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FILED IN O P E ~

DATE \0
BY \6'
IN THE DEPU1Y CLERK
UNITED STATES DISTRICT COURjQARRISONBURG DIVISION W.D. of VA
FOR THE
WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
OCTOBER2011 SESSION
UNITED STATES OF AMERICA Criminal No.:.5 : \ \c.ROOO3 \
v.
ANJAYPATEL
a/k/a "Jay"
a/k/a "Ramesh Raval"
JOSEPH EMMANUEL
VIRESH PATEL
a/k/a "Vic"
PURVINKUMAR PATEL
a/k/a "Marvin"
PRESTON MCCURLEY
CHRIS MONEYHAN
SHILPABEN PATEL

BOSS RAMSEY
PHIL WHITE
The Grand Jury charges that:
SEALED
Title 18 U.S.C. 371
Title 18 U.S.C. 1956
Title 18 U.S.C. 1957
Title 18 U.S.C. 2315
Title 18 U.S.C. 2342
INDICTMENT
COUNT!
(18 U.S.C. 371)
(Conspiracy - Contraband Cigarettes)
1. From in or about April 2009, and continuing up to and including the date of this
indictment, in the Western District of Virginia and elsewhere, the defendants, ANJA Y
PATEL, JOSEPH EMMANUEL, PRESTON MCCURLEY, VIRESH PATEL,
PURVINKUMAR PATEL, PHIL WHITE, BOSS RAMSEY, and CHRIS MONEYHAN,
knowingly and intentionally conspired and agreed together with each other, and with
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other persons known and unknown to the Grand Jury, to knowingly ship, transport,
receive, possess, sell, distribute and purchase contraband cigarettes, as that term is
defined in Title 18, United States Code, Section 2341, to wit: a quantity of more than
lO,OOO cigarettes which bore no evidence of the payment of applicable State cigarette
taxes, in violation of 18 U.S.C. 2342(a).
INTRODUCTION
2. Title 18, United States Code, Section 2342(1) defines contraband cigarette trafficking and
states, "It shall be unlawful for any person knowingly to ship, transport, receive, possess,
sell, distribute, or purchase contraband cigarettes."
3. Title 18, United States Code, Section 2341(2) defines "contraband cigarettes," as "a
quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of
applicable State or local cigarette taxes in the State or locality where the cigarettes are
found, if the State or local government requires a stamp, impression, or other indication
to be placed on packages or other containers of cigarettes to evidence payment of
cigarette taxes, and which are in the possession of any person other than"
a. A person holding a permit issued pursuant to chapter 52 ofthe Internal Revenue
Code of 1986 as a manufacturer of tobacco products or as an export warehouse
proprietor, or a person operating a customs bonded warehouse pursuant to section
311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or an agent of such
person;
b. A common or contract carrier transporting the cigarettes involved under a proper
bill oflading or freight bill which states the quantity, source, and destination of
such cigarettes;
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c. A person -
1. who is licensed or otherwise authorized by the State where the cigarettes
are found to account for and pay cigarette taxes imposed by such State;
and
11. who has complied with the accounting and payment requirements relating
to such license or authorization with respect to the cigarettes involved; or
d. An officer, employee, or other agent of the United States or a State, or any
department, agency, or instrumentality of the United States or a State (including
any political subdivision of a State) having possession of such cigarettes in
connection with the performance of official duties.
4. Virginia Code 58.1-1001 states that:
A. Except as provided in subsection B, in addition to all other taxes now imposed by
law, every person within this Commonwealth who sells, stores or receives cigarettes
made of tobacco or any substitute thereof, for the purpose of distribution to any person
within this Commonwealth, shall pay to this Commonwealth an excise tax of one and
one-quarter mills on each such cigarette sold, stored or received before August 1,2004;
an excise tax of one cent on each such cigarette sold, stored or received on and after
August 1, 2004, through midnight on June 30, 2005; and an excise tax of 1.5 cents on
each such cigarette sold, stored or received on and after July 1,2005.
B. In addition to all other taxes now imposed by law, every person within the
Commonwealth who sells, stores, or receives roll-your-own tobacco, for the purpose of
distribution within the Commonwealth, shall pay to the Commonwealth a cigarette excise
tax at the rate of 10% of the manufacturer's sales price of such roll-your-own tobacco.
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5. Virginia Code 58.1-1003 states that:
A. Except as otherwise specifically provided pursuant to 58.1-1003.2, the taxes
imposed by this chapter shall be paid by affixing stamps equaling the amount of the tax in
the manner set forth. The stamps shall be affixed to each individual package, bag, box or
can in such a manner that their removal will require continued application of water or
steam. Every stamping agent in the Commonwealth shall affix to any unstamped
cigarettes the requisite denominations and amount of stamp or stamps that represent the
proper tax levied by this chapter prior to shipping to other wholesale dealers or retail
outlets.
6. A "master case" of cigarettes, also known as a "case" of cigarettes, contains 60 cartons of
cigarettes.
7. A "half-case" of cigarettes contains 30 cartons of cigarettes.
8. A standard "carton" of cigarettes contains 10 packs of cigarettes.
9. A standard "pack" of cigarettes contains 20 cigarettes.
10. "Taxed" or "stamped" cigarettes means a State or local tax stamp has been affixed to the
cigarettes.
11. "Untaxed" or "unstamped" cigarettes means a State or local tax stamp has not been
affixed to the cigarettes.
12. The Commonwealth of Virginia has experienced an influx of organizations and
individuals who buy large volumes of cigarettes to transport to other states. Virginia is a
source state for low-cost, low-tax cigarettes. States that impose high taxes are often
destination states, such as New York.
13. In 2009 and 2010, the Commonwealth of Virginia levied a cigarette tax of $0.30 per pack
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or $3.00 per carton of cigarettes.
14. In 2009 the State of South Carolina levied a cigarette tax of $0.07 per pack of cigarettes
but on July 1, 2010 increased this tax to $0.57 per pack.
15. South Carolina does not require that a tax stamp be affixed to cigarettes sold in the state
of South Carolina.
16. In 2009 and 2010, the State of New York levied a cigarette tax of$2.75 per pack or
$27.50 per carton of cigarettes.
17. In 2009 and 2010, New York City levied a cigarette tax of$1.50 per pack or $15.00 per
carton of cigarettes (plus the state tax levy of $2.75 per pack-equaling a combined tax
levy of $4.25 per pack) or $42.50 total per carton of cigarettes. This tax is included in the
retail price indicated below.
18. Effective April 1, 2009, the Children's Health Insurance Program Reauthorization Act of
2009 (CHIPRA) increased the federal cigarette tax on cigarettes.
19. There are many different kinds and quality levels of cigarettes. Marlboro cigarettes, for
example, are a Tier One, meaning highest quality level, cigarette that in 2010 retailed in
Virginia for approximately $36.00 per carton. The wholesale price in 2010 in Virginia
for this same carton of cigarettes would be approximately $32.08.
20. In 2009, the retail price for a carton of Marlboro cigarettes in South Carolina was
approximately $30.00.
21. In 2009, the retail price for a carton of Marlboro cigarettes in New York was
approximately $71.00.
22. In 2009, the retail price for a carton of Marlboro cigarettes in New York City was
approximately $88.00.
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23. The difference in price of a carton of cigarettes in Virginia as compared to South
Carolina, New York, and other high cigarette tax states is such that individuals engaged
in the illegal trafficking of cigarettes can make a substantial amount of money by buying
cigarettes in Virginia, paying the Virginia cigarette tax, and selling them in other states
that levy a greater tax. Individuals engaged in the trafficking of contraband cigarettes can
make even more money by buying untaxed cigarettes and selling them in states that levy
a greater cigarette tax. The procurement of cigarettes from low tax states or untaxed
cigarettes for sale in high tax states without paying the cigarette tax in the high tax state is
the essence of contraband cigarette trafficking.
24. The illegal profits generated by the sale of contraband cigarettes in high tax states can
also be used to make additional cigarette purchases from low or no tax sources. In this
way the contraband cigarette trafficking enterprise can continue.
25. Consequently, to conceal their contraband cigarette trafficking, participants often file
false or misleading reports with state agencies, and/or place counterfeit state tax stamps
on the cigarette packs they sell.
26. The Bureau of Alcohol, Tobacco, and Firearms is the principal federal agency
responsible for investigating the transportation and possession of contraband cigarettes.
MANNER AND MEANS OF THE CONSPIRACY
27. It was part of the conspiracy for the defendants to acquire untaxed cigarettes in the
Western Judicial District of Virginia and to transport them or have them transported for
distribution in South Carolina, Pennsylvania, New York, and other locations known and
unknown to the Grand Jury.
28. It was further part of the conspiracy that as of July 18, 2011, during the course of the
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conspiracy, the defendants have purchased from undercover law enforcement officers
approximately 925,329 cartons of untaxed cigarettes. The defendants have paid law
enforcement officers approximately $20,924,498.56 for the untaxed cigarettes.
29. It was a further part of the conspiracy that the defendants used various businesses to
facilitate and conceal their illegal conduct.
30. It was a further part of the conspiracy that the defendants used various bank accounts to
conceal proceeds from their illegal conduct.
31. It was a further part of the conspiracy that the defendants used proceeds from their illegal
conduct to promote their business in contraband cigarettes.
32. It was a further part of the conspiracy that during the course of the conspiracy, the
defendants deprived the Commonwealth of Virginia of more than $2,775,987 (925,329
cartons x $3 a carton) in cigarette taxes. Contraband cigarettes that were transported and
sold in other states resulted in the loss of additional tax revenues to those states.
