for distribution. 85. On September 13, at approximately 4:42 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 360-6770. FERNANDES spoke to MARTINS. FERNANDES asked MARTINS whether he was downstairs or upstairs. MARTINS stated that he was “downstairs by the door.” FERNANDES asked MARTINS “the last thing I gave you to save, you didn’t mix it with the other one, did you.” MARTINS stated yeah. MARTINS stated that he had to “get it upstairs.” FERNANDES told MARTINS to “put it in a plastic bag and bring me downstairs.” I believe that MARTINS stores heroin and narcotics proceeds for FERNANDES; and that on this day, FERNANDES was picking up heroin from MARTINS for distribution. iv. 86. September 18, 2010, FERNANDES’ Delivered Heroin to DEANGELIS On September 18, 2010, at approximately 8:34 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to

DEANGELIS. DEANGELIS asked FERNANDES whether he was “good, same stuff” and FERNANDES said yeah. DEANGELIS stated that he had a car and would come to Elm in five minutes. At approximately 9:05 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. DEANGELIS told FERNANDES that he was there at the bottom of the stairs. FERNANDES told DEANGELIS to wait at the bottom of the stairs. I believe that DEANGELIS wanted a quantity of heroin from FERNANDES and that DEANGELIS had traveled to meet with FERNANDES to get the heroin. v. September 20, 2010, FERNANDES’ Delivery of Heroin to DEANGELIS 35

87.

On September 20, 2010, at approximately 4:45 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS asked FERNANDES if he could come see him for the “same stuff.” FERNANDES said yes in 20 minutes. At approximately 4:59 p.m., FERNANDES told DEANGELIS that he was about to pull up. I believe that DEANGELIS wanted a quantity of heroin from FERNANDES and that FERNANDES was delivering said heroin to DEANGELIS.

vi. 88.

September 22, 2010, FERNANDES’ Delivered Heroin to DEANGELIS On September 22, 2010, at approximately 10:56 a.m., an incoming call was received on target telephone # 6 from telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS asked FERNANDES “if it is still the same stuff” and FERNANDES answered yes. DEANGELIS asked FERNANDES whether “can drop the price, same price.” FERNANDES stated “675, I can’t go lower than that.” DEANGELIS told FERNANDES to “hit me up, I’m good and ready.” I believe that DEANGELIS wanted another delivery of heroin and that DEANGELIS was receiving one finger of heroin each time from FERNANDES; and that DEANGELIS was paying $675 per finger of heroin.

vii.

September 29, 2010, FERNANDES’ Delivered Heroin to DEANGELIS and Seizure of Heroin from DEANGELIS On September 29, 2010, at approximately 11:56 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 692-1027. FERNANDES spoke to DEANGELIS. DEANGELIS told FERNANDES that he was coming to “pick up.” DEANGELIS stated that he would be there in fifteen minutes. At approximately 12:30 p.m., DEANGELIS told FERNANDES that he was there. 36

89.

90.

As a result of the above-referenced conversations, on September 29, 2010, surveillance observed DEANGELIS arrive in a silver Nissan Sentra bearing Massachusetts registration number 221GP7, in the vicinity of Belmont and Elm Street in Brockton, Massachusetts. DEANGELIS was observed entering and departing a building, believed to be used by FERNANDES. DEANGELIS got into the passenger side of the vehicle and departed the area. A traffic stop was conducted on the vehicle, DEANGELIS was found in possession of one finger of believed heroin and 8 40 bags of believed heroin. DEANGELIS was arrested, charged, and is currently incarcerated.

G. 91.

FERNANDES’ Heroin Customer – Iury GOMES The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous frequent heroin customers, including Iury GOMES. Interceptions revealed that GOMES would request and receive multi-finger quantities of heroin from FERNANDES, usually ten fingers of heroin or 100 grams of heroin at a time and further distribute said heroin. As detailed earlier in this Affidavit, on September 21, 2010 and October 27, 2010, GOMES received, what I believe to be, 100 grams of heroin, on each occasion. As detailed later in this Affidavit, is additional information that GOMES was a heroin source of supply to ROSA; that ROSA was a heroin source of supply for GOMES; and that GOMES has several heroin criminal associates. The following are examples of criminal transactions between FERNANDES and GOMES.

i. 92.

August 12, 2010, FERNANDES Delivered 10 Fingers of Heroin to GOMES On August 12, 2010, at approximately 11:07 a.m., an incoming call was received on target telephone # 8 from telephone number (508) 232-9529 -- target telephone # 6. GOMES spoke to FERNANDES. FERNANDES told GOMES that “I have a dude with good stuff 37

he’s asking 650.” GOMES asked “how much for 100 . . . 100 for 6.” GOMES clarified “call him ask him for 100 gram”. FERNANDES stated that he would call “him” and “call you right”. I believe that FERNANDES had a “dude” or a heroin source of supply that sold heroin for $650 a finger; that GOMES wanted to know whether the source would sell the heroin for “6" or $600 a finger if GOMES bought 100 grams of heroin; and that FERNANDES was going to contact his source of supply and then contact GOMES again. 93. On August 12, 2010, at approximately 11:14 a.m., an incoming call was received on target telephone # 8 from telephone number (508) 232-9529 -- target telephone # 6. GOMES spoke to FERNANDES. FERNANDES stated that “he only has 9 . . . I told him to make another 625.” GOMES asked if it was ready and FERNANDES stated 45 minutes. I believe that FERNANDES contacted a source of supply of heroin; that the source of supply had “9" fingers of heroin available; that the source was going to make one additional finger of heroin; and that the price for the heroin was going to be $625 a finger. 94. On August 12, 2010, at approximately 12:04 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529 -- target telephone # 6. GOMES spoke to FERNANDES. FERNANDES stated that he was going over there now. At

approximately 12:17 p.m., GOMES asked FERNANDES if he was all set; FERNANDES affirmed; and GOMES stated that he was coming “out right now.” I believe that

FERNANDES had traveled to meet GOMES and that GOMES was delivering money to FERNANDES for the 10 fingers of heroin. 95. On August 12, 2010, at approximately 1:08 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529 -- target telephone # 6. GOMES spoke to FERNANDES. FERNANDES stated that he was about to get “it” in five minutes and that 38

“as soon as I get it I’ll swing thru.” At approximately 1:25 p.m., FERNANDES asked GOMES where he was and GOMES stated on Laureston near Prestige.” I believe that FERNANDES had received the ten fingers of heroin and was driving to meet GOMES to deliver the heroin. 96. On August 12, 2010, surveillance was established in the vicinity of 267 Green Street in Brockton, MA, the believed residence of GOMES. A Nissan Altima with Massachusetts Registration number 5AG 560, used by GOMES, was parked in the driveway. At

approximately 1:15 p.m., the Nissan Altima departed the area. At approximately 1:30 p.m., the Nissan Altima was observed in the driveway of 129 Laureston Street in Brockton MA and a Gray Maxima (1978 MD), used by FERNANDES, parked in the same driveway, behind the Altima. FERNANDES and GOMES were observed, as well as one unidentified male in FERNANDES vehicle. GOMES was then surveiled entering the building of 129 Laureston Street, which was determined to be the residence of Elsio MONTEIRO, a criminal associate of GOMES. ii. 97. August 17, 2010, FERNANDES Delivered 6 Fingers of Heroin to GOMES On August 17, 2010, at approximately 12:36 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529. GOMES spoke to FERNANDES. GOMES asked FERNANDES if “he can do 20 of them for 550.” FERNANDES stated that he will “call the dude then call him back.” I believe that GOMES wanted 20 fingers of heroin from FERNANDES; that GOMES wanted the heroin for $550/finger or 10 gram quantity; and that FERNANDES was going to contact one of his heroin sources of supply. 98. On August 17, 2010, at approximately 4:56 p.m., an incoming call was received on target telephone # 8 from telephone number (508) 232-9529. GOMES spoke to FERNANDES. 39

FERNANDES told GOMES bad news and explained that “he only has 10 until tomorrow . . . and I want 5 for me.” GOMES told FERNANDES “so give me the 10 for $600.” FERNANDES told GOMES “I’ll get you 6.” I believe that FERNANDES had spoken to one of his heroin sources of supply; that the source only had 10 fingers for distribution; that GOMES wanted 10 fingers for $600 and FERNANDES indicated that he would get 6 fingers for GOMES. 99. On August 17, 2010, at approximately 6:21 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529. GOMES spoke to FERNANDES. FERNANDES stated that he had passed by and he didn’t see GOMES’ car. GOMES stated that he was in the house and my boy is going outside now. At approximately 6:24 p.m., FERNANDES told GOMES “I gave it to him dude with scooter.” I believe that

FERNANDES delivered 6 fingers of heroin to Laureston Street to Elsio MONTEIRO. iii. 100. October 24, 2010, FERNANDES Delivered Fifty Grams of Heroin to GOMES On October 24, 2010, at approximately 12:06 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 776-5141. FERNANDES spoke to GOMES. GOMES asked FERNANDES if he had “good works” and FERNANDES affirmed. GOMES asked for “one hundred" and FERNANDES stated that he did not think that he had a “hundred, maybe fifty”. FERNANDES affirmed that GOMES wanted it and GOMES affirmed. I believe that GOMES wanted a “hundred” or a hundred grams of heroin; that FERNANDES did not have 100 grams of heroin available for distribution; but that FERNANDES was going to deliver 50 grams of heroin to GOMES. 101. On October 24, 2010, at approximately 2:28 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 776-5141. FERNANDES spoke to GOMES. 40

FERNANDES told GOMES to meet him at Dino’s because he does not have a car. GOMES told FERNANDES to meet him at the carwash. FERNANDES told GOMES to pretend that he is cleaning the car and FERNANDES will put it inside the car. I believe that FERNANDES was going to deliver 50 grams of heroin to GOMES at the carwash. 102. On October 24, 2010, surveillance was established in the vicinity of Dino’s Bar. Agents observed FERNANDES standing in front of Dino’s. At approximately 3:13 p.m., agents observed a 2000 black Cadillac Escalade with Massachusetts Registration 142 NH9, pull into the car wash across the street from Dino’s. FERNANDES was observed walking across the street toward where the Cadillac was parked. FERNANDES was lost from view and then when the Cadillac came into view again, FERNANDES was observed exiting from the rear passenger door of the Escalade and crossing the street towards Dino’s Bar. Surveillance followed the black Escalade. At approximately 3:23 p.m, the Escalade arrived at 55 Highland Terrace. Two Cape Verdean males were observed to exit the vehicle, walk down the driveway of 55 Highland Terrace and enter the side door of the home. One of the males was later determined to be Emanuel RIBEIRO. H. 103. FERNANDES’ Heroin Customer – Alector GONCALVES The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous larger scale heroin customers, including Alector GONCALVES. Interceptions revealed that GONCALVES would request and receive multi-finger quantities of heroin from FERNANDES and further distribute said heroin. As discussed later in this Affidavit, GONCALVES has also been intercepted on target telephone # 1, as a heroin customer of ROSA. The following are a few examples of GONCALVES’ criminal interactions with FERNANDES, during the course of the charged conspiracy. 41

i. 104.

September 20, 2010, GONCALVES Received Half a Finger of Heroin from FERNANDES On September 20, 2010, at approximately 12:49 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 562-8091. FERNANDES spoke to GONCALVES. GONCALVES asked FERNANDES if he “had the stuff” and

FERNANDES stated that he was getting it in about 45 minutes. GONCALVES asked FERNANDES if he had “at least a half” and FERNANDES answered “just in pieces.” GONCALVES asked FERNANDES “did you bag it up” and FERNANDES said “yeah, I don’t know if your people would want it that way.” GONCALVES asked how many and FERNANDES stated “15". GONCALVES told FERNANDES to bring “it to me.” At approximately 1:29 p.m., FERNANDES told GONCALVES that he was on his way. I believe that GONCALVES wanted a half a finger or 5 grams of heroin; that FERNANDES did not have the heroin available at that time; but that GONCALVES was going to take 15 smaller units of heroin that FERNANDES had packaged for distribution; and that FERNANDES was delivering the heroin to GONCALVES. ii. 105. September 27, 2010, GONCALVES Received One Finger of Heroin from FERNANDES On September 27, 2010, at approximately 1:41 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 562-8091. FERNANDES spoke to GONCALVES. GONCALVES told FERNANDES that he wants a “finger” and asked FERNANDES his location. FERNANDES asked GONCALVES if he has a car and GONCALVES said yes. FERNANDES told GONCALVES that he was “at the house where they met up . . . at Belmont Street.” GONCALVES told FERNANDES to give him ten or fifteen minutes. At approximately 2:17 p.m., GONCALVES told FERNANDES that he was there. At

approximately 2:19 p.m.,, GONCALVES told FERNANDES that he was outside and 42

FERNANDES stated that he was coming down. I believe that GONCALVES traveled to 62 Elm Ave in Brockton, MA, to receive heroin from FERNANDES and that FERNANDES delivered one “finger” or ten grams of heroin to GONCALVES. iii. 106. October 7, 2010, GONCALVES Received One Finger of Heroin from FERNANDES On October 7, 2010, at approximately 7:34 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 562-8091. FERNANDES spoke to

GONCALVES. FERNANDES told GONCALVES that he would be there in two minutes. At approximately 7:46 p.m., FERNANDES told GONCALVES to come downstairs. At approximately 7:47 p.m., GONCALVES told FERNANDES that his “girlfriend is going downstairs and she will bring 650.” FERNANDES told GONCALVES that he will give him “one more and he can pay for that tomorrow.” I believe that GONCALVES sent his girlfriend to meet with FERNANDES; that the girlfriend was delivering $650, which was payment for a finger or 10 grams of heroin; and that FERNANDES was going to give GONCALVES “one more” or an additional finger of heroin which GONCALVES could pay for the following day. 107. On October 7, 2010, at approximately 7:54 p.m., surveillance observed a silver Nissan Maxima bearing Massachusetts registration number 1978MD in the driveway of 16 Forest Avenue in Brockton, Massachusetts, the believed residence of GONCALVES. An

unidentified Cape Verdean woman exited the residence, walked to the passenger side window. The woman then returned to 16 Forest Avenue and the Maxima departed the area. At approximately 8:07 p.m., a car stop was conducted of the vehicle. DOCANTO and FERNANDES were in the vehicle and found to be in possession of approximately 40 grams of heroin and $2,270. I believe that DOCANTO and FERNANDES were in the Nissan 43

Maxima; that DOCANTO and FERNANDES delivered two fingers of heroin to the woman for GONCALVES; that DOCANTO and FERNANDES received $650 cash, which was payment for heroin, from GONCALVES girlfriend; and that the woman and the heroin went into 16 Forest Avenue. iv. 108. October 27, 2010, GONCALVES Received Three Fingers of Heroin from FERNANDES On October 27, 2010, at approximately 3:52 p.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 562-8091. FERNANDES spoke to GONCALVES. FERNANDES told GONCALVES that the “stuff” is ready. GONCALVES told

FERNANDES that he would meet him at the garage. FERNANDES asked how many and GONCALVES stated “2". At approximately 3:53 p.m., GONCALVES told FERNANDES “bring me three instead”. FERNANDES agreed. At approximately 4:41 p.m.,

FERNANDES told GONCALVES to meet him at “Dino’s”. GONCALVES agreed. At approximately 4:50 p.m., GONCALVES told FERNANDES that he was there and FERNANDES stated that he would be there in a minute. I believe that FERNANDES was delivering “three” fingers of heroin to GONCALVES. v. 109. FERNANDES and GONCALVES Discussed Potential Violence On October 7, 2010, at approximately 11:17 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 562-8091. FERNANDES spoke to GONCALVES. FERNANDES told GONCALVES that “Play and the guys are getting together to rob me, this dude told me yesterday.” FERNANDES told GONCALVES that I am “going there and [I] will take his life.” GONCALVES told FERNANDES to “hit him with a bullet on his ass.” FERNANDES stated that he has some “stuff to try.” GONCALVES asked if the “stuff is good”. FERNANDES stated that its “supposed to be stronger, and that it came from 44

someone else.” FERNANDES explained that “he will try it before he takes the whole quantity.” FERNANDES told GONCALVES that “they have him, Jose and Iury on sight.” GONCALVES asked FERNANDES who told him and FERNANDES said “some dude told him”. GONCALVES stated “they will be going there shots to shots.” FERNANDES stated that he is “waiting for them, and that he [FERNANDES] has his eyes opened.” GONCALVES told FERNANDES to “let me know what’s up.” I believe that the first part of this conversation concerns a potential violent act against a yet unknown person. I believe that FERNANDES heard that he was going to be the target of a robbery and that FERNANDES, ROSA (Jose), and GOMES (Iury) are planning to meet the guy that is going to commit the robbery and possibly shoot the person who is going to commit the robbery. I believe that the second part of the conversation when FERNANDES says he has some “stuff to try” that is “supposed to be stronger” relates to heroin; that FERNANDES has a new batch of heroin; that is suppose to be stronger; and that FERNANDES is going to take a small amount, test the quality; and then get more heroin if the quality is good. I. 110. FERNANDES’ Heroin Customer – Jose ROSA The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous larger scale heroin customers, including Jose ROSA. Interceptions revealed that Jose ROSA would request and receive multi-finger quantities of heroin from

FERNANDES and further distribute said heroin. As discussed later in this Affidavit, ROSA was intercepted extensively in this investigation, using target telephone # 1, and that during said interceptions, I learned that ROSA has several other heroin sources of supply, criminal associates, and independent heroin customers. The details of the criminal interactions between ROSA and FERNANDES are best placed in the ROSA section of this Affidavit 45

because the transactions include actions by criminal associates of ROSA and therefore, are detailed in Section II, Part A. J. 111. FERNANDES’ Heroin Customer – Virgilio ROSA The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous larger scale heroin customers, including Virgilio ROSA Interceptions

revealed that Virgilio ROSA would request and receive multi-finger quantities of heroin from FERNANDES and further distribute said heroin. As discussed later in this Affidavit, Virgilio ROSA was also intercepted frequently on target telephone # 1, used by ROSA, and that Virgilio ROSA, was at one time a heroin source of supply of ROSA and at another time, a heroin customer of ROSA. As detailed in the Tamara HOLLIS section of this Affidavit, on October 28, 2010, approximately six fingers or sixty grams of heroin was seized from Virgilio ROSA. The following are examples of Virgilio ROSA’s criminal interactions with FERNANDES, during the course of the charged conspiracy. i. 112. October 9, 2010, FERNANDES Distributed Five Fingers of Heroin to Virgilio ROSA On October 9, 2010, at approximately 11:46 a.m., an incoming call was received on target telephone # 6 from telephone number (508) 232-1456. FERNANDES spoke to Virgilio ROSA. Virgilio ROSA asked FERNANDES if he was “working” and FERNANDES affirmed. Virgilio ROSA told FERNANDES that he wanted “the same thing as the other day.” FERNANDES asked what and Virgilio ROSA said “5". FERNANDES asked Virgilio ROSA where he was and Virgilio ROSA said his house on West Chestnut. FERNANDES told Virgilio ROSA that he would call him to meet and explained that “he got into trouble and does not want to be moving around.” I believe that FERNANDES was going to deliver “5" fingers of heroin to Virgilio ROSA and that Virgilio ROSA was going to have to meet 46

FERNANDES because FERNANDES did not want to be “moving around” with the heroin, after recently being arrested with 40 grams of heroin. 113. On October 9, 2010, at approximately 1:06 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 232-1456. FERNANDES spoke to Virgilio ROSA. FERNANDES told Virgilio ROSA that he was “ready with it” and told Virgilio ROSA to meet FERNANDES at Tedeschi in Belmont. FERNANDES stated that he would meet Virgilio ROSA in five to ten minutes. I believe that FERNANDES was delivering five fingers or 50 grams of heroin to Virgilio ROSA. ii. 114. October 18, 2010, FERNANDES Delivered Six Fingers of Heroin to Virgilio ROSA On October 18, 2010, at approximately 2:01 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 232-1456. FERNANDES spoke to Virgilio ROSA. FERNANDES stated that the “stuff is ready and that it’s fire.” Virgilio ROSA stated that he needed “six more.” At approximately 5:59 p.m., FERNANDES told Virgilio ROSA to meet him at “Dino’s” in 5 minutes. I believe that FERNANDES delivered six fingers of heroin to Virgilio ROSA. 115. On October 18, 2010, at approximately 6:42 p.m., an outgoing call was placed on target telephone # 6 to telephone number (774) 259-4026. FERNANDES spoke to DOCANTO. FERNANDES told DOCANTO that he had been waiting for him and stated “I’ve walked about 5000 meters today I’ve sold like ten fingers.” I believe that FERNANDES was admitting that he had distributed ten fingers or 100 grams of heroin that day. iii. October 28, 2010, FERNANDES Had HOLLIS Deliver Six Fingers of Heroin to Virgilio ROSA, Which Was Seized From Virgilio ROSA As previously detailed in Section I, Part B, iii, on October 28, 2010, a series of conversations 47

116.

occurred during which Virgilio ROSA requested “six” finger of heroin from FERNANDES; FERNANDES told Virgilio ROSA to meet at the laundromat; FERNANDES contacted HOLLIS and told her who and where to meet; surveillance observed HOLLIS meet with Virgilio ROSA; and then six fingers or approximately 60 grams of heroin was seized from Virgilio ROSA.