Cigarettes obtained and sold by the defendant without having paid the federal cigarette
tax deprived the federal government of additional tax revenue.
BACKGROUND INFORMATION
33. In 2009, ATF initiated an undercover investigation into the illicit cigarette trade, money
laundering, and other criminal conduct.
34. In 2009, ATF officers advertised the sale of tobacco products from a fictitious,
undercover company identified herein as V. T. and known to the Grand Jury.
35. During the course of this investigation ATF operated an undercover warehouse in
Edinburg, Virginia (hereafter "Edinburg warehouse").
36. During the course of this investigation A TF engaged the assistance of a cooperating
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individual, CI-l, who operated a cigarette wholesale business. This individual operated a
warehouse in Bristol, Virginia (hereafter "Bristol warehouse").
37. During the relevant time frame Fairfax County Police Department (FCPD) conducted an
undercover investigation into the illicit cigarette trade, money laundering, and other
criminal activity.
38. During its investigation, FCPD operated an undercover warehouse in Chantilly, Virginia
(hereafter "Chantilly warehouse").
OVERT ACTS
In furtherance ofthe conspiracy and to affect the objects of the conspiracy, the following
overt acts, among others, were committed in the Western District of Virginia and elsewhere:
39. In July 2009, an undercover law enforcement officer (hereafter "UC" will be used to
identify undercover law enforcement officers) Flagg received a telephone call from
JOSEPH EMMANUEL (hereafter EMMANUEL), who requested information regarding
the sale of tobacco products and indicated that he was interested in purchasing cigarettes.
UC Flagg told EMMANUEL that V.T. only sold untaxed tobacco products.
EMMANUEL told UC Flagg that was fine. EMMANUEL stated he was located in South
Carolina.
40. On July 23,2009, EMMANUEL called UC Flagg and stated he was still interested in
purchasing cigarettes but would do so in August.
41. On August 2,2009, EMMANUEL called UC Flagg and ordered 600 cartons of untaxed
cigarettes.
42. On August 3, 2009, EMMANUEL and UC Flagg agreed to meet on August 6 at which
time EMMANUEL would be taken to purchase untaxed cigarettes at the Edinburg
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warehouse.
43. On August 6, 2009, EMMANUEL met UC Flagg at a gas station located near Edinburg,
Virginia. UC Flagg then escorted EMMANUEL to the Edinburg warehouse.
EMMANUEL told UC Flagg that he had a truck-stop located off of Interstate 85 in South
Carolina and was fairly busy, but he could not make a lot of money with the truck-stop so
he was selling cigarettes a few cases at a time to truckers, knowing that the cigarettes
were being transported north to other states. He stated that he did this "off-paper." He
also stated that he used to go to West Virginia to get his cigarettes. EMMANUEL
purchased and received 540 cartons of untaxed cigarettes from UC Flagg. EMMANUEL
paid the UCs $16,440. EMMANUEL concealed the cigarettes inside large black trash
bags and placed them in his vehicle.
44. On August 18, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 600 cartons of untaxed cigarettes. EMMANUEL paid UC Flagg
$18,000. During the transaction EMMANUEL stated that the cigarettes he was buying
were going to his cousin, who had three stores in Philadelphia. EMMANUEL also told
UC Flagg that the cash used for the transaction belonged to his cousin.
45. On August 23, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 480 cartons of untaxed cigarettes. EMMANUEL paid the UCs
$10,500. During the transaction, EMMANUEL stated that he had previously purchased
cigarettes from a source in West Virginia. EMMANUEL also stated he was headed back
to South Carolina.
46. On August 28, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 120 cartons of untaxed cigarettes. EMMANUEL paid UC Flagg
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$5,920. During the transaction EMMANUEL told UC Flagg that he was supplying
cigarettes to a friend in New York City. EMMANUEL said this friend owned six
convenience stores in the New York City area. When asked, EMMANUEL also
explained that his friend used counterfeit New York tax stamps on the cigarettes.
EMMANUEL said his friend had a contact that would pick up the unstamped cigarettes
and return them 3 days later with counterfeit cigarette tax stamps. EMMANUEL agreed
to check if he could get counterfeit cigarette tax stamps for UC Flagg. While loading the
untaxed cigarettes into EMMANUEL's vehicle, UC Flagg saw three other large
cardboard boxes already in the vehicle. EMMANUEL told UC Flagg that he had just
picked up some other cigarettes at another location in Virginia and his other source put
the cigarettes in the cardboard boxes.
47. On September 4,2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 360 cartons of untaxed cigarettes. EMMANUEL paid a UC
$11,280.
48. On September 16, 2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 360 cartons of untaxed cigarettes. EMMANUEL
paid UC Flagg $9,000. During the transaction EMMANUEL said he would be able to
get a sample of the counterfeit cigarette tax stamps he had previously mentioned.
49. On September 22, 2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 660 cartons of untaxed cigarettes. EMMANUEL
paid UC Baker $16,500.
50. On September 29,2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 900 cartons of untaxed cigarettes. EMMANUEL
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paid UC Flagg $22,000. During the transaction EMMANUEL provided UC Flagg with
three sheets of counterfeit cigarette tax stamps, totaling 200 stamps for New Jersey and
240 stamps for New York and New York City combined. EMMANUEL said he could
sell the counterfeit cigarette tax stamps for $0.30 each. EMMANUEL also stated he was
on his way to New York. EMMANUEL also mentioned that he was underreporting on
his taxes, stating he ran a cash business and no one knew how much he really made.
51. On October 1, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1920 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $45,000. EMMANUEL picked up the untaxed cigarettes using two vans
(EMMANUEL loaded one van, left for a few minutes and returned with the second van).
EMMANUEL indicated he had another individual assisting him that waited with the
second van near Interstate 81. During the transaction EMMANUEL told UC Flagg that
he had a contact that was able to get counterfeit cigarettes that were made in China.
EMMANUEL agreed to get UC Flagg a sample of the counterfeit cigarettes.
52. On October 6, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1570 cartons of untaxed cigarettes. EMMANUEL paid UC
Baker $54,000. During the transaction, EMMANUEL indicated he was on his way to
New York to pick up $6,000 worth of counterfeit cigarette stamps that UC Flagg had
requested.
53. On October 8, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 780 cartons of untaxed cigarettes. EMMANUEL paid UC Flagg
$37,500. EMMANUEL provided UC Flagg with a sample of counterfeit cigarettes made
in China. In regards to obtaining a shipment of counterfeit cigarettes from China,
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EMMANUEL told UC Flagg it would cost $2,900 to rent a shipping container, $15,000
to get the load through Chinese customs, plus $256 for each 50 cartons of counterfeit
cigarettes. EMMANUEL also provided UC Flagg with approximately 10,080 counterfeit
New York cigarette tax stamps and approximately 1200 counterfeit New Jersey cigarette
tax stamps.
54. On October 13, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1680 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $13,870. During the transaction EMMANUEL said his cousin had brought the
second van and was waiting nearby. During further discussion regarding the purchase of
counterfeit cigarettes made in China, EMMANUEL told UC Flagg that EMMANUEL
had met his contact through the individual that creates the counterfeit cigarette tax stamps
and that his contact did not want to be involved in the money transfer. EMMANUEL
told UC Flagg that UC Flagg would have to wire his payment for the counterfeit
cigarettes to a Chinese import business.
55. On October 15, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1140 cartons of untaxed cigarettes. EMMANUEL paid UC
Baker $49,000.
56. On October 20, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 570 cartons of untaxed cigarettes. EMMANUEL paid UC Flagg
$28,500.
57. On October 22,2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 2130 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $20,240. EMMANUEL also provided UC Flagg with approximately 5,520
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counterfeit New Jersey cigarette tax stamps. EMMANUEL also explained that he had
met his counterfeit cigarette contact, "Peter," and placed a conference call to the contact
in China, "Chen". EMMANUEL said that he told "Peter" that he was buying the
counterfeit cigarettes and UC Flagg was his business partner. EMMANUEL then
explained the financial terms of the deal, specifically that UC Flagg would have to wire a
30% down payment to "Chen" in China, wire an additional 40% when the order was
finished production, and wire the final 30% once the order had been placed in a shipping
container and processed for shipping.
58. On October 27, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1200 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $59,970. During the transaction EMMANUEL provided approximately 40,000
counterfeit cigarette stamps for New York and New Jersey. EMMANUEL said the
stamps were made in Brooklyn, New York. EMMANUEL told UC Flagg that if he
ordered 60,000 counterfeit cigarette tax stamps, EMMANUEL'S counterfeiter would
make counterfeit Virginia cigarette tax stamps that would cost $0.12 each.
59. On October 29, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1440 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $38,000. During the transaction EMMANUEL said the cigarettes were being taken
to Philadelphia.
60. On November 3, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1230 cartons of untaxed cigarettes. EMMANUEL paid a UC
$49,000. During the transaction EMMANUEL told UC Flagg that he was thinking about
getting a larger van, saying he needed to get more cigarettes per trip. EMMANUEL said
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he was going to start a fictitious business, buy a larger van, and register the van to the
fictitious business.
61. On November 5, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1170 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $34,460.
62. On November 10, 2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 1175 cartons of untaxed cigarettes. EMMANUEL
paid UC Flagg $40,000.
63. On November 18,2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 3090 cartons of untaxed cigarettes. EMMANUEL
paid UC Flagg $34,300. EMMANUEL arrived at the warehouse driving a van with a
Pennsylvania registration. The van had a business name, North East Couriers, Inc. with a
New Jersey address listed on the side and rear of the van. EMMANUEL also provided
UC Flagg with approximately 60,000 counterfeit Virginia cigarette tax stamps.
64. On November 24, 2009, EMMANUEL arrived at the Edinburg warehouse.
EMMANUEL purchased and received 2910 cartons of untaxed cigarettes. EMMANUEL
paid UC Flagg $85,100.
65. On December 1,2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 1560 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $110,120.
66. On December 3, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3180 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $49,510.
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67. On December 8, 2009, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 2220 cartons of untaxed cigarettes. EMMANUEL paid UC
Baker $93,610.
68. On January 5, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 2310 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $42,250.
69. On January 14,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 2940 cartons of untaxed cigarettes. EMMANUEL paid UC
Baker $86,000.
70. On January 20, 2010, at a location near Bristol, Virginia, EMMANUEL indicated that he
wanted to purchase a good fourth tier cigarette that he could sell in South Carolina. A
cooperating individual (identified herein as CI-l and known to the Grand Jury) told
EMMANUEL that he, CI -1, was importing a foreign cigarette, indentified herein as
Brand P. CI-l explained to EMMANUEL that it was possible to import the cigarettes
without paying the MSA (Master Settelement Agreement) charge. CI-l told
EMMANUEL it was also possible to sell the cigarettes to EMMANUEL without paying
the state cigarette taxes. EMMANUEL said he like this idea and wanted to know how
soon he could get the first shipment of Brand P. During the conversation, EMMANUEL
also said that he was going to sell Brand P in South Carolina and not divert it out of state.
EMMANUEL also said that he no longer sold untaxed cigarettes in New York, but now
sells the untaxed premium brands in New Jersey because it involved less risk.
EMMANUEL and UC Flagg also agreed that Brand P would be sold to EMMANUEL by
V.T., but that Brand P would be available for pick-up at the Bristol warehouse.
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EMMANUEL told UC Flagg that he had obtained a tobacco wholesaler's license in
South Carolina and wanted to underreport his cigarette purchases and so as to pay taxes
on only a portion of the cigarettes he purchased. EMMANUEL and UC Flagg agreed
that EMMANUEL would only be invoiced for a portion ofthe Brand P cigarettes he
purchased.
71. On January 22,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3838 cartons of untaxed cigarettes. EMMANUEL paid the UCs
$97,050.
72. On January 28,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3030 cartons of untaxed cigarettes. EMMANUEL paid the UCs
$95,000. During the transaction EMMANUEL told UC Flagg to invoice only 30% ofthe
Brand P cigarettes that he purchased.
73. On February 17,2010, EMMANUEL (and two other individuals identified as "Eddy,"
and "Jose") arrived at the Edinburg warehouse. EMMANUEL, "Eddy" and "Jose"
purchased and received 5820 cartons of untaxed cigarettes. EMMANUEL paid UC
Baker $144,780. EMMANUEL also provided the UC with approximately 30,030
counterfeit Virginia cigarette tax stamps and approximately 21,840 counterfeit New York
cigarette tax stamps.
74. On February 23,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 4230 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $190,980, including $25,230 by check (#1012, drawn on Bank of America account
n u m b e ~ held in the name of Tristar Retail Supplies LLC).
75. On March 2, 2010, EMMANUEL and two other individuals identified as "Eddy," and
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-------------------------------------------- - ~ - - - - -
"Jose" arrived at the Edinburg warehouse. EMMANUEL purchased and received 2460
cartons of untaxed cigarettes. EMMANUEL paid UC Baker $109,300.
76. On March 4,2010, at a location in Fair Play, South Carolina, EMMANUEL received
2280 cartons of untaxed cigarettes that he had previously ordered.
77. On March 17,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3330 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $140,300. During the transaction, EMMANUEL told UC Flagg that he was going
to be supplying again his 7-11 customer on Long Island, New York and would need an
additional 30 cases a week added to his order. EMMANUEL also said that this person
had a few stores, but also banded together with other stores to share in the untaxed
cigarette arrangement.
78. On March 23, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 9060 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $243,700 ($186,782 in cash and $56,918.00 by check, #1016 drawn on Bank of
America account number held in the name of Tristar Retail Supplies
LLC). During the transaction EMMANUEL said one of the bags of money was from his
cousin. EMMANUEL also told UC Flagg that he needed about 50 cases of cigarettes that
were going to Long Island, New York. EMMANUEL said he had a customer in New
York that was buying 100 cases each week of Marlboro cigarettes from him.
79. On March 24,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3060 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $96,972. During the transaction, EMMANUEL told UC Flagg that he had to put
the cases of cigarettes inside trash bags that his customer had supplied. EMMANUEL
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indicated that his customer, who owned 7-11 stores on Long Island, wanted it that way.
EMMANUEL explained that the customer stores the cigarettes in his home garage;
however the customer is unable to back up completely to the garage and he has to carry
the cigarettes back and forth between the garage and his van and does not want his
neighbors to see the cases of cigarettes.
80. On March 30, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3510 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $113,040 in cash. During the conversation EMMANUEL said he was going to
charge his Long Island customer $1 per carton as a bagging fee. EMMANUEL also said
that while he was picking up cigarettes on March 26 near Bristol, Virginia he talked with
CI -1 regarding the price EMMANUEL was charging for Brand P cigarettes, which was
below the legitimate wholesale price. EMMANUEL told UC Flagg that based on that
conversation, he was still going to charge the lower price but invoice the cigarettes at a
higher price so as to give the appearance that he was charging the standing price.
8!. On April 4, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 3840 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $100,650. During the transaction, EMMANUEL and UC Flagg discussed prior
arrangements to obtain counterfeit cigarettes from China. EMMANUEL asked UC Flagg
how the samples of counterfeit cigarettes looked. EMMANUEL told UC Flagg that he
would be travelling to New York the following week and would speak with his contact to
see if he could call the Chinese manufacturer.
82. On April 13, 2010, at the Chantilly warehouse, ANJAY PATEL met with UC Andrea and
UC Wright to discuss the sale of untaxed cigarettes. During this conversation ANJA Y
USAO#201IR00382
18
PATEL stated he wanted untaxed cigarettes. ANJAY PATEL purchased and received
7380 cartons of untaxed cigarettes. ANJAY PATEL paid the UCs $114,970 in cash (on
April 15, 2010 UC Andrea received via FedEx additional payment in the form of check
#1122 for $11,030 drawn on Carolina First Bank account number held in the
name ofMani One Inc DBA Comer Stop 113; on April 22, 2010 UC Andrea received via
FedEx additional payment in the form of check #1621 for $28,980, drawn on First
Citizens Bank and Trust Company account H ~ ' H U ' ~ ' held in the name of
Zambezi Holdings LLC). During the transaction ANJA Y PATEL said he owned
numerous stores in the Carolinas and sold the cigarettes in these stores. ANJA Y PATEL
also said he sells the cigarettes to other store owners. ANJAY PATEL told the UCs that
he could launder money for them and assist them in laundering money for them. ANJA Y
PATEL said he launders money through an oil company. ANJAY PATEL told UC
Andrea to create a shell company to launder money and that ANJAY PATEL would pay
the shell companies. ANJAY PATEL said he had two partners, BOSS RAMSEY and
N.R. (an individual known to the Grand Jury). ANJAY PATEL said he hides his money
in various business accounts.
83. On April 13, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 6180 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $219,150 ($191,760 in cash and $27,390 by check #1018 drawn on
Bank of America account number in the name of Tristar Retail
Supplies LLC).
84. On April 15, 2010, ANJAY PATEL told UC Andrea via text message that he would need
six names for checks that would be created to launder $50,000 in cash that was to be
USAO#2011R00382
19
provided by UC Andrea.
85. On April 21, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 5700 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg and Baker $193,900 in cash. During the transaction EMMANUEL provided UC
Flagg with approximately 19,292 counterfeit Virginia cigarette tax stamps.
EMMANUEL asked UC Flagg whether he still wanted counterfeit New York cigarette
tax stamps. EMMANUEL also informed UC Flagg that he was changing his telephone
number because he had had his current number for the last two years and it was time to
change numbers.
86. On April 23, 2010 in Alexandria, Virginia, ANJAY PATEL received $45,000 in cash
from UC Andrea to launder and ANJAY PATEL gave UC Andrea check #1630 for
$42,750 drawn on First Citizens Bank and Trust account number held in
the name of Zambezi Holdings LLC in laundered proceeds. ANJA Y PATEL also paid
UC Andrea with multiple checks (#1332 for $25,080 drawn on The Palmetto Bank
account n w n b ( ~ r held in the name of Sabdi Corporation, Inc. DBA Raceway
6750; #4397 for $4,080 drawn on The National Bank of South Carolina account number
in the name of Steve R. White DBA Piedmont Tobacco; #1023 for
$43,120 drawn on Bank of America account n w n b < ~ r held in the name of
Tristar Retail Supplies; #1022 for $40,000 drawn on Bank of America account number
held in the name of Tristar Retail Supplies; #1021 for $40,000 drawn on
Bank of America account number held in the name of Tristar Retail
Supplies; #1045 for $30,840 drawn on First Citizens Bank and Trust account number
in the name ofKRJ Inc, DBA Sav Way #28). Later than evening
USAO#201IR00382
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PURVINKUMAR PATEL paid UC Andrea $40,000 in cash towards 328 cases of
untaxed cigarettes to be picked up the following day. On the same day in Chantilly,
Virginia, "Harold" delivered $199,700 to other UCs as payment towards untaxed
cigarettes that had been ordered.