II. 117.

JOSE ROSA AND HIS CRIMINAL ASSOCIATES During the course of the investigation, significant information was also gathered regarding the criminal activities of Jose ROSA and his associates. On May 26, 2010, July 1, 2010, August 4, 2010, September 7, 2010 and November 1, 2010, 2010, the Honorable Richard G. Stearns, United States District Judge, in the District of Massachusetts, authorized the interception of telephone number (774) 259-9786 – target telephone # 1, used by ROSA. ROSA was also intercepted on target telephone # 3, used by MONTEIRO, target telephone # 5, used by BRANDAO, target telephone # 6, used by FERNANDES, target telephone # 8, used by GOMES, and target telephone # 9, used by TEIXEIRA. Between June, 2010 and November, 2010, ROSA used target telephone # 1 to receive and distribute large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the

interceptions, we learned that ROSA had numerous heroin sources of supply, including Miguel FERNANDES, Carey MONTEIRO, Virgilio ROSA, Justin TEIXEIRA, and Catherine WATTS. The interceptions further revealed that ROSA had several criminal associates who packaged and distributed heroin on behalf of ROSA and independently, including Tiffany Marie ANDRADE, Alessio BARBOSA, Dany BRANDAO, and Gregory STUBBS. Interceptions also revealed that ROSA had heroin customers, who received 48

quantities of heroin which indicated that said persons were redistributing the heroin to additional unknown persons, including Robert PARSONS, and Tim TAMULEVICH. During the course of this investigation heroin was seized from Tim TAMULEVICH, who is a heroin customer of ROSA and who had just received heroin from ROSA. A. 118. ROSA’s Heroin Source of Supply – Miguel FERNANDES The interception of target telephone # 1, used by ROSA, and target telephone # 6, used by FERNANDES, revealed that FERNANDES was a heroin source of supply for Jose ROSA. Interceptions revealed that Jose ROSA would request and receive multi-finger quantities of heroin from FERNANDES and further distribute said heroin. The following are examples of transactions that were intercepted between FERNANDES and ROSA. i. July 10, 2010, ROSA’s Associate BARBOSA Received Two Fingers of Heroin from FERNANDES On July 10, 2010, at approximately 7:49 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529 – target telephone # 6. ROSA spoke to FERNANDES. FERNANDES asked ROSA what he wanted and ROSA stated “three”. I believe that ROSA wanted “three” fingers of heroin from FERNANDES and that FERNANDES was going to deliver the heroin. 120. On July 10, 2010, at approximately 8:43 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA told ROSA that he needed the “loot” and explained that “Miguel” was coming over. ROSA told BARBOSA to see how much he had there. ROSA explained that he had more “loot” to put on top of that. ROSA told BARBOSA that he is bring “3" and that “three fingers is 1900 . . . 1800 I mean.” At approximately 8:50 p.m., BARBOSA told 49

119.

ROSA that “I got 1800 in the safe.” I believe that “Miguel” is a reference to Miguel FERNANDES; that FERNANDES was going to deliver three fingers or thirty grams of heroin to ROSA and that BARBOSA was going to count the “loot” or money and determine whether he had the $1800 to pay FERNANDES; and that BARBOSA had $1800 in a safe that was going to be used to pay FERNANDES for the heroin. 121. On July 10, 2010, at approximately 9:11 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA told ROSA that “Miguel” “he took 12 instead of 1800 for 2 all he had.” I believe that BARBOSA met with “Miguel”; that “Miguel” is FERNANDES; that FERNANDES delivered “two” fingers of heroin or 20 grams of heroin; and that BARBOSA paid FERNANDES $1200 for the heroin. ii. 122. August 5, 2010, ROSA and BARBOSA received Six Fingers of Heroin from FERNANDES On August 5, 2010, at approximately 4:27 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA told ROSA “I have a play for a finger at $800 and I need a 50 white.” ROSA stated that he did not have any fingers. BARBOSA asked if he could get one. ROSA stated that he probably had “$800 in 40s.” BARBOSA stated that he could call “Miguel” for one. ROSA stated that he was about to call “Miguel.” BARBOSA told ROSA to call him for “6 and sell me one.” I believe that BARBOSA had a customer that wanted a “finger” or 10 grams of heroin; that ROSA did not have a finger available; that ROSA was going to contact “Miguel” or FERNANDES for the heroin; and that BARBOSA wanted ROSA to get “6" or 60 grams of heroin and give one finger or 10 grams of heroin to BARBOSA for distribution. 50

123.

On August 5, 2010, at approximately 7:26 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529 -- target telephone # 6. ROSA spoke to FERNANDES. FERNANDES stated “she’s coming to meet me”. ROSA asked

FERNANDES if he wanted to go to “Alessio’s” and “get the money” and FERNANDES agreed and confirmed that ROSA wanted “6" for which ROSA stated that he would pay “$4000.” I believe that FERNANDES was going to meet with his female source of supply; that FERNANDES was going to meet with “Alessio” BARBOSA to receive $4,000 for payment of the heroin; and that ROSA and BARBOSA were going to receive 6 fingers of heroin or approximately 60 grams of heroin. 124. On August 5, 2010, at approximately 8:12 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA asked BARBOSA “how many pieces are left” and BARBOSA stated “I just got work give me a minute to break it down.” ROSA asked “Miguel already brought it” and BARBOSA stated that “I just got it.” I believe that ROSA wanted to know how many “pieces” of heroin were available for distribution and that BARBOSA indicated that “Miguel” FERNANDES had just brought “work” or additional heroin, which I believe was 6 fingers of heroin. iii. 125. August 6, 2010, ROSA and BARBOSA Received Five Fingers of Heroin from FERNANDES On August 6, 2010, at approximately 4:55 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529 -- target telephone # 6. ROSA spoke to FERNANDES. ROSA asked FERNANDES “did the girl come”. FERNANDES stated that he was trying to hook up right now. ROSA told FERNANDES to “call her, I’ll take 5.” FERNANDES stated “I’m going to call her and call you right back.” I believe that “girl” 51

was reference to VICENTE; that ROSA wanted “5" fingers of heroin or 50 grams of heroin; and that FERNANDES was going to reach out for his source of supply. 126. On August 6, 2010, at approximately 5:10 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA told BARBOSA that she only has “5 for now and that he owes Miguel 1600.” ROSA explained “we’ll get 5 now and tomorrow we will get 20.” I believe that ROSA’s reference to “she” was a reference to FERNANDES’ heroin source of supply; that ROSA was going to get “5" fingers or 50 grams of heroin today; and that ROSA was hoping to get “20" or 200 grams of heroin the following day. 127. On August 6, 2010, at approximately 5:33 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529 -- target telephone # 6. ROSA spoke to FERNANDES. ROSA told FERNANDES to tell the “female” that he “wants 6 and tomorrow he wants 20.” ROSA told FERNANDES that “Dany” will bring him the money. I believe that ROSA wanted FERNANDES to get 6 fingers of heroin from his source of supply today and 20 fingers of heroin tomorrow, for ROSA and that Dany BRANDAO was going to deliver the money to FERNANDES for the heroin. 128. On August 6, 2010, at approximately 5:37 p.m., an incoming call was received on target telephone # 1 from telephone number (774) 444-6122. ROSA spoke to BRANDAO. BRANDAO told ROSA that “Alessio” gave me “46". ROSA explained that “I owe Miguel 16. BRANDAO explained that “he gave me 46 I put my 6 that’s 52.” I believe that this conversation concerned money; that “Alessio” BARBOSA gave BRANDAO “46" or $4600 to give to FERNANDES for payment for heroin; and that BRANDAO added his own “6" or 600 which was also payment for heroin. 52

iv. 129.

August 21, 2010, ROSA and BARBOSA Received 14 Fingers of Heroin from FERNANDES On August 20, 2010, at approximately 5:09 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES told ROSA that he talked to the “dude.” ROSA asked FERNANDES “if they can get it for 525.” FERNANDES stated that he was not sure. ROSA stated “he wants to get 30 fingers.” FERNANDES stated “he’ll probably do $550 each for the 30 fingers.” ROSA told FERNANDES that he would do “20 at a time for $550 each”. FERNANDES stated that “the female connect may do 525 each straight money.” I believe that

FERNANDES had spoken to the “dude” or his male heroin source of supply; that FERNANDES believed that the source would sell the heroin for $550 each for 30 fingers or 300 grams of heroin; that ROSA wanted 20 fingers of heroin or 200 grams of heroin for $550; and that FERNANDES thought that his alternate female source of supply might sell the fingers of heroin for $525 each. 130. On August 20, 2010, at approximately 8:31 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated that “the guy who has the 15 for them has the same stuff . . . and is holding it for them.” FERNANDES stated “600.” ROSA told FERNANDES to tell them to wait until morning. I believe that FERNANDES had spoken to one of his heroin sources of supply; that the source of supply had 15 fingers of heroin available for distribution; and that the price for the heroin was going to be $600 per finger of heroin. 131. On August 21, 2010, at approximately 11:40 a.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529. ROSA spoke to FERNANDES. ROSA asked FERNANDES “you want to get that thing.” ROSA explained “I have the money all 53

ready in Brockton.” FERNANDES stated that “I’ll call him.” I believe that ROSA wanted FERNANDES to reach out for his heroin source of supply and get heroin for ROSA. 132. On August 21, 2010, at approximately 1:31 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated “he just called me he said he is gonna bring it in like ½ hour.” ROSA told FERNANDES that “I’ll bring it to you now.” I believe that FERNANDES had heard from his heroin source of supply; that FERNANDES was going to receive heroin for ROSA from his source of supply in approximately one half hour; and that ROSA was going to deliver “it” or the money for the heroin to FERNANDES. 133. On August 21, 2010, at approximately 1:47 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA told BARBOSA to have “9" ready and to put it in a bag. I believe that ROSA wanted “9" or $9,000 from BARBOSA to give to FERNANDES to pay for the heroin that FERNANDES was going to receive from his source of supply. 134. On August 21, 2010, at approximately 4:51 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 232-9529. ROSA spoke to FERNANDES. FERNANDES stated that “I have the thing he said he thought he had 15 he had only 14 but he brought it to me. FERNANDES stated that he was home and coming now. I believe that FERNANDES received 14 fingers of heroin from his source of supply and was going to be delivered to ROSA. v. September 16, 2010, ROSA and ANDRADE Received Fifteen Fingers of Heroin from FERNANDES On September 16, 2010, at approximately 2:41 p.m., an incoming call was received on target 54

135.

telephone # 6 from target telephone # 1. FERNANDES spoke to ROSA. FERNANDES told ROSA that he had spoken to the “guy”; that the guy had “fourteen to fifteen”; but that “he won’t do it for the price he told you before.” ROSA stated that he wanted to get more than that. FERNANDES explained to ROSA that he told him “40" and that “he said Sunday he may have it.” ROSA stated to “[c]heck me here at Menlo” and FERNANDES stated that “I will go there we will talk.” I believe that ROSA wanted a quantity of heroin from FERNANDES; that FERNANDES had spoken to his source of supply; that the source of supply had 14 or 15 fingers of heroin available for distribution; that ROSA wanted 40 fingers of heroin but that the source of supply did not have that quantity available for distribution at this time; and that ROSA and FERNANDES were going to meet in person to discuss the details. 136. On September 16, 2010, at approximately 6:19 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 933-6943. ROSA spoke to “Tiffany” believed to be Tiffany Marie ANDRADE. ROSA asked Tiffany ANDRADE to do him a favor. ROSA explained “I need you to go to the crib and get 8425 . . . and bring it near Hamilton where Miguel stays.” I believe that ROSA wanted Tiffany ANDRADE to get $8425 and deliver the money to FERNANDES, which was payment for 14 or 15 fingers of heroin. 137. On September 16, 2010, at approximately 7:03 p.m., an outgoing call was placed on target telephone # 6 to target telephone # 1. FERNANDES spoke to ROSA. ROSA told FERNANDES to come outside and that “she” will be there in a second. FERNANDES stated that he was outside waiting. ROSA told FERNANDES to wait on the driveway and explained that “she” will be there any minute. I believe that “Tiffany” was delivering “8425" dollars to FERNANDES which was payment for 14 or 15 fingers of heroin. 55

138.

On September 16, 2010, at approximately 7:06 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 933-6943. ROSA spoke to “Tiffany” believed to be Tiffany Marie ANDRADE. Tiffany ANDRADE told ROSA that the “staties have somebody posted in front of Dairy Queen . . . [and that] she is outside Miguel’s now.”

139.

On September 16, 2010, at approximately 7:15 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 933-6943. ROSA spoke to “Tiffany” believed to be Tiffany Marie ANDRADE. Tiffany ANDRADE told ROSA that she was home now. Tiffany ANDRADE stated that there were staties “near Minot, up near the fairgrounds, they are still at Dairy Queen, so I am the fuck out of here, I am home.” ROSA told Tiffany ANDRADE “your legit” and Tiffany ANDRADE stated “I know I am legit, but I am also not legit in a way, too, because I don’t have a license for the other things.” ROSA responded “he already gave it to you” and Tiffany ANDRADE said yes. ROSA told Tiffany ANDRADE to leave it there. I believe that Tiffany ANDRADE delivered the money to FERNANDES, that FERNANDES gave Tiffany ANDRADE 15 fingers of heroin and that Tiffany ANDRADE brought the 15 fingers or 150 grams of heroin to 24 Central Street in Easton, MA where Tiffany ANDRADE resides with ROSA.

vi.

September 24, 2010, ROSA Received One Finger of Heroin from FERNANDES and Delivered Two Fingers of Heroin to TAMULEVICH, Which Was Seized from TAMULEVICH

140.

On September 24, 2010, at approximately 10:44 a.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to

TAMULEVICH. TAMULEVICH asked ROSA if he had the same stuff. TAMULEVICH asked ROSA “[c]an I get 2 of them.” ROSA stated that he could only do one right now. I believe that TAMULEVICH wanted two fingers of heroin but that ROSA only had one 56

finger of heroin available for distribution at that time. 141. On September 24, 2010, at approximately 11:26 a.m., an incoming call was received on target telephone # 6 from target telephone # 1. FERNANDES spoke to ROSA. ROSA asked FERNANDES if he had any product and FERNANDES stated a little bit. ROSA asked FERNANDES for “all of it” and FERNANDES told ROSA that he would call him back. I believe that ROSA wanted heroin from FERNANDES and that FERNANDES was going to call ROSA back. 142. On September 24, 2010, at approximately 11:46 a.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to

TAMULEVICH. ROSA told TAMULEVICH to give him 20 minutes and he would have “both of them.” I believe that ROSA was getting additional heroin and that once he received the additional heroin he would be able to deliver two fingers of heroin to TAMULEVICH. 143. On September 24, 2010, at approximately 12:11 p.m., an outgoing call was placed on target telephone # 1 to target telephone # 6. ROSA spoke to FERNANDES. FERNANDES told ROSA that he was en route to his house. ROSA asked FERNANDES to meet at the same spot. On September 24, 2010, at approximately 12:47 p.m., a pole camera located at 243 Belmont Street, Brockton, MA documented the arrival of a gray Nissan Maxima, known to be used by DOCANTO and FERNANDES, and the fact that the car backed into the driveway. ROSA was observed exiting the Minot Street door and walking on the driveway out of view. At approximately 12:50 p.m., the Maxima departed the driveway and ROSA re-entered the side door of the residence. I believe that ROSA received at least one finger of heroin from FERNANDES, at that time. 144. On September 24, 2010, at approximately 1:01 p.m., an outgoing call was placed on target 57

telephone # 1 to telephone number (508) 232-8703. ROSA spoke to TAMULEVICH. ROSA told TAMULEVICH to “come to Minot.” I believe that ROSA received heroin from FERNANDES and possibly TEIXEIRA and that ROSA was now able to deliver two fingers of heroin to TAMULEVICH. 145. On September 24, 2010, at approximately 1:24 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to TAMULEVICH. TAMULEVICH is at the door. Conversation is heard in which ROSA indicates that “Tiny” or TAMULEVICH has something concealed within his pants. TAMULEVICH said “16" and asked if it was “the same right” which ROSA confirmed. I believe that TAMULEVICH picked up two fingers of heroin and paid ROSA $1600. 146. On September 24, 2010, surveillance observed TAMULEVICH arrive at 243 Belmont Street, which is a multi-unit dwelling that abuts Minot Street. TAMULEVICH was observed entering the building, exiting the building and departing the area. After TAMULEVICH left the area, a marked cruiser observed the driver of the vehicle, in which TAMULEVICH was the passenger, run a stop sign. The vehicle was pulled over. The Officer observed the passenger of the vehicle fidgeting in his pants area and at a later point, remove something from his pants area and relocate the item. The Officer conducted a search of the shoe and found two cylinder type packages, which is believed to be heroin and weighed approximately 22 grams. The passenger was determined to be TAMULEVICH and was arrested for possession with intent to distribute heroin. TAMULEVICH made a statement that he paid $800 for the fingers. TAMULEVICH is not cooperating. TAMULEVICH has been released on bond. B. ROSA’s Heroin Source of Supply – Ismael FIGUEROA a/k/a UM3553 58

i.