87. On April 24, 201O,ANJAYPATEL, VIRESHPATEL, PURVINKUMARPATEL, and
"Harold" arrived at the Chantilly warehouse and received 385 cases (328 as requested
plus an additional 57 requested that day) of untaxed cigarettes paid for in part by checks
received via FedEx on April 29, 2010 by UC Andrea (#1633 for $52,530 from First
Citizens Bank and Trust account by Zambezi Holdings;
#1043 for $10,000 from Fifth Third Bank account number by Bharat
M. Patel; and #230 for $10,000 from JP Morgan Chase Bank account number_
held by Bharat M. Patel).
88. On April 27, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 8700 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $374,910 ($276,955 in cash and $97,955 by check #1001 drawn on The
. Peoples Bank account number_held in the name of Tristar Retail Supplies
LLC). During the transaction, EMMANUEL provided UC Flagg with approximately
20,160 counterfeit combined New York City and New York State cigarette tax stamps.
89. On May 11, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 8700 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $234,840 ($207,120 in cash and $27,720 by check #1024 drawn on
Bank of America account in the name of Tristar Retail
Supplies LLC). After returning from swapping vehicles, EMMANUEL commented on
USAO#2011R00382
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the number of undercover police cars in the area, stating he had a hard time making the
vehicle swap at his usual spot because of the police. During the transaction
EMMANUEL stated he was happy because he did not have to drive either of his two
loads of cigarettes that he had just purchased to New York because the drivers had come
down to meet him.
90. On May 18,2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 9060 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $237,000 ($209,000 in cash and $28,000 by check #1005 drawn on The
Peoples Bank account number in the name of Tristar Retail Supplies
LLC). During the transaction, EMMANUEL said he had won the lottery because South
Carolina had increased its state cigarette tax from $0.07 per pack to $0.57 per pack.
EMMANUEL also mentioned that the load of cigarettes he had just purchased was going
to New York.
91. On May 24, 2010, "Harold" and CHRIS MONEYHAN (hereafter MONEYHAN) arrived
at the Chantilly warehouse. MONEYHAN gave UC Andrea a bag containing cash and
checks (#1008 for $55,000, #1009 for $65,000, and #1010 for $70,000, all drawn on The
Peoples Bank account number __ held by Tristar Retail Supplies LLC; #1020
signed by BOSS RAMSEY for $70,000 drawn on American Community Bank account
number __ held by Lucky Strike Amusements LLC with the payee section left
blank; and #242435 for $24,500 and #242433 for $31,500 both drawn on First Citizens
account number held by Zambezi Holding LLC). "Harold" told UC
Andrea the bag contained $200,000 in cash. "Harold" and MONEYHAN received the
first of two loads of untaxed cigarettes (related to a 907 case deal). The transaction had
USAO#2011R00382
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been previously arranged between UC Andrea and ANJA Y PATEL and VIRESH
PATEL.
92. On May 25, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 5130 cartons of untaxed cigarettes. EMMANUEL paid UCs
Flagg and Baker $165,570 in cash.
93. On May 26, 2010, ANJAY PATEL, VIRESH PATEL, and PURVINKUMAR PATEL
arrived at the Chantilly Warehouse. ANJAY PATEL received from UC Andrea $90,000
in cash to launder. ANJAY PATEL gave UC Andrea $85,000 in checks (#1177 for
$30,000 from Provident Community Bank aCC:OUllt by Jambo
Investments DBA Comer Stop #111; #1036 for $25,500 from Provident Community
Bank by Zambezi Holdings DBA Comer Stop 1l0; #1l76
for $30,000 from Provident Community Bank account by Jambo
Investments as laundered proceeds. (These check were never cashed but were replaced
by ANJAY PATEL with three other checks - #1l96 and #1l97 both drawn on a
Provident Community Bank account held by Jambo Investments LLC DBA Comer Stop
# Ill, and # 1 047 drawn on a Provident Community Bank account held by Zambezi
Holdings LLC DBA Comer Stop 110 - received by UC Andrea on June 21,2010.)
ANJAY PATEL gave UC Andrea $200,000 in cash and $454,000 by check (#1037
drawn on Provident Community Bank account by Zambezi
Holdings DBA Comer Stop 110) towards untaxed cigarettes. ANJA Y PATEL received
the second load of untaxed cigarettes (related to the 907 case deal). During this
transaction, ANJAY PATEL told UC Andrea that he launders money through Lucky
Amusement Company and an A TM business.
USAO#2011R00382
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94. On May 28,2010 at the Manassas, Virginia airport ANJAY PATEL received back from
UC Andrea check #1037 for $454,000 drawn on Provident Community Bank account
by Zambezi Holdings DBA Comer Stop 110. ANJAY PATEL paid
UC Andrea $453,920 in cash.
95. On June 2, 2010, EMMANUEL arrived at the Edinburg warehouse. EMMANUEL
purchased and received 7500 cartons of untaxed cigarettes. EMMANUEL paid UC
Flagg $242,850 in cash. During the transaction, EMMANUEL stated he was thinking
about getting rid of his New York customers, stating that due to the pending increase in
the South Carolina cigarette tax he would be better off taking his cigarettes to South
Carolina. EMMANUEL said there would be less risk involved taking the cigarettes to
South Carolina rather than New York. EMMANUEL said there was such a demand in
New York for cigarettes it would be hard for him to supply both New York customers
and South Carolina customers with the limited amount of supply he could get.
96. On June 15,2010, in Chantilly, Virginia, MONEYHAN gave UC Andrea a Land Rover
Range Rover as partial payment towards 200 cases of untaxed cigarettes. ANJA Y
PATEL purchased the vehicle on June 10, 2010.
97. On June 16, 2010, in northern Virginia, VlRESH PATEL gave UC Andrea two bags
containing cash, stating they contained $181,020. On the same day at the Edinburg
warehouse MONEYHAN received 200 cases of untaxed cigarettes. ANJAY PATEL had
previously arranged this transaction.
98. On June 16, 2010, EMMANUEL and PRESTON MCCURLEY (MCCURLEY) arrived
at the Edinburg warehouse. EMMANUEL purchased and received 15,300 cartons of
untaxed cigarettes. EMMANUEL paid UC Flagg $467,280 in cash. During the
USAO#2011 R00382
24
transaction, MCCURLEY told UC Flagg that he worked for EMMANUEL in South
Carolina selling cigarettes and that he did all the work while EMMANUEL sat back and
watched. MCCURLEY said that EMMANUEL paid him well and that he could sell
more cigarettes ifhe could obtain them. EMMANUEL stated that he paid MCCURLEY
four figures a week.
99. On June 22, 2010, EMMANUEL and MCCURLEY arrived at the Edinburg warehouse.
EMMANUEL purchased and received 14,460 cartons of untaxed cigarettes.
EMMANUEL paid UC Flagg $390,030 in cash. EMMANUEL provided UC Flagg with
approximately 40,000 counterfeit combined New York State and New York City
cigarette tax stamps. EMMANUEL stated that his source was asking $0.15 per
counterfeit cigarette tax stamp, but that he was able to get them for $0.12 per stamp.
During the transaction EMMANUEL stated that one of the loads was going to New York.
EMMANUEL told UC Flagg that he had a warehouse, approximately 5500 square feet,
near Easly, South Carolina
100. On July 6,2010, EMMANUEL and UC Flagg travelled to EMMANUEL's warehouse
located in Easly, South Carolina. When they arrived, MCCURLEY was already present.
EMMANUEL purchased and received 3,300 cartons of untaxed cigarettes. During the
transaction, EMMANUEL showed UC Flagg the security camera set-up for the
warehouse that covered both the exterior and interior of the building. After receiving two
invoices from UC Flagg, one that was accurate and one that was fake, EMMANUEL
returned the accurate one to UC Flagg. EMMANUEL paid UC Flagg $151,000 by
check #1014 drawn on The Peoples Bank account number held in the name of
Tristar Retail Supplies LLC.
USAO#201IR00382
25
a. When asked, EMMANUEL stated that he knew ANJAY PATEL and called him
"Jay." EMMANUEL stated he knew ANJAY PATEL was buying large
quantities of cigarettes from a source in Northern Virginia, "Sully," and that
ANJA Y PATEL was running these cigarettes back to South Carolina. When
ANJAY PATEL could not sell everything that he had purchased, EMMANUEL
said he would buy these cigarettes for $27.50 per carton. When advised that UC
Flagg had recently made a large sale of contraband cigarettes to ANJA Y PATEL,
EMMANUEL told UC Flagg how many cases ANJA Y PATEL had purchased
and the brands. EMMANUEL said that ANJA Y PATEL had called him and
offered him some of the cigarettes. EMMANUEL also told UC Flagg that he was
aware ofa 200 case deal between ANJAY PATEL and "Sully," wherein ANJAY
PATEL gave "Sully" a 2009 Range Rover SUV as part of the deal.