November 3, 2010, ROSA Received Four Fingers of Heroin from FIGUEROA at 24 Central Street in Easton, MA, facilitated by ANDRADE

147.

On November 3, 2010, at approximately 2:08 p.m., an outgoing call was placed on telephone # 1 to telephone number (978) 394-3553. ROSA spoke to UM3553, a new heroin source of supply, later determined to be Ismael FIGUEROA. ROSA said “you’re gonna bring me 6, right?” FIGUEROA said yeah and then explained “I can bring you 4 and then I’ll owe just 2.” At approximately 6:35 p.m., FIGUEROA told ROSA that “I’ll be there in 25.” I believe that FIGUEROA is a heroin source of supply and that FIGUEROA was en route to deliver “4" fingers of heroin.

148.

On November 3, 2010, at approximately 6:52 p.m., an incoming call was received on target telephone # 1 from telephone number (774) 360-4898. ROSA spoke to ANDRADE. ANDRADE told ROSA “what you told me . . . but there’s still not going to be enough. I didn’t count the 50's.” ROSA told ANDRADE to “[g]o in the jeans too.” I believe that ANDRADE is looking for money to pay FIGUEROA; that ANDRADE had not yet found enough money but that ROSA directed ANDRADE to the “50's” or $50 bills; that ANDRADE was collecting money to pay FIGUEROA because ROSA had informed ANDRADE that FIGUEROA was going to be delivering heroin to ANDRADE and that ANDRADE was going to have to pay FIGUEROA for the heroin.

149.

On November 3, 2010, at approximately 7:31 p.m., an incoming call was received on telephone # 1 from telephone number (978) 394-3553. ROSA spoke to FIGUEROA. ROSA asked FIGUEROA whether he was there. FIGUEROA said yeah and ROSA stated “My girl is about to come outside and let you come in.” I believe that FIGUEROA was delivering the heroin to ANDRADE at 24 Central Street, in Easton, MA. 59

150.

On November 3, 2010, at approximately 7:31 p.m., an outgoing call was placed on target telephone # 1 to telephone number (774) 360-4898. ROSA spoke to ANDRADE. ROSA told ANDRADE to “open the door for the dude outside. Just bring him in the living room and just give it to him.” I believe that the “dude” was FIGUEROA; that ANDRADE was going to let FIGUEROA into 24 Central Street; that ANDRADE was going to take possession of the four fingers of heroin; and that ANDRADE was going to “give it to him” or pay FIGUEROA for the heroin.

151.

On November 3, 2010, at approximately 7:40 p.m., surveillance observed a Nissan sedan parked in the left side of the driveway at 24 Central Street, Easton, MA. Agents observed that the car was running; that the driver’s seat was unoccupied, and that a passenger was in the vehicle. A short time later, the vehicle was seen with a driver, exiting the driveway and departing the area. I believe that the passenger of the vehicle was FIGUEROA and that FIGUEROA and the driver of the vehicle delivered heroin to ANDRADE and received money from ANDRADE, which was payment for the heroin, at 24 Central Street in Easton, MA.

ii.

November 6, 2010, ROSA Received Twenty-Two Fingers of Heroin from FIGUEROA at 24 Central Street in Easton, MA On November 6, 2010, at approximately 11:19 a.m., an outgoing call was placed on target telephone # 1 to telephone number (978) 394-3553. ROSA spoke to FIGUEROA FIGUEROA asked “how much you need” and ROSA said “20". FIGUEROA stated that he would check with his cousin and let ROSA know. ROSA said “bring 22 I got nothing.” I believe that FIGUEROA was going to deliver “22" fingers of heroin to ROSA.

152.

153.

On November 6, 2010, at approximately 5:45 p.m., FIGUEROA told ROSA that he would 60

be there in 25 minutes. At approximately 6:14 p.m., FIGUEROA told ROSA that he was there. I believe that FIGUEROA traveled to 24 Central Street in Easton MA and was going to meet with ROSA to deliver 22 fingers of 220 grams of heroin. 154. On November 6, 2010, at approximately 6:15 p.m., surveillance observed a Nissan Sedan with Massachusetts Registration 6PK 450 park on the left side of the driveway at 24 Central Street. On November 6, 2010, at approximately 6:26 p.m., ROSA stated that he would be there in three minutes. At approximately 6:35 p.m., surveillance observed the BMW X5, known to be used by ROSA pull into the driveway at 24 Central Street, next to the other vehicle. I believe and that FIGUEROA and ROSA met at 24 Central Street, which is ROSA’s residence, and FIGUEROA delivered 22 fingers of heroin to ROSA. 155. On November 6, 2010, at approximately 7:35 p.m., the Nissan with plate number 6PK 450 departed the driveway at 24 Central Street. The vehicle was followed and a car stop was conducted. Two males were in the vehicle. The driver of the vehicle was David A. Ruiz. The passenger of the vehicle was Ismael FIGUEROA. The driver of the vehicle was in possession of $5,000 in cash which he stated was going to be used to purchase a vehicle. The passenger of the car was in possession of $6,000, which FIGUEROA also said was going to be used to purchase a vehicle. Ruiz and FIGUEROA were released. I believe that the $11,000 in the vehicle was payment made by ROSA for 20 fingers of heroin, which is 20 fingers of heroin for $550 per finger of heroin and that the additional two fingers of heroin was owed to ROSA by FIGUEROA from a prior transaction, as discussed in the interceptions. 156. On November 14, 2010, conversations were intercepted between target telephone # 1 and telephone number (978) 394-3553, used by FIGUEROA. At approximately 2:50 p.m., 61

ROSA told FIGUEROA “this shit is getting too weak” and FIGUEROA explained “I got this other people that just brought me a whole one” and then ROSA told FIGUEROA “bring me like 15 . . . I only have two left”. At approximately 3:59 p.m., FIGUEROA told ROSA “I’m taking off at 6:30" and confirmed with ROSA “you want 15 right”. At approximately 7:40 p.m., a conversation occurred, during which a technical malfunction prevented hearing FIGUEROA’s portion of the conversation, however, ROSA was heard stating “I got to grab the dough”. At approximately 7:56 p.m., FIGUEROA told ROSA that he would be 25 minutes. Shortly thereafter, a car stop was conducted on the vehicle being used by FIGUEROA. FIGUEROA and David Ruiz were found to be in the vehicle. A canine alerted to the presence of narcotics in the front of the vehicle. The vehicle was towed to a safe place and searched. No narcotics were found. No search was conducted of FIGUEROA or Ruiz. At approximately 10:22 p.m., FIGUEROA placed a call to ROSA and told ROSA that he had been stopped again and that the car had been searched. FIGUEROA told ROSA “I’m going there to take this. . . . I’ll be there in like 20 . . . straight to your crib”. The following morning, at approximately 8:22 a.m., ROSA contacted FIGUEROA, stated that he was en route, and asked to be texted the address. Surveillance was established and ROSA traveled to 48 Whiting Street in Lynn, MA, which is the same location where FIGUEROA had been located the previous evening, prior to traveling to meet ROSA. ROSA detected surveillance while en route back to Brockton. Once ROSA was back in the area, conversations were intercepted on target telephone # 1, which indicated that ROSA was once again distributing heroin. Based on the foregoing, I believe that either FIGUEROA delivered heroin to ROSA the night of November 14, 2010, which was not discovered at the time of the car stop, or ROSA picked up heroin from FIGUEROA on November 15, 2010. 62

C. 157.

ROSA’s Heroin Source of Supply – Carey MONTEIRO During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that Carey MONTEIRO was a heroin source of supply for ROSA. As detailed below, ROSA received finger quantities of heroin from MONTEIRO on several occasions, early in this investigation. On July 12, 2010, approximately two fingers of heroin was seized from Flavio OLIVEIRA, who was a heroin customer of MONTEIRO and who had received said heroin from MONTEIRO. The following

interceptions are examples of the heroin trafficking activities that occurred between ROSA and MONTEIRO during the charged conspiracy. i. 158. June 7, 2010, ROSA Received Eight Fingers of Heroin from MONTEIRO On June 7, 2010, a series of conversations were intercepted on target telephone # 1, during which ROSA requested “5" fingers of heroin from MONTEIRO and then an additional “3" fingers of heroin, for a total of eight fingers or 80 grams of heroin. MONTEIRO was surveiled making two separate deliveries to 19 West Chestnut Street, which was a residence of Virgilio ROSA, a criminal associate of ROSA, which I believe were the two separate deliveries of heroin. 159. On June 7, 2010, at approximately 2:42 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150580963. ROSA spoke to Virgilio ROSA. ROSA asked Virgilio ROSA where he was at and Virgilio ROSA stated “I’m about to get over there.” ROSA told Virgilio ROSA to go to his “crib so you can go meet that chick over there.” ROSA explained that “she should be there right now, and just be secret please she doesn’t want to be in that area.” I believe that ROSA was instructing Virgilio ROSA to go to his “crib” located at 19 West Chestnut Street because MONTEIRO was en 63

route to deliver five fingers of heroin to Virgilio ROSA, at West Chestnut. 160. On June 7, 2010, at approximately 2:43 p.m., an outgoing call was placed on target telephone # 1 to telephone number (857) 334-6102. ROSA spoke to MONTEIRO. ROSA asked MONTEIRO if she could “make it 5.” MONTEIRO stated that she could turn around. ROSA confirmed “5" and MONTEIRO agreed. At approximately 3:04 p.m., MONTEIRO stated that she would be there in five minutes. I believe that ROSA wanted five fingers of heroin and that MONTEIRO was going to deliver the five fingers or 50 grams of heroin to Virgilio ROSA, a criminal associate of ROSA. 161. On June 7, 2010, at approximately 3:20 p.m., surveillance observed a black Saab bearing Massachusetts Registration 54FW75 pull into the driveway of 19 West Chestnut Street. After about three minutes, the black Saab departed the driveway. The driver of the vehicle was observed to be a light skinned female in her late 20s or early 30s. I believe that the woman was MONTEIRO and that MONTEIRO traveled to 19 West Chestnut and delivered 5 fingers of heroin to Virgilio ROSA. 162. On June 7, 2010, at approximately 8:37 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 202-1163. ROSA spoke to MONTEIRO a/k/a UF1163. ROSA stated that “I want 3 more.” MONTEIRO stated that she would be there in 25 minutes. At approximately 9:14 p.m., MONTEIRO asked if anyone was there and ROSA stated that he would be there in one minute. MONTEIRO stated that she would be right there. I believe that ROSA wanted “3" more units of heroin from MONTEIRO and that MONTEIRO was delivering the heroin to ROSA at 19 West Chestnut Street. 163. On June 7, 2010, at approximately 9:20 p.m., surveillance observed a white Cadillac Escalade with Massachusetts registration number 593 CB2, known to be used by ROSA, pull 64

into the driveway at 19 West Chestnut Street. Approximately two to three minutes later a black Saab bearing Massachusetts Registration 54FW75 also pulled into the driveway of 19 West Chestnut Street. At approximately 9:50 p.m., the Escalade and Saab departed the driveway at 19 West Chestnut Street. I believe that MONTEIRO traveled to 19 West Chestnut and delivered 3 fingers of heroin to ROSA. ii. 164. June 8, 2010, ROSA Received Ten Fingers of Heroin from MONTEIRO On June 8, 2010, at approximately 7:58 p.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 202-1163. ROSA spoke to MONTEIRO. ROSA stated “I need 8.” MONTEIRO agreed. “Jose” stated that he needed it for “550" and to make sure it was good. MONTEIRO stated that the stuff last night wasn’t her. ROSA stated that it was “whacked.” MONTEIRO stated that “whenever I do it its good” and that she was doing it then and would be done in a half an hour. ROSA stated “do it real good and I’ll grab 10.” I believe that ROSA wanted “10" fingers of heroin for $550 each and that MONTEIRO was going to be available to deliver the heroin shortly. 165. On June 8, 2010, at approximately 9:43 p.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 202-1163. ROSA spoke to MONTEIRO. ROSA asked MONTEIRO whether she was still coming and MONTEIRO stated that she was coming right then. At approximately 10:03 p.m., MONTEIRO told ROSA that she would be there in “15 minutes.” At approximately 10:07 p.m., ROSA asked MONTEIRO to “swing to Danny’s place.” MONTEIRO asked the “hot spot” and stated that she would pick him up but would not go there. ROSA told MONTEIRO to call “him” and MONTEIRO confirmed that she had the number. ROSA stated that “he” knows what to give her. I believe that MONTEIRO delivered “10" fingers of heroin to 117 Menlo Street. 65

iii. 166.

June 20, 2010, ROSA Received Five Fingers of Heroin from MONTEIRO On June 20, 2010, at approximately 3:58 p.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 202-1163 – target telephone # 3. ROSA spoke to MONTEIRO. ROSA told MONTEIRO that he was trying to get “10" depending on the quality. MONTEIRO stated that she had “5" for you right now. MONTEIRO told ROSA to ask “Danny” how it was and explained that “I saw him last night.” ROSA stated that he was going to “grab a piece from him” and see. ROSA stated that he would call “Danny.” I believe that ROSA wanted “10" fingers of heroin or approximately 100 grams of heroin from MONTEIRO; that MONTEIRO had “5" or 50 grams of heroin available; that ROSA was concerned regarding the quality of the heroin; that MONTEIRO told ROSA to ask “Danny,” regarding the quality because MONTEIRO had given heroin to “Danny,” the previous evening; and that “Danny” is reference to Flavio OLIVEIRA.

iv. 167.

July 2, 2010, ROSA Received Five Fingers of Heroin from MONTEIRO On July 2, 2010, at approximately 11:52 a.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 331-7118 – MONTEIRO’s second telephone. ROSA spoke to MONTEIRO. ROSA told MONTEIRO to “bring me five.” MONTEIRO stated that she was busy but that she would be on her way as soon as she was done. I believe that ROSA wanted “five” units of heroin from MONTEIRO.

168.

On July 2, 2010, at approximately 2:50 p.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 331-7118 – MONTEIRO’s second telephone. ROSA spoke to MONTEIRO. ROSA asked MONTEIRO to bring “another six.” MONTEIRO stated that she could “give you four right now” and then come back later. MONTEIRO explained that the “rest of it is in Boston.” MONTEIRO stated that she would be there in two minutes. I 66

believe that ROSA wanted “six” fingers or approximately 60 grams of heroin; that MONTEIRO only had “four” fingers or 40 grams of heroin with her; and that MONTEIRO keeps or stashes her heroin somewhere in Boston. 169. On July 2, 2010, at approximately 2:51 p.m., an outgoing call was placed on target telephone # 2 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA stated that “the girl” only has “4" so “get 2 for you and 2 for Turbo.” BARBOSA explained that she was already there and that “he got 5 from her and she gave Turbo five, purchased with Turbo’s money.” ROSA stated that “she is bringing another 4, 2 for me and 2 for you” and that ROSA was going to call “Miguel” later. I believe that MONTEIRO delivered five fingers or fifty grams of heroin to “Turbo,” who is believed to be Virgilio ROSA; five fingers of heroin to BARBOSA; and that MONTEIRO was going to return with four additional fingers of heroin or 40 grams of heroin, 20 grams for ROSA and 20 grams for BARBOSA. v. 170. July 6, 2010, ROSA and BARBOSA Return Low Quality Heroin to MONTEIRO On July 6, 2010, at approximately 12:12 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA told BARBOSA that the stuff from ‘Miguel” is more brown and the girl’s is white. ROSA stated that the “girl’s stuff is no good.” In a subsequent call at approximately 12:21 p.m., BARBOSA told ROSA that “it’s garbage” and “I’ll put it all in a bag and call the girl.” I believe that “Miguel” is a reference to FERNANDES; that the “girl” is MONTEIRO; that ROSA had received heroin from FERNANDES and MONTEIRO; that the quality of the heroin from MONTEIRO was not as good as the heroin from FERNANDES; and that BARBOSA was going to call MONTEIRO and return the 67

heroin. 171. On July 6, 2010, at approximately 12:32 p.m., an incoming call was received on target telephone # 3 from telephone number (774) 259-7427. MONTEIRO spoke to BARBOSA. BARBOSA told MONTEIRO that the “shit is garbage.” BARBOSA explained that “it looks the same crushes the same when you cook it it turns white” and “there is no rush”. BARBOSA told MONTEIRO to come and get the “21/2.” I believe that MONTEIRO had delivered a quantity of heroin to BARBOSA; that BARBOSA had redistributed said heroin; that “Alexio’s” customers were complaining about the quality of the heroin; and that BARBOSA was going to return “21/2" or two and a half fingers of heroin to MONTEIRO. vi. 172. MONTEIRO’s Conversation Regarding Arrest of Flavio OLIVEIRA a/k/a “Danny” On July 12, 2010, at approximately 6:19 p.m., an outgoing call was placed on target telephone # 3 to telephone number (617) 830-2515. MONTEIRO spoke to UM2515. MONTEIRO told UM2515 that she had gone to see someone; that she had given “him two whole ones” and the police in Brockton “ran up on both of us.” I believe that MONTEIRO is referring to the stop and subsequent arrest of Flavio OLIVEIRA, who had approximately two fingers of a substance which field tested positive for the presence of heroin, in his possession as well as marijuana and a half a gram of cocaine. OLIVEIRA is not cooperating and has been released on bond. vii. September 8, 2010, MONTEIRO Contacts Target Telephone # 1 Regarding Sample of Heroin On September 8, 2010, at approximately 7:54 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 202-1163. BRANDAO, who was using ROSA’s telephone, spoke to MONTEIRO. MONTEIRO told BRANDAO “I need to drop him off a sample.” MONTEIRO stated that she would call back when she got to Brockton. I believe 68

173.

that MONTEIRO had a sample of heroin for ROSA and that she was going to deliver the sample of heroin. D. 174. ROSA’s Heroin Source of Supply – Virgilio ROSA During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that Virgilio ROSA has a heroin source of supply and that Virgilio ROSA was supplying large quantities of heroin to ROSA, for distribution. Also during the interception of target telephone # 1, there were interceptions which revealed that Virgilio ROSA was also a heroin customer of ROSA, who received quantities of heroin from ROSA for further distribution. As previously detailed in the FERNANDES section of this Affidavit, Virgilio ROSA was also a heroin customer of FERNANDES and on October 28, 2010, six fingers or 60 grams of heroin was seized from Virgilio ROSA. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and Virgilio ROSA during the charged conspiracy. i. August 22, 2010, ROSA and BARBOSA Receive Ten Fingers of Heroin from Virgilio ROSA and BARBOSA Distributed Five Fingers of Heroin to GOMES

175.

On August 20, 2010, at approximately 9:17 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150580963. ROSA spoke to Virgilio ROSA. ROSA asked Virgilio ROSA “if the dude still got the same stuff.” Virgilio ROSA stated that he “didn’t hit him up.” ROSA asked Virgilio ROSA to “set it up for tomorrow . . . 10 . . . try to get it for 5.” I believe that ROSA wanted Virgilio ROSA to reach out to his heroin source of supply; to try to get “10" fingers of heroin for $500 a finger.

176.

On August 21, 2010, at approximately 11:26 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150580963. ROSA spoke to Virgilio 69

ROSA. Virgilio ROSA stated that he didn’t get in touch “with the dude yet” . . . [w]hen I talk to him, I’m going to make that move.” I believe that Virgilio ROSA was trying to contact his heroin source of supply to obtain heroin for ROSA and that Virgilio ROSA was unable to reach the source of supply, so far. 177. On August 21, 2010, at approximately 11:53 a.m., an incoming call was received on target telephone #1 from target telephone # 8. ROSA spoke to GOMES. ROSA told GOMES that he was still waiting. GOMES told ROSA as soon as you get it because I got somebody waiting. I believe that GOMES wanted five fingers of heroin from ROSA and that ROSA was waiting for the heroin from Virgilio ROSA. 178. On August 21, 2010, at approximately 2:26 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150580963. ROSA spoke to Virgilio ROSA. Virgilio ROSA stated that he had “just talked to the dude” and was going to “go over there and grab it.” I believe that Virgilio ROSA had spoken to his heroin source of supply and that Virgilio ROSA was going to go meet with BARBOSA, get the money for the heroin, and get the heroin from the source of supply for ROSA. 179. On August 21, 2010, at approximately 3:46 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA told ROSA “I gave Turbo 55". ROSA stated that “you weren’t suppose to give him 55 you were suppose to give him 5250.” I believe that “Turbo” is Virgilio ROSA; that Virgilio ROSA had collected “55" or $5,500 from BARBOSA as payment for 10 fingers or 100 grams of heroin; and that ROSA indicated that BARBOSA should have paid Virgilio ROSA $5250 for the heroin because the heroin was being purchased for $525 a finger. 70

180.

On August 22, 2010, at approximately 9:51 a.m., an incoming call was received on target telephone # 8 from target telephone # 1. GOMES spoke to ROSA. ROSA told GOMES to go to Hunt Street “it was brought over late.” I believe that BARBOSA received ten fingers of heroin from Virgilio ROSA and that ROSA was telling GOMES that he could go get the heroin from BARBOSA.

181.

On August 22, 2010, at approximately 10:02 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA asked if “Turbo’s” stuff “is round.” BARBOSA stated that he didn’t even check how much “Turbo” brought. BARBOSA told ROSA “it’s all round and one piece, so I’ll break it and give him a finger.” ROSA told BARBOSA not to “break it, to give it to him the way it is . . . he’s buying five fingers.” ROSA told BARBOSA to “weigh it first.” I believe that BARBOSA received ten fingers or almost 100 grams of heroin from Virgilio ROSA and that ROSA was having BARBOSA weigh the heroin and then distribute five of the fingers or 50 grams of heroin to GOMES.

182.

On August 22, 2010, at approximately 10:06 a.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA stated that “one of them are 50.9 the other is 40.1.” ROSA told BARBOSA to give “him” the “50.1" and “the other one will have to be brought back.” I believe that BARBOSA weighed the heroin that he had received from Virgilio ROSA; that one package of heroin weighed 50.1 grams, which ROSA instructed BARBOSA to give to GOMES and the other package contained 40.1 grams of heroin and therefore, was going to be returned to Virgilio ROSA.

183.

On August 22, 2010, at approximately 10:09 a.m., an outgoing call was placed on target 71

telephone # 8 to target telephone # 1. GOMES spoke to ROSA. GOMES told ROSA to tell “Alex” to come outside. I believe that GOMES was at Hunt Street to pick up 50 grams of heroin from BARBOSA. 184. On August 22, 2010, at approximately 6:15 p.m., an outgoing call was placed on target telephone # 8 to target telephone # 1. GOMES spoke to ROSA. GOMES stated that the “thing today was short 5 grams.” At approximately 6:19 p.m., ROSA told GOMES that “the thing was not short 5 grams and GOMES stated “the whole thing does not weigh 50 dude.” I believe that GOMES received 50 grams of heroin from ROSA; that GOMES stated that the heroin was short 5 grams; that ROSA disputed the claim; and that GOMES explained that it did not weigh “50" grams. E. 185. ROSA’s Heroin Source of Supply – Justin TEIXEIRA During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that TEIXEIRA was a heroin source of supply for ROSA. On October 7, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 9, used by TEIXEIRA, which revealed that TEIXEIRA had a heroin source of supply and varied criminal associates/heroin customers. The information obtained from target telephone # 9 is detailed later in this Affidavit, in the TEIXEIRA portion of this Complaint Affidavit, including a November 2, 2010, heroin seizure from TEIXEIRA. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and TEIXEIRA during the charged conspiracy. i. 186. ROSA Received Twenty Fingers of Heroin from TEIXEIRA Facilitated by ANDRADE On September 25, 2010, at approximately 6:15 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150594296. ROSA spoke to 72

TEIXEIRA. TEIXEIRA asked ROSA “what you need another one?” ROSA stated “I don’t have anything.” At approximately 6:31 p.m., TEIXEIRA told ROSA that the “dude not around his cousins around, he only has 30 til Monday.” ROSA told TEIXEIRA “tell him to make it for 525.” TEIXEIRA explained that he wanted “550 each one.” ROSA asked TEIXEIRA to tell him “to make it 525 and we will take it all.” At approximately 6:53 p.m., TEIXEIRA said no deal. I believe that TEIXEIRA’s source of supply had “30" fingers of heroin available for distribution; that ROSA wanted to buy the heroin for “525" or $525 per finger of heroin; that TEIXEIRA’s source of supply wanted $550 per finger of heroin; that ROSA wanted to take all 30 fingers of heroin if the price was $525 per finger of heroin; and that TEIXEIRA’s source of supply was unwilling to sell the heroin for $525 a finger. 187. On September 25, at approximately 7:52 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150594296. ROSA spoke to TEIXEIRA. TEIXEIRA asked ROSA whether he wanted “that.” TEIXEIRA asked ROSA how much he wanted and ROSA said “at least 20". TEIXEIRA told ROSA “I don’t have enough to grab it.” ROSA told TEIXEIRA to give him a ½ an hour. I believe that TEIXEIRA wanted to know whether ROSA wanted “that” or the heroin; that ROSA wanted “20" or twenty fingers of heroin; and that TEIXEIRA did not have enough money, so that ROSA was going to have to provide the money for the heroin. 188. On September 25, 2010, at approximately 8:24 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150594540. ROSA spoke to Tiffany ANDRADE. ROSA told Tiffany ANDRADE to “grab 11". Tiffany ANDRADE said “how much did you say 11 hundred?” and ROSA said “no, $11,000.” Tiffany ANDRADE told ROSA to tell him to meet her at his house. At approximately 9:19 p.m., Tiffany ANDRADE 73

told ROSA that she “just gave Beckey the money.” I believe that ROSA wanted Tiffany ANDRADE to retrieve and deliver $11,000 to “Becky” or TEIXEIRA as payment for the 20 fingers of heroin at $550 a finger, that TEIXEIRA was getting from his source of supply. 189. On September 25, 2010, at approximately 9:27 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150594296. ROSA spoke to TEIXEIRA. TEIXEIRA told ROSA that “Tiffany” shorted him a stack but that he was about to count it. ROSA told TEIXEIRA that “it suppose to be 11.” At approximately 9:31 p.m, TEIXEIRA told ROSA that he had made a mistake and that “he has all the $11,000.” I believe that Tiffany ANDRADE delivered $11,000 to TEIXEIRA, which was payment for the 20 fingers of heroin. 190. On September 26, 2010, at approximately 10:27 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150594296. ROSA spoke to TEIXEIRA. TEIXEIRA told ROSA that he was waiting on the dude and that it should take about 15 minutes. ROSA confirmed “20" and TEIXEIRA affirmed. I believe that TEIXEIRA was waiting for the heroin to be delivered. 191. On September 26, 2010, at approximately 12:08 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 496-5255. ROSA spoke to Tiffany ANDRADE. ROSA asked Tiffany ANDRADE if she was alone and told Tiffany

ANDRADE “I need you to bring work home.” Tiffany ANDRADE asked “where am I getting it.” At approximately 12:29 p.m., ROSA told Tiffany ANDRADE that he was ready. ROSA explained that “he just got here.” ROSA told Tiffany ANDRADE that he was at “Minot.” I believe that ROSA was at Minot Street; that TEIXEIRA had delivered 20 fingers of heroin to ROSA; and that ROSA wanted ANDRADE to take the heroin home to 24 74

Central Street in Easton, Massachusetts. 192. On September 26, 2010, at approximately 12:41 p.m., an incoming call was received on target telephone # 1 from telephone number (774) 444-6122. ROSA spoke to BRANDAO. ROSA told BRANDAO “I am over here in the trap with about a half a thing.” BRANDAO asked “half a tank” and ROSA said “half a big thing.” I believe that ROSA received 20 fingers of heroin from TEIXEIRA and in excess of 10 fingers of heroin from FERNANDES and that ROSA had a “half a big thing” or 500 grams of heroin at Minot Street. F. 193. ROSA’s Source of Supply – Catherine WATTS During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that Catherine WATTS had a heroin source of supply and supplied ROSA with heroin on several occasions. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and WATTS during the charged conspiracy. i. July 26, 2010, ROSA and BRANDAO Receive At Least One Finger Sample of Heroin from WATTS On July 24, 2010, at approximately 4:27 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 694-1408. ROSA spoke to UF1408, later determined to be Catherine WATTS. WATTS asked ROSA if he was “looking for two fingers?” WATTS told ROSA that she was the person that he would be dealing with. ROSA stated that he had heard from Gregg that this stuff is really good. ROSA stated that he was trying to get it for “6". WATTS stated that she can’t do it for “6" do to the high quality. ROSA stated that he wanted a “direct steady source.” WATTS stated that he could get “two fingers everyday.” WATTS stated that she has people who come through for “5 everyday.” WATTS told ROSA that “her guy was ready to go now.” WATTS told ROSA that the 75

194.

lowest she can go is “750 each”. Later in the conversation, WATTS agreed to “700 each”. I believe that WATTS is a new source of supply for ROSA; that WATTS was prepared to deliver “two fingers” or 20 grams of heroin to ROSA; that ROSA wanted to pay “6" or $600 per finger of heroin; that WATTS stated that she wouldn’t take less than “7" or $700 a finger; and that WATTS has other customers who take five fingers of heroin a day. 195. On July 26, 2010, at approximately 10:11 a.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 694-1408. ROSA spoke to WATTS. WATTS asked ROSA if he was going to place an order. WATTS stated that her connection was Dominican; that she will sell him her connection; that ROSA needs to meet the connection and “he” has to feel comfortable with ROSA. WATTS explained that the “first order has to be small”; that her “connect refuses to meet him on the first deal” and that “after a few deals ROSA will be able to deal with him directly.” ROSA agreed to “two fingers” for $700. I believe that WATTS has a Dominican source of supply; that WATTS and her source of supply are willing to meet with and deal directly with ROSA in the future; that ROSA wanted two fingers of heroin or 20 grams; and that ROSA was willing to pay $700 a finger for the heroin. 196. On July 26, 2010, a series of conversations were intercepted on target telephone # 1 between ROSA and WATTS, during which ROSA and WATTS discussed the fact that ROSA was en route to meet WATTS. At approximately 12:22 p.m., WATTS told ROSA to park his vehicle in the parking lot of the supermarket and that she would come over and meet him. WATTS explained that she would be standing in front of Johnnie’s Food Master and that she would be wearing a blue shirt and black pants. I believe that ROSA was meeting WATTS to receive a quantity of heroin. 76

197.

On July 26, 2010, at approximately 12:35 p.m., surveillance observed a black BMW X5, known to be used by ROSA, enter the Johnnie’s Food Master parking lot. Agents observed an unknown female wearing the clothing described by the woman on the telephone, later identified as WATTS, get into ROSA’s vehicle. WATTS exited the vehicle a few minutes later and headed towards 25 Beacon Street in Somerville, MA.

198.

On July 26, 2010, at approximately 12:36 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 694-1408. ROSA spoke to WATTS. WATTS told ROSA to come into the lobby of “25 Beacon Street and buzz apartment # 27. Shortly thereafter, surveillance observed ROSA and BRANDAO park their vehicle and enter 25 Beacon Street. At approximately 1:19 p.m., ROSA and BRANDAO were observed exiting 25 Beacon Street and proceed to the BMW. Based on the foregoing, I believe that ROSA and BRANDAO picked up a quantity of heroin from WATTS at 25 Beacon Street, Apt. # 27, in Somerville, Massachusetts.

199.

On July 26, 2010, at approximately 7:59 p.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 694-1408. ROSA spoke to WATTS. ROSA told WATTS that ‘I took the tape off it was like 9 grams.” WATTS responded that “I’ll let him know he’ll just bring it next time.” I believe that WATTS delivered a quantity of heroin, in fingers to ROSA, and that at least one of the fingers was “9 grams” of heroin, instead of 10 grams of heroin. I believe that WATTS was stating that “him” or her source of supply would make up the difference, the next time they conducted a transaction.

ii. 200.

September 2, 2010, ROSA Received Ten Fingers of Heroin from WATTS On September 2, 2010, at approximately 11:53 a.m., an outgoing call was placed on target telephone # 1 to telephone number (617) 694-1408. ROSA spoke to WATTS. WATTS told 77

ROSA that “I already talked to my guy, he’s ready with whatever you need, I told him you might grab ten and he said that whatever you need he’s got.” At approximately 12:57 p.m., WATTS told ROSA “talked to my guy and he would do ten for six.” ROSA stated “perfect I’m taking it.” WATTS said “you want ten” and ROSA stated that he would be there in an hour and a half or an hour. At approximately 12:58 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 694-1408. ROSA spoke to WATTS. WATTS stated “I just wanted to make sure . . . but you meant 10 like a 100 right. ROSA said yeah. I believe that WATTS source of supply was willing to supply ten fingers or “100" grams of heroin for $600 for each finger and that ROSA was going to take the heroin. 201. On September 2, 2010, at approximately 4:29 p.m., ROSA told WATTS that he was jumping on the highway and that he would be there in about an hour. At approximately 5:11 p.m., ROSA told WATTS that he was passing exit 13 by Dorchester. I believe that ROSA was en route to meet with WATTS and receive the ten fingers of heroin. 202. On September 2, 2010, a series of conversations were intercepted between ROSA and UM6963, who is a heroin customer of ROSA. Initially, at approximately 6:01 p.m., ROSA told UM6963 that it would be an hour, then at approximately 7:05 p.m., ROSA told UM6963 that it was going to be 30 minutes, and then at 8:37 p.m., ROSA told UM6963 that it was going to be 10 minutes. I believe that ROSA was in Somerville meeting with WATTS and receiving the heroin and that after ROSA received the heroin he traveled back to Brockton and was able to begin delivering heroin to his customers, including UM6963. G. 203. ROSA’s Criminal Associate – Tiffany Marie ANDRADE During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that Tiffany ANDRADE was the girlfriend of ROSA as well 78

as a criminal associate of ROSA, who delivered money to criminal associates for the purchase of heroin; transported heroin; and packaged heroin for distribution, in furtherance of the conspiracy. The following interceptions are examples of the heroin trafficking

activities that occurred between ROSA and Tiffany ANDRADE during the charged conspiracy. i. 204. September 9, 2010, Tiffany ANDRADE Processes Heroin for ROSA On September 9, 2010, at approximately 5:54 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 496-5255. ROSA spoke to Tiffany ANDRADE. ROSA asked Tiffany ANDRADE if she was home and Tiffany ANDRADE stated she was pulling in. ROSA told Tiffany ANDRADE that he needed her to “make 3.4 of that thing” and explained “get a piece of paper to scoop it up with . . . 3.4 of that and .4 of the brown.” Then at approximately 6:07 p.m., ROSA told Tiffany ANDRADE for the brown “make it .5 try to get it rocky if you can.” I believe that Tiffany ANDRADE was processing heroin for ROSA to distribute. ii. September 16, 2010, ANDRADE Delivered Money to FERNANDES for Heroin and Received Fifteen Fingers of Heroin As previously detailed in Section II, A, v, of this Affidavit, on September 16, 2010, ROSA requested “fourteen to fifteen” fingers of heroin from FERNANDES; ROSA asked ANDRADE to deliver “8425" and deliver it to “Miguel”, which was the cost of the heroin; ANDRADE delivered the money to FERNANDES; and when ANDRADE delivered the money to FERNANDES, ANDRADE received and transported the fifteen fingers of heroin. iii. September 25, 2010, ANDRADE Delivered Money to TEIXEIRA for Heroin and Transports Heroin As previously detailed in Section II, E, i, of this Affidavit, on September 25, 2010, ROSA 79

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requested “at least 20" fingers of heroin from TEIXEIRA; TEIXEIRA stated “I don’t have enough to grab it”; ROSA contacted ANDRADE and asked her to “grab 11"; ANDRADE said “how much did you say 11 hundred?” and ROSA said “no, $11,000.”; ANDRADE told ROSA that she “just gave Beckey the money”; that TEIXEIRA delivered twenty fingers of heroin to ROSA; and then ROSA told ANDRADE to “I need you to bring work home”, which I believe was a reference that ROSA needed ANDRADE to transport the heroin. iv. September 30, 2010, Conversations Between ROSA and ANDRADE Regarding Narcotics Proceeds On September 30, 2010, a series of direct connect conversations occurred between ROSA and Tiffany ANDRADE. During the course of the conversations, ANDRADE stated “that 30 grand is mine, I’m keeping it . . . [a]nd I’m gonna take your gun and I’m gonna put it in your car. ANDRADE stated “you ain’t got evidence it’s yours because it’s drug money . . . [n]ow I got 30 g’s.” Later in the conversation, ROSA told ANDRADE to “put all his stuff together and to give his mom his money.” ANDRADE stated that she will give everything to his mother “but the inappropriate stuff she will put in . . . the vehicle.” I believe that ROSA and ANDRADE were having an argument and that ANDRADE made statements that there was $30,000 which was drug proceeds and a gun at ROSA’s apartment. v. 208. October 6, 2010, ANDRADE Delivered Money to ROSA and BRANDAO for Heroin Interceptions revealed that on October 6, 2010, ROSA received 25 fingers of heroin from UM7907. During the course of that heroin transaction, ROSA requested and ANDRADE delivered money, which was a portion of the payment for the heroin. On October 6, 2010, at approximately 3:21 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150594540. ROSA spoke to Tiffany ANDRADE. ROSA told ANDRADE “I need 92" and ANDRADE clarified “92 individual C notes or 80