EMMANUEL explained that ANJA Y PATEL had asked him to purchase the car
because ANJAY PATEL was out of town. EMMANUEL said he was the one
that bought the car for ANJAY PATEL to use in the deal.
b. When UC Flagg told EMMANUEL that UC Flagg was having issues getting large
sums of cash into the bank without raising suspicions from the branch manager,
EMMANUEL suggested buying real estate and said he understood and
commented that his guy (an individual known to the Grand Jury but identified
herein as "D.L.") who is a bank president, is good to work with. EMMANUEL
agreed to speak with D.L. on UC Flagg's behalf and see ifhe could get something
worked out. EMMANUEL explained to UC Flagg that D.L. was okay to work
with; he had already worked with D.L.; and he was supplying D.L. with untaxed
USAO#201IR00382
26
Philip Morris brand cigarettes because D.L. owned three convenience stores.
c. EMMANUEL told UC Flagg that he launders his money through different
investors in India. EMMANUEL then asked UC Flagg ifUC Flagg would
consider hiding his money in the Cayman Islands. EMMANUEL told UC Flagg
that he had contacts in New York that knew people in the Cayman Islands that
could possibly help.
d. EMMANUEL told UC Flagg that VIRESH PATEL was ANJAY PATEL'S
brother and PURVINKUMAR PATEL ran the day to day operations for ANJAY
PATEL.
e. As part of this conversation, UC Flagg and EMMANUEL discussed an
arrangement whereby ANJA Y PATEL had helped launder money for "Sully" and
one of "Sully's" associates. When UC Flagg explained to EMMANUEL that the
money being laundered had come from a marijuana dealer, EMMANUEL said he
knew what was going on and indicated he knew it was drug money that he had
helped ANJAY PATEL launder for "Sully."
101. On July 7, 2010, EMMANUEL called UC Flagg. EMMANUEL stated that he had
spoken with D.L. and D.L. was okay with the idea of helping UC Flagg. EMMANUEL
stated that D.L. suggested that EMMANUEL and D.L. meet with the bank's Chief
Financial Officer on July 12,2010 to figure out how to create this account for UC Flagg.
102. On July 9, 2010, ANJAY PATEL, PURVINKUMAR PATEL, and MONEYHAN arrived
at the Edinburg warehouse. ANJAY PATEL received 18,540 cartons of untaxed
cigarettes. ANJAY PATEL paid UC Flagg $386,950 ($299,950 in cash and $87,000 by
two checks, #1015 for $45,000 drawn on The Peoples Bank account number 720075670
USAO#201IR00382
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held in the name of Tristar Retail Sup/ies and #1025 for $42,000 drawn on Bank of
America account number held in the name of Tristar Retail Suplies).
During the transaction ANJAY PATEL told UC Flagg that $150,000 in cash came from
EMMANUEL. ANJA Y PATEL also told UC Flagg that he uses ATM machines that he
owns to launder several hundred thousand dollars a month.
103. On July 15,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 10,740 cartons of untaxed cigarettes. MCCURLEY paid UC Flagg $322,740
($199,490 in cash and $123,250 by two checks, check #1016 dated July 14,2010, for
$70,000 and check #1017 dated July 14,2010, for $53,250, both drawn on The Peoples
Bank account number held in the name of Tristar Retail Supplies LLC).
During the transaction, MCCURLEY pulled out two signed checks with the amounts to
be paid left blank. MCCURLEY told UC Flagg that EMMANUEL said to fill in the
checks if there was not enough money to cover the purchase and to split any amount over
$100,000 between two checks, but to use one check if the amount was less than
$100,000.
104. On July 16,2010, ANJA Y PATEL, PURVlNKUMAR PATEL, and MONEYHAN
arrived at the Edinburg warehouse. ANJA Y PATEL received 8,789 cartons of untaxed
cigarettes. ANJAY PATEL paid UC Flagg $169,870 in cash. Following the transaction
ANJA Y PATEL told UC Flagg that they had 110 stores in the Carolinas, stating they
owned the stores, but leased them out to tenants that run the stores. In order not to get
caught selling untaxed cigarettes, ANJAY PATEL said he requires the lessees to continue
purchasing about 30% of their cigarettes from a legitimate wholesaler. ANJAY PATEL
stated he had additional customers in North Carolina, Georgia, and one in Florida.
USAO#201IR00382
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ANJAY PATEL then told UC Flagg that he launders money through ATM machines he
located at various stores. ANJAY PATEL offered to launder money for UC Flagg for a
5% fee. ANJAY PATEL told UC Flagg that he owns 15 businesses but none of these
businesses are in his name, so that the businesses are insulated if he gets caught. ANJA Y
PATEL stated that some ofthe businesses are in his wife's name or brother's name.
lOS. On July 21,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 4140 cartons of untaxed cigarettes. MCCURLEY paid UCs Flagg and Baker
$162,690 ($99,210 in cash and $63,480 by check #1019 dated July 21,2010, drawn on
The Peoples Bank account number held in the name of Tristar Retail Supplies
LLC). During the transaction MCCURLEY gave UC Flagg the blank check - that was
already signed by EMMANUEL - and told UC Flagg to use the check to make up the
amount owed.
106. On July 26,2010, EMMANUEL and D.L. (an individual known to the Grand Jury) met
with UCs Flagg and Baker in Greensville, South Carolina to discuss the laundering of
proceeds from the sale of untaxed cigarettes. Prior to D.L.'s arrival at the meeting,
EMMANUEL told the UCs that D.L. was on the board of directors for the Seneca
National Bank, EMMANUEL had known D.L. for six years and trusted D.L. After D.L.
arrived, he, EMMANUEL, and the UCs engaged in a discussion regarding the laundering
and hiding of proceeds from the sale of untaxed cigarettes. After the UCs explained to
D.L. that they were looking for a way to hide their money where there would be no paper
trail as to its origin or ownership, D.L. said they should stay away from trying to put the
money into a banking institution and suggested short-term real estate investments. When
the UCs told D.L. that they might need to end their operation and leave town quickly with
USAO#201IR00382
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a good portion of their money, D.L. stated he understood and suggested several small real
estate deals that could be liquidated at different times. EMMANUEL, D.L. and the UCs
then discussed how to transfer the cash from the UCs to D.L. EMMANUEL suggested
that instead of him paying UC Flagg for untaxed cigarettes, EMMANUEL could send the
money to D.L. on behalf ofUC Flagg, the D.L. and EMMANUEL could send the
laundered proceeds to UC Flagg. During the meeting D.L. told UC Flagg that he was
buying cigarettes from EMMANUEL and asked UC Flagg if he could buy his cigarettes
cheaper from UC Flagg. Before leaving, D.L. told UC Flagg he would start looking for
investment opportunities for the UCs.
107. On July 27, 2010, VIRESH PATEL, PURVINKUMAR PATEL, and MONEYHAN
arrived at the Edinburg warehouse. VIRESH PATEL, PURVINKUMAR PATEL, and
MONEYHAN received 30000 cartons of untaxed cigarettes. VIRESH PATEL paid UC
Flagg $645,000 ($424,000 in cash and $221,000 by four checks #1021, #1022, and
#1023, all drawn on The People Bank account number held by Tristar Retails
Supplies LLC, and #1705 drawn on First Citizens Bank account number
held by Zambezi Holdings LLC). VIRESH PATEL and PURVINKUMAR PATEL also
provided UC Flagg with a 2010 Toyota FJ Cruiser as partial payment towards untaxed
cigarettes previously purchased by ANJA Y PATEL. During the meeting VIRESH
PATEL received from UC Andrea $75,600 in cash, an amount that ANJAY PATEL and
VIRESH PATEL had previously agreed to launder. VIRESH PATEL gave UC Andrea
three checks (#1707 for $36,850 drawn on First Citizens Bank and Trust Company
account number held by Zambezi Holdings LLC; #1095 for $14,820
drawn on First South Bank account number 0001007806 held by Mani Investments LLC;
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and #1123 for $20,150 drawn on Carolina First account number held by
Mani One Inc) totaling $71,820 in laundered funds. ANJAY PATEL had previously
arranged this transaction.
108. On July 27,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 10,800 cartons of untaxed cigarettes. MCCURLEY paid UC Flagg and Baker
$300,200 in cash. During the transaction MCCURLEY commented that South Carolina
authorities were conducting audits of tobacco sellers along the North Carolina/South
Carolina border. MCCURLEY stated that one of the stores being audited was a location
he and EMMANUEL had been selling cigarettes to, but that they no longer sold
cigarettes to that store.
109. On August 3,2010, MCCURLEY and N.S. (an individual know to the Grand Jury)
arrived at the Edinburg warehouse. MCCURLEY received 12,660 cartons of untaxed
cigarettes. MCCURLEY paid UCs Flagg and Baker $449,595 in cash. MCCURLEY
also gave UC Flagg approximately 19,565 counterfeit Virginia cigarette tax stamps.
MCCURLEY told UC Flagg that MCCURLEY was the one who had obtained the
counterfeit cigarette tax stamps and asked UC Flagg if there were any other states for
which he wanted counterfeit cigarette tax stamps. EMMANUEL had previously arranged
this transaction.
110. On August 4, 2010, ANJAY PATEL, PURVINKUMAR PATEL, and MONEYHAN
arrived at the Edinburg warehouse. ANJA Y PATEL, PURVINKUMAR PATEL, and
MONEYHAN received 10,740 cartons of untaxed cigarettes. ANJAY PATEL paid UC
Flagg $265,950 ($264,450 in cash and $1,500 in Western Union Money Orders).
ANJAY PATEL indicated that he would pay taxes on about one-quarter of the cigarettes
USAO#2011 R00382
31
he purchased. ANJA Y PATEL stated that he was too busy to sell to end users and was
better situated to sell in bulk to a few customers and lessen his exposure to getting
caught.
111. On August 10,2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 15,720 cartons of untaxed cigarettes. MCCURLEY paid UC
Flagg and Baker $449,390 in cash. MCCURLEY also gave UC Flagg counterfeit
cigarette tax stamps (approximately 20,160 New York, approximately 20,160 combined
New York City and New York State, and approximately 20,304 New Jersey stamps).