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9200.” ROSA stated that it was the same thing. ANDRADE asked ROSA where she was going and ROSA stated “come to Dany’s crib.” I believe that ROSA wanted ANDRADE to deliver “92" or $9,200 to ROSA at “Dany’s” or Dany BRANDAO’s house, so that ROSA could take the money and pay for the heroin that he was going to be getting from UM7907. vi. November 3, 2010, Delivery of Four Fingers of Heroin to ANDRADE at 24 Central Street in Easton, MA As previously detailed in Section II, Part B, i, on November 3, 2010, ANDRADE took delivery of four fingers of heroin from a criminal associate of FIGUEROA, as FIGUEROA waited in the car. H. 210. ROSA’s Criminal Associate – Claudio ARAUJO a/k/a UM9889 a/k/a UM0389 During the course of the interception of target telephone # 1, numerous conversations were intercepted between ROSA and Claudio ARAUJO, in which ROSA and ARAUJO conducted narcotics trafficking activities. As detailed below, ARAUJO sent heroin customers to ROSA for heroin and ARAUJO received heroin from ROSA for further distribution. Conversations were also intercepted on target telephone # 8, used by GOMES, which indicated that ARAUJO received heroin from GOMES, and on target telephone # 6, used by FERNANDES, which indicated that ARAUJO received heroin from FERNANDES. The following are summaries of some of the conversations that have been intercepted during the course of this investigation. i. Claudio ARAUJO Received Heroin from ROSA and Sends Heroin Customers to ROSA for Heroin On August 26, 2010, at approximately 1:51 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010150560389. ROSA told ARAUJO “finger for 7". ROSA explained “I have to charge 7". ARAUJO told ROSA “your crazy I 81

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send Alex plays all the time, I’m sending you a play and then I re-up from who else? You.” ROSA stated “I want the 7 for a finger”. At approximately 1:58 p.m., ARAUJO told ROSA “the play was there”. ROSA asked “what do they want” and ARAUJO said “2". ROSA stated that he was pulling up. I believe that ARAUJO was admitting that he was sending heroin “plays” or customers to ROSA and BARBOSA. I also believe that ARAUJO and ROSA were discussing the price of a finger of heroin, which ARAUJO, based on subsequent conversations, purchased from ROSA for $650. 212. On August 29, 2010, at approximately 3:19 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 375-8346. ARAUJO told ROSA to go to third and ROSA asked “you got three people there and ARAUJO stated “it’s three pieces.” ROSA told ARAUJO to send “them to Hamilton.” I believe that ARAUJO was sending heroin “plays” or customers to ROSA. 213. On August 29, 2010, at approximately 4:26 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150560389. ARAUJO told ROSA “I got this other play for ½ finger”. ROSA asked ARAUJO “you want a finger too” and ARAUJO stated “just a ½ I still got 4 things left 4 grams.” At approximately 6:12 p.m., ARAUJO told ROSA that he was about to be on Hamilton to pick up the ½. At approximately 6:33 p.m., ROSA asked ARAUJO if he wanted “pieces instead” and ARAUJO asked “how much do you make out of a half” and ROSA answered “14, 13.” At approximately 6:38 p.m., ROSA told ARAUJO that he would give him “15 40s already bagged up to make his life easier.” I believe that ARAUJO was sending a heroin “play” or customer to ROSA and that ARAUJO was buying a half a finger of heroin from ROSA, which was bagged and ready for further distribution. 82

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On August 31, 2010, at approximately 3:43 p.m., an incoming call was received on target telephone # 1 from a telephone with IMS number 316010150560389. ARAUJO told ROSA “I’m sending one your way for 3 browns.” ARAUJO also stated “I need a half I’m about to come pick it up you got it with you. ROSA stated that he would call when he got to Menlo. I believe that ARAUJO was sending heroin “plays” or customers to ROSA and that ARAUJO was going to Menlo Street to pick up a “half” a finger of heroin.

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On September 15, 2010, at approximately 4:00 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 375-8346. ARAUJO told ROSA “same people in the Audi about to go to Minot”. ROSA said not to send them there and explained that the landlord was there. ROSA asked what they wanted and ARAUJO said “[p]robably 4 more”. ROSA to ARAUJO to send them to Menlo. I believe that ARAUJO was sending heroin “plays” or customers to ROSA.

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On September 16, 2010, at approximately 12:37 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 375-8346. ARAUJO asked ROSA “[w]here should I send him” and ROSA asked who. ARAUJO said “the dude yesterday wants 4 and the girl wants 2". ROSA said to send the dude to Menlo. I believe that ARAUJO was sending heroin “plays” or customers to ROSA.

ii. 217.

Claudio ARAUJO Received Heroin from FERNANDES On September 25, 2010, at approximately 8:53 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 375-8346. FERNANDES spoke to ARAUJO. ARAUJO told FERNANDES “I have a play for you right now for a half.” FERNANDES agreed. ARAUJO stated that its for “JA” who has a car and will meet him. I believe that ARAUJO was sending heroin “plays” or customers to FERNANDES. 83

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On September 27, 2010, at approximately 4:54 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 375-8346. FERNANDES spoke to ARAUJO. ARAUJO told FERNANDES “a whole one”. FERNANDES stated that he would swing through in ten minutes and ARAUJO stated “I’ll give you 600.” I believe that FERNANDES was going to deliver one finger of heroin to ARAUJO and that ARAUJO was going to pay FERNANDES $600.

iii. 219.

Claudio ARAUJO Received Heroin from GOMES On August 6, 2010, at approximately 6:03 p.m., an incoming call was received on target telephone # 8 from telephone number (774) 259-9889. GOMES spoke to ARAUJO. ARAUJO asked GOMES if he sold “fingers”. GOMES stated “I’ll sell one for $650.” ARAUJO stated that he would tell the guy. I believe that ARAUJO wanted to know whether GOMES would sell a “finger” or 10 grams of heroin; that GOMES was willing to sell a finger; that the price for the finger was $650; and that ARAUJO was going to check with his associate to determine whether the associate wanted the finger of heroin.

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On August 6, 2010, at approximately 6:06 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 259-9889. GOMES spoke to ARAUJO. ARAUJO stated “he wants a ½ a finger.” GOMES and ARAUJO discussed where GOMES should deliver. I believe that ARAUJO's associate wanted “½ a finger” or 5 grams of heroin.

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On August 7, 2010, at approximately 1:27 p.m., an incoming call was received on target telephone # 8 from telephone number (774) 259-9889. GOMES spoke to ARAUJO. ARAUJO told GOMES “I need half a finger.” GOMES told ARAUJO to go to Hunt Street. I believe that ARAUJO wanted a “half a finger” or 5 grams of heroin.

222.

On August 7, 2010, at approximately 1:27 p.m., an outgoing call was placed on target 84

telephone # 8 to telephone number (508) 408-3507. GOMES spoke to UM3507, later identified as Ivan FONSECA. GOMES told FONSECA to “make 5 grams and the boy will be there in a few.” I believe that FONSECA was being instructed to prepare 5 grams of heroin and to give said heroin to ARAUJO or a friend of ARAUJO. I. 223. ROSA’s Criminal Associate – Alessio BARBOSA During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that BARBOSA was a criminal associate of ROSA. Interceptions revealed that BARBOSA received quantities of heroin, packaged said heroin, distributed the heroin, and collected narcotics proceeds, at the direction of ROSA and independently. Interceptions also revealed that BARBOSA carried a weapon and

participated in a violent act against a criminal associate of BARBOSA and ROSA. As previously discussed, interceptions of target telephone # 6 also revealed that BARBOSA was a multi-finger heroin customer of FERNANDES. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and BARBOSA during the charged conspiracy. i. BARBOSA Received Heroin from FERNANDES for ROSA on July, 10, 2010, August 5, 2010, August 11, 2010, and August 21, 2010 As detailed in Section II, Part A, i,ii,iv, on July 10, 2010, August 5, 2010, and August 21, 2010, BARBOSA facilitated a multi-finger heroin transaction between ROSA and FERNANDES, including the receipt of the heroin, payment of money for the heroin; and/or further distribution of the heroin. ii. 225. BARBOSA Received Heroin from MONTEIRO for ROSA on July 2, 2010 and July 6, 2010 As detailed in Section II, Part C, iv, v, on July 2, 2010 and July 6, 2010, BARBOSA facilitated a multi-finger heroin transaction between ROSA and MONTEIRO, including the 85

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receipt of the heroin, payment of money for the heroin; and/or further distribution of the heroin. iii. 226. BARBOSA Received Heroin from Virgilio ROSA for ROSA on August 22, 2010 As detailed in Section II, Part D, i, on August 22, 2010, BARBOSA facilitated a multi-finger heroin transaction between ROSA and Virgilio ROSA, including the receipt of the heroin, payment of money for the heroin; and/or further distribution of the heroin. iv. 227. July 2, 2010, BARBOSA Distributed Heroin for ROSA On July 2, 2010, at approximately 11:47 a.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to TAMULEVICH. TAMULEVICH told ROSA that he would be in the driveway in 1 minute. I believe that TAMULEVICH was going to arrive at 117 Menlo Street to obtain a quantity of narcotics from an associate of ROSA. At approximately 11:48 a.m., an outgoing call was placed on target telephone # 1 to IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA told BARBOSA to make “Tiny” a “3.7" from the “girl’s stuff” and a “3 grams white” and he is going to be outside in one second. At approximately 11:50 a.m., an outgoing call was placed on target telephone # 1 to IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA asked BARBOSA whether he had a “½ finger of the girls stuff.” BARBOSA stated no and explained “its all bagged up.” ROSA instructed BARBOSA to “make 5 grams from the dark brown stuff that I came with.” ROSA explained that he wanted to give “Tiny” the “girls stuff.” BARBOSA stated that he didn’t have the “girls stuff” because “its all bagged up.” ROSA told BARBOSA to “get 4 grams and put it in one bag.” BARBOSA asked “for Tiny” and ROSA affirmed. At the end of the conversation, ROSA told BARBOSA that “we will have another half in 20 minutes.” I believe that this 86

conversation concerned a pending delivery of narcotics from BARBOSA to TAMULEVICH; that ROSA was instructing BARBOSA to give “Tiny” or TAMULEVICH the “girls stuff” or possibly heroin provided by MONTEIRO; that BARBOSA had “bagged” or prepared all the heroin to be distributed; that ROSA instructed BARBOSA to put “4 grams” of heroin together for “Tiny”; and that ROSA indicated that he was going to get an additional quantity of heroin within the next 20 minutes. v. 228. BARBOSA’s Use of Gun in Furtherance of Narcotics Trafficking On July 13, 2010, at approximately 10:02 p.m., an incoming call was received on target telephone # 5 from telephone number (774) 259-7427. BRANDAO spoke to BARBOSA. BARBOSA and BRANDAO discuss the fact that BARBOSA was moving. BRANDAO told BARBOSA that he was moving to a place with “shootings and drug dealing.” BARBOSA stated that “where I go my hammer goes with me.” I believe that BARBOSA. carries his “hammer” or gun with him, during the course of his narcotics trafficking activities. vi. July 21, 2010, Violence by ROSA, BARBOSA, and BRANDAO Against Mark Stubbs, in Furtherance of Narcotics Trafficking Activities On July 21, 2010, a series of conversations were intercepted which revealed that ROSA believed that Mark Stubbs, a small time heroin customer of ROSA, had stolen narcotics proceeds from ROSA and that ROSA and BARBOSA committed a violent act against Mark Stubbs. 230. On July 21, 2010, at approximately 8:24 p.m., an incoming call was received on target telephone # 5 from telephone number (508) 496-5255. BRANDAO spoke to ROSA, who was using Tiffany’s telephone. ROSA told BRANDAO that “Mark” got me. ROSA explained that he had stashed “4G’s” . . . “at the crib in Stoughton” and that “a piece of the 87

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sheetrock missing . . . so I know for a fact he went there . . . we got to . . . bring him to Hunt Street we will go with the thing and take all the money he has on him right now.” I believed, based on this conversations and others, that ROSA suspected that Mark STUBBS had stolen cash from ROSA, which was narcotics proceeds and that ROSA wanted BRANDAO to bring a “thing” or a gun, meet with ROSA, and threaten/harm “Mark” STUBBS, in an attempt to get ROSA’s money back from Mark STUBBS. 231. Even though numerous law enforcement actions were taken, a violent act was committed on Mark Stubbs. On July 21, 2010, at approximately 10:00 p.m., police officers were at the scene in the area of 215 Court Street. Upon arrival, the officers observed five males, three of whom left the area, without identification. Shortly thereafter, Mark STUBBS came walking out of the rear door. He was bleeding from the forehead and yelling ‘I can’t believe this shit, these motherfuckers would think I would rob them.” Gregory STUBBS, who was present yelled to him “the police are standing right here.” Mark STUBBS then saw the police and began to say that he had gotten into an argument with his friend while playing video games and was sucker punched. Mark STUBBS refused medical attention and refused to provide any more information. Mark STUBBS yelled about the location of his keys and telephone and Alessio BARBOSA brought the keys to Mark STUBBS. 232. On July 21, 2010, at approximately 10:57 p.m., an outgoing call was placed on target telephone # 5 to target telephone # 1. BRANDAO spoke to BARBOSA. BARBOSA told BRANDAO “we had him up here, we broke his nose and everything.” BRANDAO asked “Gregg’s brother” and BARBOSA affirmed. BRANDAO asked if he called the cops and BARBOSA explained that “no, when everything finished and we were taking them out of here, police grabbed them out back when they were going to their cars.” BARBOSA stated 88

that he was “clean the blood.” BRANDAO asked “you guys beat up Mark” and BARBOSA said “yeah.” I believe that ROSA and BARBOSA beat up Mark STUBBS in an attempt to get narcotics proceeds back from STUBBS, which ROSA believed that STUBBS had stolen from ROSA. vii. 233. August 13, 2010, BARBOSA and ROSA Discuss Potential Death Threat Against “Jigga” On August 13, 2010, at approximately 9:01 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. ROSA told BARBOSA that “he knows where Jigga is everyday.” ROSA explained that he had someone looking for “Jigga” and that “Jigga” works 3-11 somewhere in East Bridgewater. ROSA told BARBOSA that “we should go get him at work.” BARBOSA stated that they “will shoot him up blast him with bullets block him shoot him right in his car . . . shoot him twice in the head then put two more in his head and then we bounce.” ROSA stated that “I bought something crazy too the other day.” BARBOSA told ROSA not to talk on the phone “when we see each other we will plan it.” J. 234. ROSA’s Criminal Associate – Dany BRANDAO During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that BRANDAO was a criminal associate of ROSA, who was sometimes a heroin source of supply for ROSA and at times a heroin customer of ROSA as well as a person who assisted ROSA in the receipt and distribution of heroin. As previously detailed in the section of Alessio BARBOSA, interceptions also revealed that BRANDAO was going to bring a gun and participate in a violent act against Mark Stubbs, a heroin customer of ROSA. On July 1, 2010, the Honorable Richard G. Stearns, authorized the interception of target telephone # 5, used by BRANDAO. Interceptions further revealed that 89

BRANDAO had an independent heroin source of supply, specifically UM7396; that BRANDAO received multi-finger quantities of heroin from UM7396; and that on September 2, 2010, two fingers of heroin were seized from David Eaton, who was a heroin customer of UM7396. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and BRANDAO and BRANDAO and UM7396, as applicable, during the charged conspiracy. UM7396 is not presently the subject of this Affidavit. i. 235. June 4, 2010, BRANDAO Received and/or Distributed Heroin for ROSA On June 4, 2010, at approximately 8:41 a.m., an incoming call was received on target telephone # 1 from telephone number (781) 738-1157. ROSA spoke to UF1157.1 UF1157 asked ROSA whether she could come and “grab.” ROSA stated that she had to go to “Brockton.” UF1157 stated that she was in Brockton. ROSA asked UF1157 whether she was waiting for “one.” At approximately 8:43 a.m., an outgoing call was placed on target telephone # 1 to telephone number (774) 444-6122 – target telephone # 5. ROSA spoke to BRANDAO. ROSA stated “2-40 on third.” BRANDAO stated “of what” and ROSA stated “brown.” At approximately 8:48 a.m., ROSA spoke to BRANDAO. ROSA stated that “she got there right now.” BRANDAO asked “how much does she want 2" and ROSA affirmed. I believe that BRANDAO is a criminal associate of ROSA; that ROSA wanted BRANDAO to deliver “2" units of a “40" bag of heroin to UF1157; and that BRANDAO did in fact, deliver the heroin to UF1157. ii. 236. July 6, 2010, BRANDAO Received and/or Distributed Heroin for ROSA On July 6, 2010, at approximately 7:38 p.m., an incoming call was received on target

UF1157 is not named as a target of this investigation at this time, because UF1157 is believed to be a small time user of heroin and as such, is not the focus of this investigation. 90

1

telephone # 5 from target telephone # 1. BRANDAO spoke to ROSA. ROSA told BRANDAO to make “six forties.” ROSA explained that “I got two people going over there for three.” ROSA told BRANDAO that he would call when they get there. At

approximately 7:45 p.m., ROSA told BRANDAO to “bring those six outside.” BRANDAO confirmed that it was “two different people” and ROSA affirmed. At approximately 8:09 p.m., ROSA told BRANDAO to bring “four of brown” outside. I believe that ROSA was instructing BRANDAO to distribute heroin to customers who were coming to meet BRANDAO. 237. On July 6, 2010, at approximately 8:15 p.m., an incoming call was received on target telephone # 5 from telephone number (774) 259-9635. BRANDAO told the unknown male that he was “at Menlo bagging up like a slave.” I believe that BRANDAO was preparing and distributing heroin at 117 Menlo Street. iii. 238. September 8. 2010, BRANDAO Received and/or Distributed Heroin for ROSA On September 8, 2010, at approximately 12:56 p.m., an outgoing call was placed on target telephone # 1 to telephone number (774) 444-6122. ROSA spoke to BRANDAO. ROSA asked BRANDAO “ did you break up all the fingers or do you have one that isn’t broken yet.” BRANDAO explained that “I got one that isn’t broken yet.” ROSA told BRANDAO to “make two halves and they’ll give you $800 and I’ll bring you the two that I have on me.” I believe that ROSA wanted BRANDAO to deliver “two halves” or 10 grams of heroin to PARSONS, and that PARSONS was going to pay BRANDAO $800 for the heroin. iv. 239. October 6, 2010, BRANDAO Received and/or Distributed Heroin for ROSA As previously discussed in this Affidavit, on October 6, 2010, ROSA and BRANDAO received 25 fingers of heroin from UM7907. During the course of that heroin transaction, 91

ROSA requested and ANDRADE delivered money, which was a portion of the payment for the heroin to “Dany’s crib.” Conversations were then intercepted that ROSA and

BRANDAO went to Lawrence to meet with UM7907, deliver the money for the heroin, and receive the heroin from UM7907. During the transaction, ROSA spoke to BRANDAO. And stated “he went inside . . . don’t know he is about to come out . . . he went in with the dough . . . everytime I call him he says he is about to come.” v. July 6, 2010, BRANDAO Received Two Fingers of Heroin from UM7396 And Attempts to Deliver to BARBOSA On July 6, 2010, at approximately 12:12 p.m., an incoming call was received on target telephone # 5 from telephone number (857) 445-7396. BRANDAO spoke to UM7396. UM7396 asked BRANDAO when he would be there and BRANDAO asked “which one you got.” UM7396 stated that it was “the same shit” and that he was going to meet “with the guy right now he gonna give it to me.” At approximately 1:33 p.m., BRANDAO asked UM7396 whether he “already got it” and UM7396 stated that it got it then and BRANDAO asked it was “the soft shit with the peppers” and UM7396 stated that it looks the same. At approximately 2:36 p.m., UM7396 told BRANDAO that he is there and BRANDAO stated “I’m coming in.” I believe that UM7396 is a source of supply for BRANDAO; that

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UM7396 had received narcotics from his source of supply; that the narcotics were similar in appearance to narcotics that BRANDAO had received from UM7396 before; and that BRANDAO was going to go get the narcotics from UM7396. 241. On July 6, 2010, at approximately 4:01 p.m., an outgoing call was placed on target telephone # 5 to telephone number (774) 259-7427. BRANDAO spoke to BARBOSA. BRANDAO asked BARBOSA to “come downstairs so I can give you the shit to put upstairs real quick.” BARBOSA asked BRANDAO “what you have” and BRANDAO responded “two fingers.” 92

BARBOSA told BRANDAO to put it at his house. BARBOSA stated that he was not at the crib. I believe that BRANDAO received two fingers of heroin from UM7396; that BRANDAO wanted to store the heroin at 117 Menlo Street with BARBOSA; that BARBOSA was not present and refused; and that, as observed, on the pole camera, BRANDAO then left the area of 117 Menlo Street. vi. 242. August 24, 2010, BRANDAO Requests Three Fingers of Heroin from ROSA On August 24, 2010, at approximately 7:08 p.m., an incoming call was received on target telephone # 1 from telephone number (774) 444-6122. ROSA spoke to BRANDAO. BRANDAO told ROSA “I want 3". I believe that BRANDAO wanted “3" fingers of heroin from ROSA. vii. 243. September 13, 2010, BRANDAO Requests Three Fingers of Heroin from TEIXEIRA On September 13, 2010, at approximately 5:19 p.m., an incoming call was received on target telephone # 1 from telephone number (774) 444-6122. ROSA spoke to BRANDAO. BRANDAO asked ROSA where he was and ROSA said Menlo. BRANDAO asked ROSA if “Miguel out of commission or you just . . . with Becky.” BRANDAO explained “I need another three if you want me to hit him up I will.” ROSA stated that “he is here with me.” BRANDAO asked for another “3". ROSA told BRANDAO “he said 650.” ROSA told BRANDAO that “he” said he will be there in ten minutes. BRANDAO stated that he was at his crib on Kenwood. I believe that TEIXEIRA was with ROSA on Menlo Street; that BRANDAO wanted an additional “three” fingers of heroin; and that TEIXEIRA was going to deliver the heroin to BRANDAO on Kenwood Street. K. i. ROSA’s Criminal Associate – Alector GONCALVES November 2, 2010, GONCALVES Distributed Narcotics to ROSA’s Customers 93

244.

On November 2, 2010, at approximately 7:26 p.m., an outgoing call was placed on target telephone # 1 to telephone number (508) 562-8091. ROSA spoke to GONCALVES. ROSA told GONCALVES that he had a play for “2 white 1 brown”. GONCALVES stated “I have it. Send it.” GONCALVES told ROSA “send them to my house.” I believe that ROSA had a customer that wanted a small quantity of “white” or cocaine and “brown” or heroin; that ROSA wanted to know whether GONCALVES had the drugs available for delivery; that GONCALVES indicated that he had the drugs; that GONCALVES wanted the delivery to occur at his house, which is known to be located at 16 Forest Avenue in Brockton; and that ROSA was going to send his customer to GONCALVES house to receive narcotics.

245.

On November 2, 2010, at approximately 7:37 p.m., an outgoing call was placed on target telephone # 1 to telephone number (857) 247-3667. ROSA spoke to UM3667. ROSA asked UM3667 whether he knew where “Forest Avenue” and gave UM3667 directions to house number “16" on Forest Avenue. ROSA told UM3667 to pull all the way in the driveway.

246.

On November 2, 2010, at approximately 7:46 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010102257746. ROSA spoke to GONCALVES and told GONCALVES the “dude’s going upstairs right now for the white and brown.” I believe that UM3667 was at 16 Forest Avenue and was walking up the stairs to meet with GONCALVES and receive narcotics.

ii. 247.

November 4, 2010, GONCALVES Distributed Narcotics to ROSA’s Customers On November 4, 2010, at approximately 8:17 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010102257746. ROSA spoke to GONCALVES. ROSA asked GONCALVES “do you want to play for 40" and 94

GONCALVES told ROSA “send them to my house.” I believe that ROSA was going to send a heroin customer to GONCALVES te receive a small quantity of heroin. 248. On November 4, 2010, at approximately 8:31 p.m., an incoming call was received on target telephone # 1 from telephone number (617) 694-6696. ROSA spoke to UM6696. UM6696 stated “I am at 16 Forest Ave.” ROSA asked if the black Escalade was in the driveway and UM6696 affirmed. ROSA told UM6696 to “go up to the third floor and knock on the door” and “tell him J sent you”. I believe that ROSA was directing his customer to the residence of GONCALVES, which is 16 Forest Avenue, third floor, in order for UM6696 to receive heroin. L. 249. ROSA’s Criminal Associate – Nine SILVEIRA During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that SILVEIRA was a criminal associate of ROSA, who delivered heroin on behalf of ROSA, who was a heroin customer of ROSA, and who collected money as proceeds from the sale of heroin for ROSA. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and SILVEIRA during the charged conspiracy. i. 250. October 3, 2010, Nine SILVEIRA Distributed Heroin for ROSA On October 3, 2010, a series of conversations were intercepted on target telephone # 1 and a telephone with IMS number 316010162857119, during which ROSA tasked Nine SILVEIRA to make “plays” or distribute heroin to ROSA’s heroin customers. For example, at 1:08 p.m., ROSA told SILVEIRA “I got tons of plays” and SILVEIRA told ROSA “I’m about to back to my crib and grab it now . . . the street near the bakery.” At approximately 1:59 p.m., ROSA told SILVEIRA “dude is about to be over there for 3". At approximately 95

2:15 p.m., ROSA stated “a play for 2" and SILVEIRA asked “can I bring him a gram”. At approximately 3:04 p.m., ROSA asked SILVEIRA “how many pieces you got left” and SILVEIRA answered “9 40's”. I believe that the above referenced conversations concerned small quantities of heroin and that SILVEIRA was distributing heroin for ROSA. ii. 251. November 2, 2010, SILVEIRA Received Half a Finger of Heroin from ROSA On November 2, 2010, at approximately 4:55 p.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162857119. ROSA spoke to Nine SILVEIRA. SILVEIRA told ROSA “that is not a half”. ROSA asked “what was it” and SILVEIRA explained that “I only bagged up . . . 480 out of that . . . feels like a good 3 ½ grams or something.” ROSA explained “I made a gram, a gram, a gram and . . . 1.5 40 which is exactly half a finger, a little less than half a finger. I believe that SILVEIRA had received a half a finger of five grams of heroin from ROSA; that SILVEIRA had bagged up the heroin for redistribution; and that SILVEIRA believed that he did not get the whole 5 grams of heroin. iii. 252. November 5, 2010 and November 6, 2010, SILVEIRA Distributed Heroin for ROSA On November 5, 2010, a series of conversations were intercepted on target telephone # 1 and a telephone with IMS number 316010162857119, during which ROSA tasked Nine SILVEIRA to make “plays” or distribute heroin to ROSA’s heroin customers. For example, at approximately 9:49 a.m., ROSA told SILVEIRA to wake up and explained “I got some plays for you”. At approximately 10:38 a.m., ROSA told SILVEIRA “white boy is in your backyard . . . wants a 40". At approximately 11:16 a.m., ROSA told SILVEIRA “sending play for 2 to Milton in a white GMC”. On November 6, 2010, at approximately 10:25 a.m., ROSA told SILVEIRA “I got 2 plays going on for 3". At approximately 10:28 a.m., 96

SILVEIRA told ROSA the dude owes me “5 bucks he shorted me” and ROSA stated “next time don’t give it to him”. At approximately 2:15 p.m., SILVEIRA asked “that play for 200 what’s he want 5 40's” and ROSA confirmed “3 for a hundred, 5 for 200". I believe that the above referenced conversations concerned small quantities of heroin and that SILVEIRA was distributing heroin for ROSA. iv. 253. November 7, 2010, SILVEIRA Received Three Fingers of Heroin from ROSA On November 7, 2010, at approximately 10:42 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162857119. ROSA spoke to Nine SILVEIRA. ROSA asked SILVEIRA “what do you want” and SILVEIRA stated “another finger”. ROSA said “just one” and SILVEIRA stated “let me get two”. ROSA told SILVEIRA “you’re supposed to grab at least three each time you re-up” and SILVEIRA stated “get 3". At approximately 2:02 p.m., ROSA asked SILVEIRA “you at the crib” and SILVEIRA stated yeah. ROSA stated “I am about to go over there”. At approximately 2:26 p.m., ROSA told SILVEIRA to come out. I believe that SILVEIRA wanted “3" fingers of heroin from ROSA and that ROSA was meeting with SILVEIRA to deliver the heroin. 254. On November 7, 2010, at approximately 2:24 p.m., surveillance observed a black BMW X5, known to be used by ROSA pull into the driveway of 298 N. Warren Avenue in Brockton, MA. And park in front of the garage. Surveillance observed Nine SILVEIRA exit the residence from the side door and at approximately 2:28 p.m. SILVEIRA got into the rear passenger seat of the black BMW. At approximately 2:31 p.m., SILVEIRA was observed getting out of the BMW and returning to 298 N. Warren, through the side door of the residence. At approximately 2:32 p.m., the black BMW departed the area. M. ROSA’s Criminal Associate – Gregory STUBBS 97

255.

During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that STUBBS was a criminal associate of ROSA, who delivered heroin on behalf of ROSA, who was a heroin customer of ROSA, who collected money as proceeds from the sale of heroin for ROSA; and who set up an introduction between ROSA and WATTS, who supplied ROSA with fingers of heroin. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and STUBBS during the charged conspiracy.

i. 256.

July 7, 2010, Gregory STUBBS Distributed Heroin for ROSA On July 7, 2010, at approximately 3:34 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 975-9066. ROSA told STUBBS that he needs “2 gs and 2 40s” outside now. STUBBS agreed and affirmed the quantities. At approximately 3:41 p.m., ROSA told STUBBS that there was a dude outside for “3 grams.” ROSA told STUBBS that the guy would give him $250. STUBBS stated that he had a “244" that he was bringing down that could “pass for 3.” STUBBS stated that “[i]ts one big ass rock.” ROSA told STUBBS to tell him that it is “3 grams” and that he will give STUBBS “350" for it. I believe that STUBBS was distributing heroin on behalf of ROSA.

ii. 257.

August 9, 2010, Gregory STUBBS Distributed Heroin for ROSA On August 9, 2010, an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. STUBBS told ROSA that he was “at Alex’s.” STUBBS asked “Alex,” who was in the background, “how many pizzas he wants.” “Alex” stated “five pizzas.” STUBBS told ROSA “5 fing pizzas.” I believe that STUBBS was working with “Alex” or BARBOSA to deliver narcotics; that STUBBS statement “5 fing pizzas” was code for the fact that BARBOSA wanted ROSA to get an 98

additional five fingers of heroin for distribution. 258. On August 10, at approximately 11:05 a.m., an outgoing call was placed on target telephone # 1 to a telephone with IMS number 316010162871302. ROSA spoke to BARBOSA. BARBOSA stated “I need a finger I have a play for $800.” ROSA stated “I gave you five fingers yesterday.” I believe that ROSA delivered “five fingers” or approximately 50 grams of heroin to BARBOSA, for distribution, on August 9, 2010. iii. 259. September 18, 2010, STUBBS Delivered Finger of Heroin to TAMULEVICH On September 18, 2010, at approximately 11:29 a.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to

TAMULEVICH. TAMULEVICH stated “I need a big one.” ROSA clarified a “whole one” and told TAMULEVICH 15 minutes. At approximately 1:53 p.m., ROSA asked

TAMULEVICH the number to his house and TAMULEVICH stated “117". Then at approximately 2:10 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to STUBBS. STUBBS asked ROSA what number on Bellevue and ROSA said “17". At approximately 2:11 p.m., an outgoing call was placed from target telephone # 1 to TAMULEVICH and ROSA stated “my boy is outside.” I believe that TAMULEVICH wanted a finger of heroin and that STUBBS was delivering the heroin to TAMULEVICH’s house at 117 Bellevue. iv. 260. STUBBS Facilitated ROSA Meeting and Getting Heroin from WATTS On July 24, 2010, at approximately 2:15 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. STUBBS stated that he “found some fire out of this girl in Cambridge.” ROSA asked STUBBS if he could introduce her to ROSA. STUBBS asked ROSA “how much do you 99

want to start with, just one”. ROSA asked STUBBS to ask her “how much for a whole one.” I believe that STUBBS was a heroin customer of a woman in Cambridge, later determined to be Catherine WATTS; that STUBBS had received heroin from WATTS that was “fire” or a great quality; and that STUBBS was going to introduce ROSA to WATTS, so that ROSA could get larger quantities of heroin from WATTS. 261. On July 24, 2010, a series of conversations occurred between ROSA and STUBBS regarding the heroin available from WATTS and the price of the heroin. At approximately 2:42 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. ROSA asked what the chick said and STUBBS stated “the chick says it is fire and she sells it all the time for 8". ROSA stated “I never buy it for 8.” At approximately 4:08 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. STUBBS asked ROSA whether he wanted to go “to Cambridge and meet the girl” and ROSA said yes and told STUBBS to pick him up. At approximately 5:10 p.m., ROSA stated that ‘I just want one but 700 is too much. STUBBS stated that he would call ROSA back. At approximately 5:22 p.m., STUBBS told ROSA that he was “heading there” but that “she already re-upped and didn’t get anything for Jose since he failed to negotiate a deal.” ROSA stated that he wanted a lower price. I believe that STUBBS was going to meet WATTS; that STUBBS was getting a small quantity of heroin from WATTS; and that WATTS did not get any heroin for ROSA because WATTS and ROSA had failed to agree on a price for the heroin. 262. On July 26, 2010, at approximately 12:53 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. ROSA told STUBBS that he was with the “chick herself in Cambridge.” STUBBS spoke 100

to WATTS.. STUBBS asked WATTS whether they worked “something out” and WATTS stated “he’s all set.” ROSA got back onto the telephone and asked STUBBS “[i]t’s that good” and STUBBS stated “off the chain.” I believe that ROSA met with WATTS and received an unknown quantity of heroin from WATTS. 263. As previously detailed in the WATTS section of this Affidavit, on July 26, 2010, a series of conversations were intercepted on target telephone # 1 between ROSA and WATTS, during which ROSA and WATTS discussed the fact that ROSA was en route to meet WATTS; that ROSA “took the tape off it was like 9 grams.” WATTS responded that “I’ll let him know he’ll just bring it next time,” which I believe indicated that ROSA met with WATTS and received a 9 gram sample of heroin. 264. On September 12, 2010, at approximately 12:54 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. ROSA told Gregory STUBBS that “we going to Kate’s”. Gregory STUBBS asked “to test”. I believe that ROSA was going to meet with WATTS and her source of supply and that ROSA wanted STUBBS to come along to test the quality of the heroin. v. 265. STUBBS Received Heroin from ROSA for Independent Distribution On July 27, 2010, at approximately 2:56 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to Gregory STUBBS. STUBBS asked ROSA “how much for half a finger” and ROSA said “475.” STUBBS asked for “$360" and ROSA held firm on “$380" and then in a subsequent call agreed to $375. In a subsequent call, ROSA told STUBBS to go to Hunt Street. vi. 266. October 22, 2010, STUBBS Received Heroin from TEIXEIRA On October 22, 2010, at approximately 5:12 p.m., an incoming call was received on target 101

telephone # 9 from telephone number (781) 975-9066. TEIXEIRA spoke to STUBBS. STUBBS asked TEIXEIRA “how much do you want for 4 gs”. STUBB explained that he wanted “4 gs, I got 300.” TEIXEIRA told STUBBS “I will give a 3.5 for 300.” At approximately 5:19 p.m., STUBBS told TEIXEIRA that “I am sending Donnie for that 3.5 slice of pizza.” I believe that STUBBS wanted “4 g’s” or 4 grams of heroin from TEIXEIRA; that TEIXEIRA was willing to give STUBBS 3.5 grams of heroin for $300; and that STUBBS was sending a criminal associate to pick up “3.5 slice of pizza” which was code for 3.5 grams of heroin. vii. 267. November 9, 2010 and November 10, 2010, STUBBS Received Heroin from ROSA On November 9, 2010, at approximately 9:05 a.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to STUBBS. STUBBS told ROSA he was on his way and ROSA told STUBBS “go into the hallway around the carriage and it will be there in the box”. ROSA told STUBBS to have the “straight four” when I get out. STUBBS stated that he was on his way. At approximately 2:06 p.m., STUBBS asked ROSA “did you make that this morning” and ROSA said “yeah, straight 5". STUBBS explained that “I did it free, then I got a scal . . . weighed it and it was alright”. Agents believe that ROSA left five grams of heroin for STUBBS and that this conversation verified that STUBBS received the heroin and was processing the heroin for further distribution. 268. On November 10, 2010, at approximately 9:30 a.m., an incoming call was received on target telephone # 1 from telephone number (781) 975-9066. ROSA spoke to STUBBS. STUBBS told ROSA that “I need the same thing as last night”. ROSA told STUBBS to come down. At approximately 10:13 a.m., STUBBS told ROSA that he was at the door. Agents believe 102

that STUBBS was meeting with ROSA to receive five additional grams of heroin. 269. On November 10, 2010, at approximately 10:15 a.m., surveillance observed a Mercury Marquis with Massachusetts registration 73L S50 stop in front of 24 Central Street, Easton, MA. Surveillance observed a tall black male, recognized to be Gregory STUBBS, exit the passenger seat of the vehicle and walk to the left side of the driveway of 24 Central Street. STUBBS was then observed walking from the left side of the driveway, getting into the same vehicle, and departing the area. N. 270. ROSA’s Heroin Customer – Robert PARSONS During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that Robert PARSONS was a heroin customer of ROSA, who received and redistributed heroin, in furtherance of the conspiracy. I believe that during the course of the charged conspiracy that PARSON received in excess of 16 “fingers” or approximately 160 grams of heroin. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and PARSONS during the charged conspiracy. i. 271. September 18, 2010, Finger Transaction On September 18, 2010, at approximately 2:04 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 727-8385. ROSA spoke to PARSONS. PARSONS asked ROSA if he could get a “finger”. ROSA stated in a half an hour. PARSONS asked ROSA if the stuff was “rock hard or the other stuff”. ROSA stated the usual and explained “rock hard.” PARSONS told ROSA “as soon as you get a finger call me” and ROSA stated that is was gonna be 20 minutes. PARSONS asked if he should head over and ROSA affirmed. At approximately 3:03 p.m., an outgoing call was placed on target telephone # 1 103

to telephone number (781) 727-8385. ROSA spoke to KELLEHER, a criminal associate and sister of PARSONS. KELLEHER stated that she needed “one and a half” and ROSA stated ‘I only got one.” ROSA told KELLEHER to meet him on Belmont. I believe that PARSONS ordered one “finger” of heroin from ROSA; that ROSA was ready to deliver the one finger of heroin to KELLEHER; that KELLEHER, who was picking up the heroin from ROSA, wanted one a half fingers of heroin; that ROSA was ready to deliver the one finger of heroin to KELLEHER; and that the delivery of the heroin was going to take place at 243 Belmont Street, which is a distribution location used by ROSA. ii. 272. September 19, 2010, Finger Transaction On September 19, 2010, at approximately 2:04 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 727-8385. ROSA spoke to PARSONS. PARSONS asked ROSA if he could get a “finger”. ROSA stated in a half an hour, forty minutes. I believe that PARSONS wanted a finger of heroin. iii. 273. September 21, 2010, Finger and a Half Transaction On September 21, 2010, at approximately 10:56 a.m., an incoming call was received on target telephone # 1 from telephone number (781) 727-8385. PARSONS stated that he would be there in about an hour and ROSA stated that he would save a “half.” PARSONS stated “I need a whole one.” ROSA agreed to “save [him] a whole one.” At approximately 12:41 p.m., ROSA told PARSONS “I only have a half.” I believe that PARSONS wanted a finger of heroin for distribution but that ROSA only had a half a finger available at the time. 274. On September 21, 2010, at approximately 4:56 p.m., an incoming call was received on target telephone # 1 from telephone number (781) 727-8385. ROSA spoke to PARSONS. 104

PARSONS asked ROSA if he was all set and ROSA asked “what do you want.” PARSONS stated “a finger.” ROSA told PARSONS “½ hour on Menlo.” I believe that PARSONS wanted a finger of heroin from ROSA and that ROSA was going to give PARSONS the heroin in approximately one half an hour. iv. November 10, 2010, ROSA Has BRANDAO Deliver A Finger of Heroin to PARSONS At 17 Kenwood Street

275.