During the transaction, MCCURLEY told UC Flagg that EMMANUEL no longer makes
the trip from South Carolina because, if MCCURLEY is caught, EMMANUEL can bail
him out, but if EMMANUEL gets caught, no one can bail him out. MCCURLEY also
engaged UC Flagg in discussions regarding a new brand of cigarettes and asked UC
Flagg to order 100 cases of this new brand. MCCURLEY also asked UC Flagg to obtain
examples of Michigan and Washington, D.C. cigarette tax stamps. EMMANUEL had
previously arranged this transaction.
112. On August 17, 2010, ANJAY PATEL, VlRESH PATEL, and MONEYHAN arrived at
the Edinburg warehouse. ANJA Y PATEL, VlRESH PATEL, and MONEYHAN
received 8,100 cartons of untaxed cigarettes. ANJAY PATEL paid UC Flagg
$198,400.56 ($160,400 in cash and $38,000.56 via two cashier's checks from Zambezi
Holdings to V.T., #140095 for $22,000 issued by Yadkin Valley Bank and #451869 for
$16,000.56 issued by First Citizens Bank and Trust). When asked how long it would take
him to sell the cigarettes, ANJAY PATEL stated that they were already sold. ANJAY
PATEL stated that he sells the cigarettes by filtering them through 140 stores he is
USAO#2011R00382
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associated with in the Carolinas.
113. On August 17,2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 8,940 cartons of untaxed cigarettes. MCCURLEY paid UCs
Flagg and Baker $200,000 in cash. During the transaction, MCCURLEY advised UC
Flagg that EMMANUEL had packaged the money.
114. On August 26,2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 13,440 cartons of untaxed cigarettes. MCCURLEY paid UC
Flagg $407,095 in cash.
115. On August 27,2010, EMMANUEL called UC Flagg and asked whether he was
interested in participating in a deal wherein EMMANUEL, ANJA Y PATEL, and UC
Flagg would loan $1.2 million to an individual that owned a hotel in North Carolina. In
return they would make 30%. When UC Flagg indicated that this would be a good way
to clean up some of their money, EMMANUEL agreed.
116. On August 30, 2010, EMMANUEL and UC Flagg continued to discuss the loan proposed
by EMMANUEL on August 27. Specifically, EMMANUEL advised UC Flagg that the
loan would be for $800,000 not $1.2 million, with each party contributing approximately
$266,666. EMMANUEL also suggested that in lieu of paying UC Flagg for cigarettes,
EMMANUEL would cover UC Flagg's share ofthe loan.
117. On August 31, 2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 8220 cartons of untaxed cigarettes. Payment from MCCURLEY
to UC Flagg for the untaxed cigarettes was in the form of$115,415 in credit (based on
the arrangement reached between EMMANUEL and UC Flagg on August 30, 2010).
118. On September 1, 2010, in Buena, New Jersey, ANJAY PATEL, PURVINKUMAR
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33
PATEL, and VlRESH PATEL met with UC Andrea. ANJAY PATEL,
PURVINKUMAR PATEL, and VlRESH PATEL received 533 cases of untaxed
cigarettes. ANJAY PATEL gave UC Andrea $524,380 in cash and $102,320 in two
checks (#1714 and #1715, both drawn on a First Citizens Bank and Trust Company
account held by Zarnbezi Holdings LLC). As part of this deal ANJAY PATEL also paid
UC Andrea with a Mercedes Sprinter van that was delivered to UC Andrea on September
30,2010. ANJAY PATEL also gave UC Andrea check #1713 for $36,850 drawn on a
First Citizens Bank and Trust Company account held by Zarnbezi Holdings LLC as
laundered funds to replace a previously provided check that was returned due to
insufficient funds.
119. On September 2,2010, ANJAY PATEL sent to UC Flagg via email an Escrow
Agreement detailing the funds to be provided by V.T., ANJAY PATEL (Zarnbezi
Holdings LLC - SHILP ABEN PATEL) and EMMANUEL (Tristar Holdings LLC -
to fund an $800,000 loan.
120. On September 7, 2010, in Las Vegas, Nevada, ANJAY PATEL discussed with UC Flagg,
the $800,000 loan at 30% interest by ANJAY PATEL, EMMANUEL and UC Flagg to a
party through F.G. (an individual known to the Grand Jury). ANJAY PATEL stated the
closing was scheduled for September 7 or 8, and that the papers had been signed by all
parties (ANJAY PATEL'S wife (SHILPABEN PATEL), JOSEPH EMMANUEL's
( and UC Flagg). ANJAY PATEL stated that EMMANUEL
had taken F.G. the first $400,000 in cash last week and F.G. was converting the cash into
cashier's checks. ANJAY PATEL said he received a text message from EMMANUEL
stating that EMMANUEL had given F.G. the second $400,000 in cash that morning.
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ANJAY PATEL told UC Flagg that F.G. had given the money to the bank's compliance
officer, who was structuring the money into an account at the bank by shuffling the funds
through the various teller drawers to confuse the tellers and not generate CTRs (currency
transaction reports). ANJAY PATEL said the compliance officer was doing this in small
amounts as this would get it all cleaned up and then he would convert it to cashier's
checks.
a. When UC Flagg indicated this was a great way to launder money, ANJA Y
PATEL agreed. ANJAY PATEL said that F.G. does about $5,000,000 to
$6,000,000 each year. ANJAY PATEL also said that another good way to clean
money was through construction projects.
b. ANJA Y PATEL stated that he sends money to India for investment purposes
using a guy in Atlanta that operates an informal money transfer business (also
known as a "Hawala").
c. When asked about getting audited by the IRS, ANJA Y PATEL responded by
saying that the more confusing the records are, the better it is. ANJAY PATEL
said he was recently audited and gave the IRS boxes of documents and in the end,
the IRS asked ANJAY PATEL to only pay $12,000. ANJAY PATEL said the
IRS just wanted something, so it was easiest for him to settle on that amount and
get rid of them.
d. ANJA Y PATEL told the undercover agents that he was buying a convenience
store in North Carolina for $650,000, but offered the current owners $350,000 in
cash and the rest by check so everyone avoids the higher taxes. ANJAY PATEL
also acknowledged that he and EMMANUEL used their wives to sign documents
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and that ANJAY PATEL had five companies in his wife's name, SHILPABEN
PATEL. ANJAY PATEL said he has nothing in his actual name in South
Carolina, saying all the LLCs are in his wife's name, but ANJAY PATEL is listed
as the registered agent.
e. ANJAYPATEL then told the UCs about his petroleum company. ANJAY
PATEL said this company purchases refined fuel from a company in Florida and
they get the fuel for $0.20 less per gallon than regular fuel. ANJAY PATEL said
the federal fuel taxes are paid on this refmed fuel but they don't pay the state tax.
f. ANJAY PATEL then told the UCs about obtaining New Mexico driver's licenses
for $10,000 per license. ANJAY PATEL said that they had sent five people to
New Mexico the week prior and six people this week to get real New Mexico
driver's licenses using their Indian passports as their only identification. ANJA Y
PATEL said that the group organizing this scheme had now set up works in
Washington State.
g. ANJAY PATEL also told the UCs that he could get counterfeit Seneca brand
cigarettes but only in full flavor. ANJAY PATEL said these cigarettes were
coming from China and ANJAY PATEL had negotiated to pay $4 to $5 per
carton. ANJAY PATEL said he was only going to bring in one container
shipment per month because he did not want to flood the market.
121. On September 9,2010, at a peach farm in Gafney, South Carolina, VIRESH PATEL,
PURVINKUMAR PATEL, and BOSS RAMSEY received 39,300 cartons of untaxed
cigarettes. VIRESH PATEL told UC Flagg that the property belonged to BOSS
RAMSEY and his family. VIRESH PATEL told UC Flagg that this storage facility was
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temporary and a more permanent facility should be operational in the near future.
VlRESH PATEL paid UC Flagg $600,000 ($400,000 in cash and $200,000 by three
checks dated September 9, 2010, #1716 for $55,689, #1717 for $68,952, and #1718 for
$75,359, all drawn on First Citizens Bank and Trust account number held
in the name of Zambezi Holdings, LLC). VlRESH PATEL asked UC Flagg to structure
the deposit of the three checks over several days. VlRESH PATEL told UC Flagg that
ANJAY PATEL would wire transfer the remaining balance. During the transaction,
VIRESH PATEL acknowledged that the taxes had not been paid on the cigarettes he had
received. This transaction was arranged by ANJAY PATEL on August 23,2010.
122. On September 10,2010, in Spartanburg, South Carolina, EMMANUEL asked UCs Flagg
and Baker if they were aware of the source of a large load of cigarettes that ANJA Y
PATEL had received the day prior. EMMANUEL said that ANJAY PATEL had
contacted him and asked him to take some ofthe cigarettes. EMMANUEL said that
ANJAY PATEL had received about 650 cases. EMMANUEL also said that ANJAY
PATEL had about 50 stores in the Carolinas and leased others.
123. On September 10,2010, near Bristol, Virginia, EMMANUEL received a 2009 BMW
sedan from UC Lesnak for brokering a deal in which 394 cases of Chinese made
counterfeit Marlboro cigarettes were delivered on August 16, 2010 to the Bristol
warehouse.
124. On September 14,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 6000 cartons of untaxed cigarettes. MCCURLEY paid UCs Flagg and Baker
$75,805 in cash and $53,345 in credit (based on the arrangement reached between
EMMANUEL and UC Flagg on August 30, 2010) for the untaxed cigarettes.