On November 10, 2010, at approximately 2:40 p.m., an outgoing call was placed on target telephone # 1 to telephone number (781) 727-8385. ROSA spoke to KELLEHER, PARSONS sister. KELLEHER asked for a “whole one”. ROSA told KELLEHER to call when she got to the Brockton line. At approximately 2:47 p.m., ROSA spoke to PARSON and KELLEHER and told them to go to “Kenwood Street”. At approximately 3:00 p.m., ROSA told PARSONS to “jump inside the escalade”. At approximately 3:02 p.m., an outgoing call was placed on target telephone # 1 to telephone number (774) 444-6122. ROSA spoke to BRANDAO. ROSA told BRANDAO “hurry up the dude for the finger is here”. BRANDAO told ROSA that he was coming down.

276.

On November 10, 2010, at approximately 2:58 p.m., surveillance observed a gray 2002 Cadillac Escalade with Massachusetts registration FF618A, parked across the street from 17 Kenwood Street in Brockton, MA. BRANDAO was observed sitting in the driver’s seat of the Escalade. At approximately 3:03 p.m., surveillance observed a 2008 Chrysler Sebring with Massachusetts registration number DV793 pull up across the street from the Escalade. The male operator of the Sebring, later determined to be Robert PARSONS, was observed getting out of the Sebring and getting into the rear of the Escalade. At approximately 3:05 p.m., PARSONS was observed exiting the Escalade, getting into the Sebring, and departing 105

the area. On November 10, 2010, at approximately 3:14 p.m., a car stop was conducted on the Sebring. The driver of the vehicle was identified as Robert PARSONS and the passenger of the vehicle was identified as Jackalyn KELLEHER.

O. 277.

ROSA’s Heroin Customer – Tim TAMULEVICH During the course of the interception of target telephone # 1, used by ROSA, interceptions were obtained which revealed that TAMULEVICH was a heroin customer of ROSA. On September 24, 2010, approximately 20 grams of heroin was seized from TAMULEVICH, which I believe, based on intercepted conversations, was supplied to TAMULEVICH by ROSA. During the course of the heroin conspiracy, TAMULEVICH is believed to have received in excess of 100 grams of heroin. The following interceptions are examples of the heroin trafficking activities that occurred between ROSA and TAMULEVICH during the charged conspiracy.

i. 278.

August 22, 2010, ROSA Delivered One Finger of Heroin to TAMULEVICH On August 22, 2010, at approximately 4:37 p.m., an incoming call was received on target telephone # 1from telephone number (508) 232-8703. ROSA spoke to TAMULEVICH. TAMULEVICH stated that he wanted a “finger” and asked how much. ROSA stated “800". I believe that ROSA was going to sell TAMULEVICH a finger or 10 grams of heroin for $800.

ii. 279.

September 21, 2010, TAMULEVICH Gets More Heroin from ROSA On September 21, 2010, at approximately 12:28 p.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to

TAMULEVICH. ROSA asked TAMULEVICH if people like it and TAMULEVICH stated 106

“it leaves a lot of shit on the bottom.” ROSA told TAMULEVICH “you got to cook it.” TAMULEVICH stated “I do cook it.” ROSA explained that “I just had to grab it because I was waiting for the usual.” TAMULEVICH stated “I want one of the usuals” and that ‘I got the money for it ready.” I believe that ROSA received heroin from an alternate source of supply; that a portion of the heroin had been distributed to TAMULEVICH; that the quality of the heroin was not as good; and that TAMULEVICH wanted more heroin but some of the higher quality. iii. 280. September 22, 2010, ROSA Delivered One Finger of Heroin to TAMULEVICH On September 22, 2010, at approximately 11:19 a.m., an incoming call was received on target telephone # 1 from telephone number (508) 232-8703. ROSA spoke to

TAMULEVICH. TAMULEVICH told ROSA “I need one”. ROSA asked TAMULEVICH when he was going to start grabbing “two.” ROSA told TAMULEVICH to “meet me on Menlo.” I believe that TAMULEVICH wanted one finger of heroin and that ROSA was going to deliver the heroin to TAMULEVICH at Menlo Street. iv. September 24, 2010, ROSA Delivered Two Fingers of Heroin to Tim TAMULEVICH, Heroin Seized from TAMULEVICH

281.

As previously detailed in Section II, Part A, vi, of this Affidavit, on September 24, 2010, ROSA delivered two fingers of heroin to TAMULEVICH and said heroin was seized from TAMULEVICH.

III. 282.

IURY GOMES AND HIS CRIMINAL ASSOCIATES During the course of the investigation, significant information was gathered regarding the criminal activities of Iury GOMES and his criminal associates. On August 4, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 8, used by 107

Iury GOMES. GOMES was also intercepted on target telephone # 1, used by Jose ROSA and target telephone # 6, used by FERNANDES. Between June, 2010 and November,

2010, GOMES received and distributed large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the interceptions in this investigation, we learned that GOMES is a large scale heroin distributor, who receives large quantities of heroin for distribution from FERNANDES, ROSA, and UM0020; and that GOMES has had several criminal associates named Ivan FONSECA, Elsio MONTEIRO, and Emanuel RIBEIRO, who receive, process, and distribute heroin on behalf of GOMES. During the course of this investigation, heroin was seized from Ivan FONSECA, a criminal associate of GOMES, on August 10, 2010. The following are examples of intercepted conversations that have been intercepted, during the course of this investigation, that focus on the above-named criminal defendants. A. 283. GOMES’ Source of Supply – Miguel FERNANDES The interception of target telephone # 6, used by FERNANDES, revealed that FERNANDES had numerous larger scale heroin customers, including Iury GOMES Interceptions revealed that GOMES would request and receive multi-finger quantities of heroin, usually ten or 100 grams of heroin, from FERNANDES and further distribute said heroin. As previously detailed in Section I, Part G, on August 12, 2010, FERNANDES delivered 10 fingers of heroin to GOMES; on August 17, 2010, FERNANDES delivered 6 fingers of heroin to GOMES; on September 21, 2010, FERNANDES delivered 10 fingers of heroin to GOMES; and on October 24, 2010, GOMES received 50 grams of heroin from FERNANDES. B. 284. GOMES’ Source of Supply – ROSA The interception of target telephone # 1, used by ROSA, revealed that ROSA was a heroin 108

source of supply for Iury GOMES Interceptions revealed that GOMES would request and receive multi-finger quantities of heroin from ROSA and further distribute said heroin. As previously detailed, in Section II, Part D, i of this Affidavit, on August 22, 2010, GOMES received five fingers of heroin from BARBOSA/ROSA. C. 285. GOMES’ Criminal Associate – Ivan FONSECA The interception of target telephone # 8 revealed that GOMES had a criminal associate named Ivan FONSECA. Interceptions revealed that FONSECA received, weighed,

processed, and delivered heroin, on behalf of GOMES. On August 10, 2010, FONSECA was arrested with 8 grams of heroin. The following are examples of interceptions that occurred during the charged conspiracy. i. August 5, 2010, GOMES obtained 100 grams of heroin from a source of supply, UM0020, and Delivered Heroin to FONSECA for Processing and Distribution On August 5, 2010, at approximately 12:23 p.m., an incoming call was received on target telephone # 8 from telephone number (617) 386-0020. GOMES spoke to UM0020. GOMES asked UM0020 whether he had anything there and UM0020 told GOMES that he would call him right back. At approximately 3:13 p.m., GOMES asked UM0020 whether “you got it” and UM0020 stated yes. GOMES asked if it was “good stuff” and UM0020 replied yeah. GOMES asked UM0020 if he was at the “crib” and UM0020 stated yeah “stop by there.” At approximately 3:40 p.m., GOMES told UM0020 that he was outside. UM0020 told GOMES to stay there and explained that he was about to pull up. I believe that UM0020 is a heroin source of supply; that GOMES wanted heroin from UM0020; that UM0020 had heroin available for distribution; that UM0020 affirmed that the heroin was “good” quality; and that GOMES was meeting with UM0020 to receive a quantity of heroin. 287. On August 5, 2010, at approximately 3:51 p.m., an outgoing call was placed on target 109

286.

telephone # 8 to telephone number (508) 408-3507. GOMES spoke to Ivan FONSECA. GOMES told FONSECA that “I’m going to your house now have the money ready.” GOMES stated “I’m bringing you something.” I believe that GOMES was traveling to 26 Hunt Street in Brockton, MA to meet with FONSECA and deliver the heroin to FONSECA, which GOMES had just received from UM0020, for further distribution. 288. On August 5, 2010, at approximately 4:07 p.m., an incoming call was received on target telephone # 8 from telephone number (508) 408-3507. GOMES spoke to Ivan FONSECA. FONSECA told GOMES “it weighed 100.9.” GOMES asked “without the bag”. FONSECA stated “with the bag.” GOMES told FONSECA to “take it out of the bag and see how much.” At approximately 4:09 p.m., FONSECA told GOMES “without the bag it weighed 98.7.” I believe that FONSECA weighed the heroin that he had received from GOMES and that the weight of the heroin was 100.9 grams of heroin with the bag and 98.7 grams of heroin without the bag. 289. On August 5, 2010, at approximately 4:10 p.m., an outgoing call was placed on target telephone # 8 to telephone number (617) 386-0020. GOMES spoke to UM0020. GOMES told UM0020 that “the stuff weighed 98.7.” GOMES told UM0020 “your doing this all the time last time it was .5.” UM0020 stated “alright I’ll give it to you.” I believe that GOMES was informing UM0020 that he had only received “98.7" grams of heroin and not 100 grams of heroin; that GOMES further indicated that he was shorted .5 or one half a gram of heroin the last time; and that UM0020 indicated that he would give GOMES the additional heroin. ii. 290. August 5, 2010 - August 10, 2010 – Heroin Distribution Conducted By FONSECA Between August 5, 2010 and August 10, 2010, numerous conversations were intercepted on target telephone # 8, during which FONSECA distributed what I believe to be heroin and 110

crack cocaine to narcotics customers, at the direction of GOMES. The following are examples of said transactions. 291. On August 5, 2010, at approximately 11:47 a.m., an incoming call was received on target telephone # 8 from telephone number (508) 304-0958. GOMES spoke to UF0958. UF0958 asked for “12 again for $360.” GOMES told UF0958 to go to the east side and gave her directions to “Hunt Street.” At approximately 11"48 a.m., UF0958 stated that she was on Hunt Street and GOMES stated that “his buddy” will come over to her. At approximately 11:59 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 408-3507. GOMES spoke to UM3507, later identified as Ivan FONSECA. GOMES told FONSECA to make “12 bags for chick who is outside.” FONSECA asked how much and GOMES stated “11 bags”. FONSECA asked of “brown” and GOMES said yeah. At approximately 12:05 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 408-3507. GOMES spoke to UM3507, later identified as Ivan FONSECA. GOMES asked FONSECA if he saw her and FONSECA affirmed. FONSECA asked GOMES how much she was suppose to give him and GOMES stated “360.” I believe that UF0958 is a heroin customer who wanted “12" bags of heroin from GOMES and was going to pay $360 for the heroin; that GOMES tasked FONSECA to deliver the heroin to UF0958; and that FONSECA met with UF0958 delivered the heroin and collected $360, which was payment for the heroin. 292. On August 6, 2010, at approximately 10:09 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 846-7075. GOMES spoke to UM7075. UM7075 asked GOMES for “2 brown bags”. GOMES told UM7075 to go to Hunt Street. At approximately 10:12 a.m., an outgoing call was placed on target telephone # 8 to telephone 111

number (508) 408-3507. GOMES spoke to FONSECA. GOMES told FONSECA to “make 2 grams of brown and take it outside he is in a black maxima.” FONSECA asked “2 brown” and GOMES corrected “no 2 grams.” At approximately 10:14 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 408-3507. GOMES spoke to UM3507, later identified as Ivan FONSECA. GOMES told FONSECA to “make sure 2 grams.” FONSECA stated “I have a little one that you brought its 2.3, do you want me to take a little off.” GOMES said yes and told FONSECA to “cut it with a knife” and “take it to the dude in the black Nissan.” I believe that UM7075 wanted “2 brown”; that GOMES told FONSECA to prepare 2 grams of heroin; and that FONSECA was getting the 2.0 grams of heroin from a package of 2.3 grams of heroin that GOMES had given FONSECA. 293. On August 10, 2010, at approximately 10:55 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 408-3507. GOMES spoke to FONSECA. GOMES told FONSECA “bring a chick . . . . in a red car 3 brown.” FONSECA stated that he was out. FONSECA told GOMES to send them to south side pizza. At approximately 11:04 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 4083507. GOMES spoke to FONSECA. GOMES told FONSECA he’s there “3 brown.” FONSECA asked in a black car and GOMES stated that he believed that “it’s a girl in a black car.” At approximately 11:05 a.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 408-3507. GOMES spoke to Ivan FONSECA. FONSECA told GOMES all set. GOMES stated that there is a “play for 2 brown right there in a white car.” FONSECA agreed. At approximately 11:14 a.m., an incoming call was received on target telephone # 8 from telephone number (508) 408-3507. GOMES spoke to FONSECA. FONSECA told GOMES to “call that dude back” and explained that “he put money in a 112

cigarette case.” GOMES told FONSECA to count it and FONSECA stated that he did and the guy took off. GOMES told FONSECA not to give them “anything until you count the money.” I believe that FONSECA was delivering heroin to heroin customers and that during the delivery one customer had not paid the entire amount of money for the heroin delivered.

iii. 294.

August 10, 2010, Arrest of FONSECA with Heroin On August 10, 2010, at approximately 1:05 p.m., an incoming call was received on target telephone # 8 from telephone number (774) 360-3005. GOMES spoke to UM3005, later determined to be Elsio MONTEIRO. Elsio MONTEIRO stated that he had just been contacted and that “San Saint” just got locked up. On August 10, 2010, at approximately 1:13 p.m., an incoming call was received on target telephone # 8 from telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. Elsio MONTEIRO explained that “they found him with mad stuff on him.” On August 10, 2010, at approximately 1:17 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES stated that “I didn’t send him no play . . . I sent him a play like 2 to 3 hours . . . [not] at this time.” I believed, based on the above referenced calls that FONSECA had been arrested by the police and that UM3507 had been in possession of “work” or narcotics.

295.

Further inquiry revealed that on August 10, 2010, in an unrelated investigative action, Ivan FONSECA was arrested. At the time of his arrest FONSECA had a telephone in his possession, which was telephone number (508) 408-3507 – the telephone used by FONSECA. FONSECA was charged with possession to distribute Class A and Class B narcotics, which consisted of 13 bags of heroin or approximately 8 grams of heroin and 7 113

bags of “crack” cocaine or 2.5 grams of “crack” cocaine. 296. On August 10, 2010, at approximately 10:34 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 826-9458. GOMES spoke to UM9458, determined to be Emanuel RIBEIRO. GOMES told UM9458 that “one of my workers got caught up at work.” GOMES stated “he had 40 pieces on him he is a dick, walk around with 40 pieces dude.” GOMES explained that he was “in a hot spot, he didn’t even get caught doing a play or nothing, he just got caught in the wrong spot.” I believe that GOMES was explaining

that FONSECA had been arrested; that FONSECA had 40 pieces or 40 bags of narcotics; and that FONSECA was arrested at a location which is hot or known for narcotics distribution. D. 297. GOMES’ Criminal Associate – Elsio MONTEIRO The interception of target telephone # 8 revealed that GOMES had another criminal associate named Elsio MONTEIRO. Interceptions revealed that Elsio MONTEIRO and GOMES received six fingers of heroin from FERNANDES for distribution on August 18, 2010 and that Elsio MONTEIRO received, weighed, processed, and delivered heroin, on behalf of GOMES. The following are examples of interceptions that occurred during the course of the charged conspiracy. i. August 17, 2010, GOMES and Elsio MONTEIRO Receive 6 Fingers of Heroin from FERNANDES On August 17, 2010, at approximately 12:36 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529. GOMES spoke to FERNANDES. GOMES asked FERNANDES if “he can do 20 of them for 550.” FERNANDES stated that he will “call the dude then call him back.” I believe that GOMES wanted 20 fingers of heroin from FERNANDES; that GOMES wanted the heroin for $550/finger or 10 gram 114

298.

quantity; and that FERNANDES was going to contact one of his heroin sources of supply. 299. On August 17, 2010, at approximately 3:01 p.m., a conversation occurred on target telephone # 8. GOMES spoke to FERNANDES. FERNANDES told GOMES that the “dude said that the lowest is 575" and GOMES told him to do it. FERNANDES said that he was going to call the dude and then he will call him back. I believe that FERNANDES had spoken to one of his heroin sources of supply and that the price for heroin was going to $575 for a finger of heroin. 300. On August 17, 2010, at approximately 4:56 p.m., an incoming call was received on target telephone # 8 from telephone number (508) 232-9529. GOMES spoke to FERNANDES. FERNANDES told GOMES bad news and explained that “he only has 10 until tomorrow . . . and I want 5 for me.” GOMES told FERNANDES “so give me the 10 for $600.” FERNANDES told GOMES “I’ll get you 6.” I believe that FERNANDES had spoken to one of his heroin sources of supply; that the source only had 10 fingers for distribution; that GOMES wanted 10 fingers for $600 and FERNANDES indicated that he would get 6 fingers for GOMES. 301. On August 17, 2010, at approximately 6:21 p.m., an outgoing call was placed on target telephone # 8 to telephone number (508) 232-9529. GOMES spoke to FERNANDES. FERNANDES stated that he had passed by and he didn’t see GOMES’ car. GOMES stated that he was in the house and my boy is going outside now. I believe that FERNANDES was delivering 6 fingers of heroin to Laureston Street to Elsio MONTEIRO. 302. On August 17, 2010, at approximately 6:21 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES told Elsio MONTEIRO to get “6 fingers from dude outside.” I believe that 115

FERNANDES was delivering 6 fingers of heroin to Laureston Street to Elsio MONTEIRO. 303. On August 17, 2010, at approximately 6:24 p.m., an incoming call was received on target telephone # 8 from telephone number (508) 232-9529. GOMES spoke to FERNANDES. FERNANDES told GOMES “I gave it to him dude with scooter.” I believe that

FERNANDES delivered 6 fingers of heroin to Laureston Street to Elsio MONTEIRO. ii. Elsio MONTEIRO is a criminal associate of GOMES who Delivered heroin and collects narcotics proceeds

304.