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125. On September 15,2010, ANJAY PATEL called UC Flagg via telephone. During this
conversation, ANJA Y PATEL discussed another investment opportunity presented to
ANJAY PATEL by F.G. ANJAY PATEL explained that F.G. had been contacted by a
land owner in South Carolina that needed to borrow $75,000. ANJAY PATEL also said
that F.G. had asked ANJAY PATEL about receiving a fee for setting up these various
deals. When UC Flagg asked ANJAY PATEL ifF.G. was aware that UC Flagg was
laundering his illegal cigarette proceeds through these loans, ANJAY PATEL said F.G.
was fully aware of what was going on. ANJAY PATEL reassured UC Flagg that F.G.
knew about the money and the fact that he was helping launder money.
126. On September 20,2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 16,860 cartons of untaxed cigarettes. MCCURLEY paid UC
Baker $452,030 in cash and $97,907 in credit (based on the arrangement reached between
EMMANUEL and UC Flagg on August 30, 2010) for the untaxed cigarettes.
127. On September 24,2010, ANJAY PATEL told UC Flagg that he had wired funds to UC
Flagg's bank account for cigarettes received by ANJAY PATEL on September 9, 2010.
ANJAY PATEL said he sent the funds from Falcon Oil. On September 27,2010, a wire
transfer confirmation form was received from BB&T indicating that on September 23,
2010, an account held by The Comer Store at First Piedmont Federal Savings and Loan
wire transferred $190,357 to an undercover bank account held by V.T.
128. On September 27, 2010, ANJAY PATEL and a white male arrived at the Edinburg
warehouse. ANJA Y PATEL and the white male received 3,900 cartons of untaxed
cigarettes. ANJAY PATEL paid UCs Flagg and Baker $80,000 in cash. UC Flagg and
ANJAY PATEL also discussed setting up a meeting with F.G. so that UC Flagg could
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meet the person that was cleaning up all his money. ANJA Y PATEL agreed and said
that F.G. wanted to meet UC Flagg and UC Baker.
129. On September 30, 2010, in Fairfax County, Virginia, ANJAY PATEL,
PURVlNKUMAR PATEL and VlRESH PATEL met with UC Flagg, UC Andrea, and
UC Wright. ANJAY PATEL, PURVlNKUMAR PATEL and VlRESH PATEL received
approximately 353 cases of untaxed cigarettes in two U-Haul trucks from UC Andrea,
and UC Wright. ANJAY PATEL, PURVlNKUMAR PATEL and VlRESH PATEL had
brought two drivers with them, identified as "Chris" (CHRIS MONEYHAN) and
"James." UC Andrea and UC Wright received from ANJA Y PATEL $404,100. ANJA Y
PATEL also gave the UCs four checks (#1722 and #1723, both drawn on First Citizens
bank account number held by Zambezi Holdings, and #1885 and #1886,
both drawn on The Palmetto Bank account number 051142716 held by KKrishna LLC).
a. Later at a local restaurant, ANJAY PATEL told the UCs that from 1999 to 2003
he was in the business of importing fourth tier cigarettes into the United States.
ANJA Y PATEL explained that he and his partner would import cigarettes for
$3.00 a carton. ANJAY PATEL said they had a bonded warehouse and they
would take the cigarettes out of the warehouse without paying the applicable
taxes. ANJAY PATEL said they made a lot of money doing this and had just
gotten back into doing this.
b. ANJAY PATEL and UC Flagg discussed F.G. When UC Flagg said he wanted to
continue doing business with F.G., because it was a great way to launder the
money, ANJAY PATEL agreed. ANJAY PATEL then told UC Flagg that they
were buying Brand P cigarettes from EMMANUEL for $16.50 a carton and
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selling them for $19.50 a carton. When UC Flagg told ANJAY PATEL that the
price to EMMANUEL was low because they were not paying the MSA tax,
ANJAY PATEL indicated he understood.
130. On October 4,2010, MCCURLEY and N.S. arrived at the Edinburg warehouse.
MCCURLEY received 11,100 cartons of untaxed cigarettes. MCCURLEY paid UC
Flagg $448,875 in cash.
131. On October 5, 2010, ANJAY PATEL and a white male arrived at the Edinburg
warehouse. ANJAY PATEL and the white male received 7,860 cartons of untaxed
cigarettes. ANJAY PATEL paid UCs Flagg and Baker $114,080 in cash. During the
transaction, ANJA Y PATEL and UC Flagg discussed investing money in an office
building venture with F.G .. When UC Flagg said he liked the idea of this 2-4 year long
term investment because it gave him and UC Baker a means to clean some of their money
and not have to risk too much, ANJA Y PATEL agreed. ANJA Y PATEL suggested to
UC Flagg that he come to Spartanburg, South Carolina to see the building.
132. On October 13,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
and the white male received 12,600 cartons of untaxed cigarettes. MCCURLEY paid the
UCs $125,000. During the transaction, MCCURLEY told UC Flagg that he had a gift for
UC Flagg and handed UC Flagg a small red velvet bag containing a 10 ounce gold bar.
133. On October 14,2010, ANJAY PATEL and a white male arrived at the Edinburg
warehouse. ANJAY PATEL and the white male received 4,800 cartons of untaxed
cigarettes. ANJAY PATEL paid UCs Flagg and Baker $230,017 ($185,140 in cash and
$44,877 by check). During the transaction, ANJAY PATEL asked UC Flagg to load the
Newport and Parliament cigarettes last because he was making a delivery to a customer
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--------~ ~ - - - - - - ~ -
in Rock Hill, South Carolina. ANJAY PATEL also said that he had sold this customer
the last case of untaxed, export only Kool cigarettes. ANJAY PATEL said this customer
was a lady, who owned four convenience stores in the Rock Hill area and her house was
packed full of cases of cigarettes. ANJA Y PATEL said he thought she was supplying
other convenience stores in the area.
134. On October 19, 2010, ANJA Y PATEL and a white male arrived at the Edinburg
warehouse. ANJAY PATEL and the white male received 7,437 cartons of untaxed
cigarettes. ANJAY PATEL paid UC Baker $200,000 in cash.
135. On October 19,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 16,680 cartons of untaxed cigarettes. MCCURLEY paid the UCs $452,910 in
cash.
136. On October 27,2010, in Fairfax, Virginia, ANJAY PATEL gave UC Andrea $649,300 in
cash for cigarettes to be provided the following day.
137. . On October 28, 2010, in Chantilly, Virginia, ANJAY PATEL received approximately
555 cases of untaxed cigarettes. ANJAY PATEL also gave UC Andrea two checks,
#1739 and #1741, both drawn on an account held by Zambezi Holdings.
138. On November 2,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 17,760 cartons of untaxed cigarettes. MCCURLEY paid the UCs $494,645 in
cash. During the transaction MCCURLEY stated that he introduced EMMANUEL to
ANJAY PATEL. MCCURLEY said that up until recently, EMMANUEL and ANJAY
PATEL had an understanding regarding areas in which each person was going to sell
cigarettes; that EMMANUEL and MCCURLEY kept the Greensville, South Carolina
area because they had over 200 stores in that area; that PURVlN PATEL delivers
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cigarettes to the Florence, South Carolina area; and that ANJAY PATEL is the top guy.
139. On November 2,2010, ANJAY PATEL and a white male arrived at the Edinburg
warehouse. ANJAY PATEL and the white male received 9,420 cartons of untaxed
cigarettes. ANJA Y PATEL paid UC Flagg $170,750 ($95,500 in cash and $75,250 by
check #1745 drawn on First Citizens Bank and Trust account number 754131268701 held
in the name of Zambezi Holdings, LLC). During the transaction, ANJA Y PATEL stated
that whatever UC Flagg did not have, he would obtain from EMMANUEL.
140. On November 5, 2010, MONEYHAN arrived at the Edinburg warehouse and provided
UC Flagg with a written order from ANJAY PATEL. MONEYHAN received 5,400
cartons of untaxed cigarettes. MONEYHAN paid UC Baker $59,340 in cash. This
transaction was arranged with the UC by ANJAY PATEL on November 3.
141. On November 12, 2010, MONEYHAN arrived at the Edinburg warehouse.
MONEYHAN received 4,980 cartons of untaxed cigarettes. MONEYHAN paid UCs
Flagg and Baker $92,500 in cash.
142. On November 15,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 4,260 cartons of untaxed cigarettes. MCCURLEY paid the UCs $160,000 in
cash.
143. On November 17,2010, in Chantilly, Virginia, UC Flagg, UC Andrea and UC Wright
met ANJAY PATEL, VlRESH PATEL and PURVINKUMAR PATEL at a local hotel.
ANJAY PATEL received 400 cases of untaxed cigarettes stored inside two UHaul trucks
provided by UC Andrea. VIRESH PATEL received the keys to the trucks from UC
Andrea. ANJA Y PATEL indicated MONEYHAN was going to drive one truck to South
Carolina, fly back, then drive the second truck to South Carolina. VlRESH PATEL gave
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-------- . - , ~ , , - , - - , - - - - - - - - -
UC Andrea a black trash bag containing $459,000. During a subsequent conversation,
ANJAY PATEL told UC Flagg and UC Andrea that F.G. was still interested in having
ANJAYPATEL, EMMANUEL and the UCs invest inF.G.'s office building in
Spartanburg, South Carolina. UC Flagg stated he wanted to send UC Baker to
Spartanburg to speak with F.G. and deliver the $100,000. When UC Flagg also
commented that this was a great way for UC Flagg and UC Baker to launder their illegal
proceeds, ANJAYPATEL concurred. ANJAY PATEL discussed the laundering of
additional money with UC Flagg. ANJA Y PATEL indicated that it should not be a
problem for F.G. to launder $50,000 with a $5,000 fee, stating that F.G. has recently
laundered $100,000 for ANJAY PATEL. ANJAY PATEL also stated that the UCs,
ANJA Y PATEL, and EMMANUEL would register an LLC in South Carolina and would
use that LLC as their investment entity for the office building with F. G. During the
meeting ANJAY PATEL also received $60,000 in cash from UC Andrea to launder. On
November 29,2010 UC Andrea received four checks (drawn on back accounts held by
KKrishna LLC, The Corner Store DBA Falcon Oil (check #1982 signed by BOSS
RAMSEY), and Marvs LLC DBA Corner Stop 95) as additional payment towards
untaxed cigarettes and two checks (Wachovia Bank cashier's checks listing DHRU
investments as the remitter) as laundered proceeds.