On August 10, 2010, at approximately 2:47 p.m., an incoming call was received on target telephone # 8 from telephone number (774) 360-3005. GOMES spoke to Elsio

MONTEIRO. During the conversation, GOMES told Elsio MONTEIRO “I’ll give you plays so you can do them from your house.” GOMES told Elsio MONTEIRO “you have to have a stash outside of the crib.” GOMES explained “I’m going to call you ahead of time, like ten minutes away and tell you what to get ready then you can bounce.” Elsio MONTEIRO stated that that would be great. GOMES stated that he was “waiting for Sao Vicente” and “then I’ll go get work at his house.” I believe that Elsio MONTEIRO is going to be working with GOMES to facilitate the distribution of narcotics; that Elsio MONTEIRO is going to distribute from and store narcotics in his apartment; and distribute said narcotics as detailed by GOMES. 305. On August 11, 2010, at approximately 1:13 p.m., an outgoing call was placed on target telephone # 8 to telephone number (781) 975-2094. GOMES spoke to “Kristina”. GOMES told “Kristina” that he had just picked up some “fire.” “Kristina” stated that she was going to head that way. GOMES asked “Kristina” how much she wanted and “Kristina” asked how much for “12". GOMES answered “$400.” “Kristina” stated that she would be right 116

there. At approximately 1:37 p.m., an incoming call was received on target telephone # 8 from telephone number (781) 975-2094. GOMES spoke to “Kristina”. GOMES told “Kristina” to pull over at the beginning of “Laureston.” On August 11, 2010, at

approximately 1:37 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES told Elsio MONTEIRO that a “girl wants 12 she is at the top of your street.” Elsio MONTEIRO asked “12 white” and GOMES affirmed and explained “she’ll give you 400.” I believe that “Kristina” is a narcotics customer of GOMES; that “Kristina” wanted “12" units of “white” or cocaine; that Elsio MONTEIRO was going to deliver the cocaine; and that “Kristina” was going to pay Elsio MONTEIRO $400 for the cocaine. 306. On August 11, 2010, at approximately 3:42 p.m., an incoming call was received on target telephone # 8 from telephone number (781) 367-3824. GOMES spoke to UF3824. UF3824 told GOMES that she would be there in “5" and GOMES asked “6 for 200". UF3824 affirmed. On August 11, 2010, at approximately 3:43 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES told Elsio MONTEIRO to take the “girl” “6 brown” at KFC on the south side and she will give you $200. I believe that Elsio MONTEIRO was going to deliver UF3824 “6" units of heroin for $200. 307. On August 12, 2010, at approximately 4:05 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES asked Elsio MONTEIRO “how many 40 bags” and Elsio MONTEIRO stated “38". GOMES stated that he was coming to get “5 pieces.” I believe that GOMES was inquiring regarding the quantity of narcotics that were being stored with Elsio MONTEIRO. 117

E. 308.

GOMES’ Criminal Associate – Emanuel RIBEIRO The interception of target telephone # 8 revealed that GOMES had another criminal associate named Emanuel RIBEIRO. Interceptions revealed that RIBEIRO received ten fingers of heroin from FERNANDES for distribution on September 9, 2010 and that RIBEIRO received, weighed, processed, and delivered heroin, on behalf of GOMES. The following are examples of interceptions that occurred during the course of the charged conspiracy.

i. 309.

RIBEIRO Begins Processing and Distributing Heroin for GOMES On August 21, 2010, at approximately 12:23 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 826-9458. GOMES spoke to RIBEIRO. GOMES asked RIBEIRO “you want that thing or not I’m leaving Wednesday.” RIBEIRO stated that he would definitely do it for you. GOMES asked RIBEIRO whether he had “work” and RIBEIRO said no. GOMES asked RIBEIRO how much he needed and RIBEIRO stated “a finger right now.” GOMES stated that he would give RIBEIRO “11 pieces”. RIBEIRO asked GOMES how long he was going and GOMES stated 18 days. I believe that GOMES is taking an 18 day trip; that RIBEIRO was going to take over the narcotics business for GOMES while he was gone; and that RIBEIRO wanted a finger of heroin or 10 grams of heroin for immediate distribution.

310.

On August 22, 2010, at approximately 10:10 a.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 826-9458. GOMES spoke to RIBEIRO. GOMES asked RIBEIRO whether he was sure that he wanted to do that and RIBEIRO said yes. GOMES indicated that he was en route to RIBEIRO's house “right now with 50 grams.” I believe that RIBEIRO was going to distribute heroin for GOMES and that GOMES was going to the house of RIBEIRO to deliver 50 grams of heroin for distribution. 118

311.

On August 22, 2010, at approximately 12:21 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 826-9458. GOMES spoke to RIBEIRO. RIBEIRO told GOMES “no scale over here” and GOMES told RIBEIRO to come home and he would get “it” at Laureston. At approximately 12:25 p.m., an incoming call was placed on target telephone # 8 to telephone number (774) 360-3005. GOMES spoke to Elsio MONTEIRO. GOMES asked Elsio MONTEIRO whether he was home and explained that he had come to get the scale. I believe that RIBEIRO and GOMES needed a scale to weigh and package the heroin prior to further distribution.

312.

On August 22, 2010, at approximately 2:29 p.m., an outgoing call was placed on target telephone # 8 to telephone number (774) 826-9458. GOMES spoke to RIBEIRO. GOMES asked RIBEIRO whether he saw him and RIBEIRO said “male 100 right” and GOMES said he gave you “100" and GOMES explained his name is “Dominic”. GOMES stated that there is another there for “2 brown in an old Buick.” RIBEIRO told GOMES that he had to break a piece and GOMES told RIBEIRO “when you get the chance break up a finger.” I believe that RIBEIRO is now a criminal associate of GOMES who is receiving, preparing, and distributing heroin for GOMES.

ii. 313.

September 9, 2010, RIBEIRO Received Ten Fingers of Heroin from FERNANDES On September 9, 2010, at approximately 8:36 a.m., an incoming call was received on target telephone # 6 from telephone number (508) 857-9759. FERNANDES spoke to a male, RIBEIRO, who was previously intercepted on Target Telephone # 8 using telephone number 774-826-9458. FERNANDES told RIBEIRO that the guy who supplied raised the price to “625". RIBEIRO asked for “10". I believe that RIBEIRO wanted 10 fingers of heroin from FERNANDES and that the price was $625 per finger of heroin. 119

314.

On September 9, 2010, at approximately 9:21 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 857-9759. FERNANDES spoke to RIBEIRO. FERNANDES told RIBEIRO that the “number . . . was $6250.” RIBEIRO stated that he would give it to “him” today. FERNANDES told RIBEIRO that he was leaving at around “12". I believe that RIBEIRO wanted 10 fingers of heroin from FERNANDES and that the price was $625 per finger of heroin.

315.

On September 9, 2010, at approximately 10:57 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 857-9759. FERNANDES spoke to RIBEIRO. RIBEIRO stated that he was ready. FERNANDES stated that he would “pick it up in about 20 mins.” FERNANDES explained that he was “meeting with him at about 11:30.” I

believe that FERNANDES wanted to pick up the money from RIBEIRO for the 10 fingers of heroin because FERNANDES was going to meet with the heroin source of supply at 11:30. 316. On September 9, 2010, at approximately 11:04 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 857-9759. FERNANDES spoke to RIBEIRO. FERNANDES stated that he was outside. RIBEIRO stated that he was coming out now. I believe that FERNANDES wanted to pick up the money from RIBEIRO for the 10 fingers of heroin. 317. On September 9, 2010, at approximately 12:28 p.m., an incoming call was received on target telephone # 6 from telephone number (508) 857-9759. FERNANDES spoke to RIBEIRO. RIBEIRO told FERNANDES that he was here. FERNANDES asked whether he was by the Panorama. RIBEIRO affirmed and explained that he “met your boy here.” FERNANDES asked RIBEIRO “he gave it to you” and RIBEIRO stated that he was going to “give it to me 120

now.” I believe that RIBEIRO met with a criminal associate of FERNANDES and that RIBEIRO was in the process of receiving ten fingers of heroin. iii. 318. September 20, 2010, RIBEIRO Wants 100 Grams of Heroin from FERNANDES On September 20, 2010, at approximately 9:55 a.m., an outgoing call was placed on target telephone # 6 to telephone number (508) 857-9759. FERNANDES spoke to RIBEIRO, on a telephone used by GOMES. RIBEIRO stated “I need another 100 grams.” FERNANDES stated “I’ll call the guy to see.” I believe that RIBEIRO wanted 100 grams of heroin and that FERNANDES was going to contact his source of supply and determine whether he could get the heroin. iv. 319. October 24, 2010, FERNANDES Delivered Fifty Grams of Heroin to GOMES and RIBEIRO On October 24, 2010, as detailed previously in Section I, Part G, iii, GOMES asked for “one hundred" from FERNANDES; FERNANDES stated not a “hundred, maybe fifty”; FERNANDES told GOMES to meet him at the carwash; FERNANDES was observed exiting from the rear passenger door of the Escalade driven by GOMES; and then two Cape Verdean males, one of whom was RIBEIRO, were observed arriving together from the delivery to 55 Highland Terrace IV. 320. JUSTIN TEIXEIRA AND HIS CRIMINAL ASSOCIATES During the course of the investigation, significant information was gathered regarding the criminal activities of Justin TEIXEIRA2 and his criminal associates. On October 7, 2010 and November 1, 2010, the Honorable Richard G. Stearns authorized the interception of target telephone # 9, used by TEIXEIRA. Previous to those interceptions, TEIXEIRA was also

On November 2, 2010, the user of target telephone # 9 placed an outgoing call and identified himself to the caller as Justin TEIXEIRA.

2

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intercepted on target telephone # 1, used by Jose ROSA.

Between June, 2010 and

November, 2010, TEIXEIRA used target telephone # 9 to receive and distribute large quantities of heroin, totaling in excess of one kilogram of heroin. During the course of the interceptions in this investigation, we learned that TEIXEIRA is a large scale heroin distributor, who receives larger quantities of heroin for distribution from UM3839 a/k/a UM0708; that TEIXEIRA is a heroin source of supply for ROSA and GOMES and that TEIXEIRA has several heroin customers, who are not presently being charged in this matter. During the course of this investigation, approximately fifteen fingers or 150 grams of heroin was seized directly from TEIXEIRA on November 2, 2010. The following are examples of conversations that have been intercepted, during the course of this investigation, that focus on the above-named criminal defendants. A. i. TEIXEIRA’s Heroin Source of Supply – UM3839 a/k/a UM0708 October 14, 2010, TEIXEIRA Received Twenty Fingers of Heroin from UM3839 a/k/a UM0708 On October 14, 2010, at approximately 10:47 a.m., an outgoing call was placed on target telephone # 9 to telephone number (508) 436-0708. TEIXEIRA spoke to UM0708. TEIXEIRA asked UM0708 whether this was his new number and UM0708 stated that it was his other phone. TEIXEIRA asked UM0708 whether he still had “the same work”. UM0708 told TEIXEIRA that he switched it up. TEIXEIRA asked “the hard shit” and UM0708 stated “its hard, people like this stuff right here, my boy told me it’s the bomb.” TEIXEIRA asked UM0708 “do you have 20 of them”? UM0708 confirmed “20". UM0708 stated that he was in the “river” and that he would be around soon. TEIXEIRA told UM0708 to hit him up as soon as he got around. I believe that UM0708 is a heroin source of supply for TEIXEIRA; that TEIXEIRA wanted “20" fingers of heroin; and that UM0708 was going to deliver the 122

321.

heroin to TEIXEIRA when he returned from the “river” or Fall River. 322. On October 14, 2010, at approximately 2:38 p.m., an outgoing call was placed on target telephone # 9 to telephone number (508) 436-0708. TEIXEIRA spoke to UM0708. UM0708 told TEIXEIRA that he would be around in about half hour. At approximately 5:42 p.m., an incoming call was received on target telephone # 9 from telephone number (508) 436-0708. TEIXEIRA spoke to UM0708. UM0708 asked how long and TEIXEIRA stated that he was at the crib waiting for him. UM0708 stated that he would be over there in 4 minutes and asked TEIXEIRA whether he would be there in ten. TEIXEIRA agreed. I

believe that TEIXEIRA and UM0708 were going to meet and that TEIXEIRA was going to receive 20 fingers of heroin from UM0708. 323. Surveillance was located in the area of 35 Clinton Street, which is believed to be the “crib” or residence of TEIXEIRA. A black male in a red and black sweatshirt was observed walking from the area of 35 Clinton Street to an unknown residence in the area of Curve Street. The same male was then observed walking back to the vicinity of Clinton Street and entering 35 Clinton Street. 324. On October 14, 2010, at approximately 6:14 p.m., an incoming call was received on target telephone # 9 from telephone number (508) 436-0708. TEIXEIRA spoke to UM0708. UM0708 told TEIXEIRA “there’s straight 10 here.” TEIXEIRA said “my fault . . . come to my crib and give you 15.” I believe that UM0708 had delivered 20 fingers or 200 grams of heroin to TEIXEIRA; that TEIXEIRA had paid “straight 10" or $10,000 for the heroin; but that TEIXEIRA owed “15" or $1500 additional dollars for the heroin because the 20 fingers of heroin for $575 per finger of heroin was $11,500. ii. November 2, 2010, TEIXEIRA Received Fifteen Fingers of Heroin from UM3839 a/k/a UM0708, Which Was Seized from TEIXEIRA 123

325.

On November 2, 2010, at approximately 4:01 p.m., an incoming call was received on target telephone # 9 from telephone number (508) 436-3839. TEIXEIRA spoke to UM3839 a/k/a UM0708. TEIXEIRA told UM3839 “let me get 15 of them.” UM3839 told TEIXEIRA that he would call when he was at the “spot.” At approximately 6:29 p.m., UM3839 told TEIXEIRA “I have 10, I’m just waiting for the other 5 to get here.” At approximately 6:52 p.m., UM3839 told TEIXEIRA “I got that” and “I’m over here.” I believe that UM3839 is TEIXEIRA’s heroin source of supply; that TEIXEIRA wanted “15" fingers or 150 grams of heroin; and that UM3839 was prepared to deliver the heroin to TEIXEIRA.

326.

On November 2, 2010, surveillance observed a black male matching TEIXEIRA'S physical description walking a pit bull dog wearing what appeared to be a dark colored jacket with red sleeves in front of TEIXEIRA’s residence located at 35 Clinton Street. The black male was observed crossing over Grove Street and proceed down Curve Street and then was observed coming back up Wellington Place toward Curve Street. At this time, a police officer attempted to approach the male, in order to identify the male. While the police approached the black male he attempted to run from law enforcement. The black male was observed throwing an item. The male was caught and determined to be Justin TEIXEIRA. The package that TEIXEIRA had thrown was retrieved and determined to be a clear plastic wrapped package containing 15 finger shaped items suspected to be heroin. TEIXEIRA was arrested.

B. 327.

TEIXEIRA’s Heroin Customer – Nine SILVEIRA On October 20, 2010, at approximately 4:59 p.m., an outgoing call was placed on target telephone # 9 to a telephone with IMS number 316010162857119, believed to be Nine SILVEIRA. TEIXEIRA spoke to SILVEIRA. SILVEIRA told TEIXEIRA to “bring a 124

finger to my crib” and TEIXEIRA stated “I don’t know what you are talking about.” SILVEIRA stated “bring some of those brownies that you cooked yesterday.” TEIXEIRA laughed and agreed. I believe that SILVEIRA is a heroin customer of TEIXEIRA and that SILVEIRA wanted a finger or 10 grams of heroin. C. 328. TEIXEIRA’s Heroin Customer – Iury GOMES On October 23, 2010, at approximately 5:37 p.m., an outgoing call was placed on target telephone # 9 to telephone number (774) 776-5141. TEIXEIRA spoke to GOMES. GOMES told TEIXEIRA to “bring that shit through” and TEIXEIRA stated “I’ll bring two today”. I believe that TEIXEIRA was going to deliver “two” fingers of heroin to GOMES. 329. On October 26, 2010, at approximately 12:15 p.m., an outgoing call was placed on target telephone # 9 to telephone number (774) 776-5141. TEIXEIRA spoke to GOMES. GOMES asked TEIXEIRA “where you put my shit yesterday” and TEIXEIRA stated “I was going to leave it . . . but I wanted to make sure nobody took it. I’ll bring it to you right now.” I believe that TEIXEIRA was going to deliver heroin to GOMES.

CONCLUSION 330. Based upon the information above, I submit that this affidavit provides probable cause for a criminal charging that from on or about June, 2010, until on or about November, 2010, the following defendants, 1) Tiffany Marie ANDRADE; 2) Claudio ARAUJO a/k/a “Lenny” a/k/a UM9889; 3) Alessio BARBOSA a/k/a “Alexio”, a/k/a “Alex”, a/k/a “A” a/k/a “Ace”; 4) Dany L. BRANDAO a/k/a UM6122; 5) Nicholas DEANGELIS a/k/a UM1027; 6) Emanuel DOCANTO a/k/a “Mandog” a/k/a UM4026; 7) Miguel A. FERNANDES a/k/a “Miguel”; 8) Ismael FIGUEROA; 9) Ivan FONSECA a/k/a UM3507; 10) Iury Jandir 125

GOMES a/k/a “Utes”; 11) Alector GONCALVES a/k/a “JG”; 12) Tamara HOLLIS; 13) Carey MONTEIRO a/k/a UF6102 a/k/a UF1163; 14) Elsio MONTEIRO a/k/a UM3005; 15) Robert PARSONS a/k/a UM8385; 16) Emanuel RIBEIRO a/k/a UM9458; 17) Jose G. ROSA a/k/a “Jose” a/k/a “J” a/k/a “Big Poppa”; 18) Virgilio ROSA a/k/a “Turbo”; 19) Nine SILVEIRA; 20) Gregory STUBBS; 21) Timothy T. TAMULEVICH, a/k/a “Tiny”; 22) Justin A TEIXEIRA a/k/a “Becky”; 23) Carla VICENTE a/k/a UF2296; and 24), Catherine WATTS a/k/a “Kate” did conspire to possess with intent to distribute and to distribute, in excess of one kilogram of heroin, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(A).

___________________________________ KEVIN C. HERSEY SPECIAL AGENT DRUG ENFORCEMENT ADMINISTRATION

Sworn and subscribed to me this

day of November , 2010.

______________________________ JENNIFER C. BOAL UNITED STATES MAGISTRATE JUDGE DISTRICT OF MASSACHUSETTS

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