144. On November 19,2010, UC Baker, F.G. and ANJAY PATEL met at the offices ofF.G.
in Spartanburg, South Carolina. F.G. received $150,000 in cash from UC Baker.
a. F.G. agreed that $100,000 was part ofa $300,000 loan to F.G. from V.T., ANJAY
PATEL, and EMMANUEL. F.G. agreed to pay 30% on this loan.
b. F.G. agreed that $50,000 was to be laundered by F.G. and returned to the
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undercover agents. F.G. told UC Baker that he would deposit the $50,000 into a
local bank so that it could be cycled through the teller drawers and eventually
reissued as a cashier's check to be dispersed at a later date and sent to V. T.' s
undercover Post Office Box. F.G. agreed his fee would be $5,000 for laundering
the $50,000. ANJAY PATEL told UC Baker that F.G. had laundered money for
him a few days prior in the same way, returning money to ANJAY PATEL using
a cashier's check. F.G. then stated that he was trying to change things up and
figure out the best way to continue to do this by naming different purchasers and
remitters. F.G. told ANJAY PATEL that he would be receiving the latest check
with the name Low Country Heating and Air. ANJAY PATEL stated that he
currently deposits $50,000-$60,000 in cash through his convenience stores but it
is not problematic because he makes his deposits through twelve different
branches. F.G. then said that growing up in the banking industry has been an
advantage, but that technology has been a huge disadvantage.
145. On November 23,2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 11,760 cartons of untaxed cigarettes. MCCURLEY paid the UCs $342,000 in
cash. During the transaction, MCCURLEY stated that one truck load of the cigarettes
was destined for New Jersey and the second truck was going to South Carolina.
MCCURLEY also said that EMMANUEL was in Key West, Florida purchasing another
condominium. When asked about the paper trail EMMANUEL was leaving, buying up
property, MCCURLEY said that EMMANUEL'S wife owned two internet companies
and it was not uncommon for EMMANUEL to place everything in his wife's companies
name and to sign his wife's name on things.
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146. On November 30, 2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 8,700 cartons of untaxed cigarettes. MCCURLEY paid the UCs $143,000 in
cash.
147. On December 2,2010, in Chantilly, Virginia, MONEYHAN delivered a Cadillac
Escalade to UC Andrea and UC Wright as partial payment towards an untaxed cigarette
deal arranged by ANJAY PATEL. MONEYHAN also received approximately 274 cases
of untaxed cigarettes.
148. On December 4, 2010, in Charlotte, North Carolina, ANJAY PATEL, VlRESH PATEL,
PURVINKUMAR PATEL, BOSS RAMSEY and EMMANUEL, met with UCs Flagg,
Baker and Wright. ANJAY PATEL paid UC Wright $241,380. ANJAY PATEL gave
UC Flagg the keys to a 2011 Dodge Ram 1500 pick-up truck as payment towards 30
cases of untaxed cigarettes previously received on December 2, 1010. ANJAY PATEL
told UC Flagg that he was going to have F.G. mail cashier's checks (obtained by F.G. to
launder money received from UC Flagg) but decided to hand deliver them seeing as they
were meeting this weekend. EMMANUEL told UC Flagg that he and ANJAY PATEL
had decided to go in together. EMMANUEL said that he and ANJAY PATEL were
going to join their cigarette operations and consolidate everything as one operation.
EMMANUEL said that they had recently put one local cigarette wholesaler out of
business and were looking to purchase a wholesale operation in North Carolina,
explaining that he and ANJAY PATEL wanted that business's distribution area as well as
their North Carolina tobacco wholesale license.
149. On December 13,2010, at a warehouse near Buena, New Jersey, ANJAY PATEL, and
F.G. met with UCs Flagg, Baker, White, Andrea and another undercover officer
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(identified herein as UC 3015). ANJAY PATEL and MONEYHAN received 7500
cartons of untaxed cigarettes, which were loaded into a UHaul truck. Once the truck was
loaded, MONEYHAN departed the warehouse operating the truck. ANJA Y PATEL paid
the UCs $162,000 in cash. When UC 3015 told F.G. that he was seeking assistance in
opening a bank account which would not be in his name or associated with him in any
way that he could use to deposit and launder money, F.G. stated he understood and would
like to help him clean his money. F.G. told UC 3015 that ifhe wanted this done in the
Carolinas, F.G. could do it, stating he had a good network of people in Georgia and the
Carolinas that could get him cashier's checks and could also help in moving money
around. F.G. also said that if they could layer the transactions using shell corporations
they could get the money to an offshore account. F.G. reiterated that it would be better to
launder the money in the Carolinas where F.G. knows people he can manage. ANJA Y
PATEL then said that F.G. can clear $100,000 a week, using several banks, explaining
that F.G. just puts a little through each location and gets a cashier's check. F.G. then
discussed setting up a fictitious business account to launder money. F.G. suggested that
they use layers ofLLCs and LPs to hide their identity. F.G. then told UC 3015 that if he
wanted the $200,000 from that day's untaxed cigarette deal cleaned, he could have it
back to the UC in a week.
150. On December 16, 2010, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 22,860 cartons of untaxed cigarettes. MCCURLEY paid the UCs $426,070 in
cash.
151. On December 21,2010, MONEYHAN arrived at the Edinburg warehouse.
MONEYHAN received 16,440 cartons of untaxed cigarettes. MONEYHAN paid a UC
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$100,000 in cash. On the day prior, ANJAY PATEL had arranged this transaction with a
UC.
152. On January 18, 2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 17,160 cartons of untaxed cigarettes. MCCURLEY paid the UCs $320,000 in
cash.
153. On January 21, 2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 15,720 cartons of untaxed cigarettes. MCCURLEY paid UC Flagg $499,175
($149,900 in cash and $349,275 by checks, #1047 and #1050, both drawn on The Peoples
Bank account number held by Tristar Retails Supplies LLC). During the
transaction, MCCURLEY confirmed that ANJAY PATEL had purchased 5 Kangaroo
convenience stores, but had sold one of the stores. MCCURLEY also stated that ANJA Y
PATEL owned several stores near Florence, South Carolina. MCCURLEY told UC
Flagg that he always carries a loaded 9mm pistol when he is making deliveries in South
Carolina.
154. On January 26, 2011, at the offices ofF.G. in Spartanburg, South Carolina,
EMMANUEL, ANJAY PATEL, and F.G. met with UCs Flagg and Baker.
a. When UC Flagg asked F.G. whether he had another "shell company" that F.G.
could use to remit checks to the UCs when laundering money in the future, F.G.
replied that if it was a problem using a particular company, he would just launder
the money through his own company and issue checks to UC Flagg that way.
b. When asked whether casinos could be used to launder money, F .G. explained that
it would be better to take a large sum of cash to the craps table, for example, buy a
large amount of chips, play for a while, and leave the table with the chips. F.G.
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~ ~ ~ ~ ~ ~ ~ ~ ~ . " . - - , ~ - , - - - - - - - - - - - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -
told UC Flagg he should only cash in a portion of the chips each day over several
days.
c. After lunch, EMMANUEL, ANJAY PATEL, the UCs, and F.G. traveled to the
office of an attorney S.Q. (an individual known to the Grand Jury) where the
various individuals executed paperwork documenting a $300,000 loan from
ANJAY PATEL, EMMANUEL and V.T. to F.G. In return for the loan, ANJAY
PATEL, EMMANUEL, and the UCs were to be given a 36% ownership interest
in an LLC (Limited Liability Corporation) that owned F.Go's office building.
d. Later on January 26,2011, EMMANUEL, ANJAY PATEL, and UCs Flagg and
Baker met in Anderson, South Carolina to discuss forming a partnership to
purchase Consolidated Distributers of Clemson (CDC), a wholesale tobacco
distribution business, owned by J.B. (an individual known to the Grand Jury).
ANJA Y PATEL told the UCs that the purchase price was $400,000, which
included a beverage distribution business.
e. ANJA Y PATEL said that PHIL WHITE would be employed to manage CDC.
f. EMMANUEL told the UCs that the sale of untaxed cigarettes between the UCs
and EMMANUEL and ANJA Y PATEL would not change, explaining that Phillip
Morris products would continue to be purchased from the UCs at the current
price, however EMMANUEL asked that all fourth tier cigarettes be sold to
EMMANUEL and ANJA Y PATEL at cost. EMMANUEL explained that the
UCs would receive their profit from their partial ownership of CDC.
EMMANUEL and ANJA Y PATEL stated that the plan was for the UCs to sell the
fourth tier cigarettes to EMMANUEL and ANJAY PATEL and ship these
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cigarettes to EMMANUEL's wholesale business, Tristar Holdings. Tristar
Holdings would then sell these cigarettes to CDC. EMMANUEL stated that these
transactions would be reported in CDC's records, however, all the premium
brands that were sold to Tristar Holdings would be sold out of Tristar Holdings'
warehouse and would not be reported to avoid paying the applicable taxes as it
had been done in the past.
g. When EMMANUEL and ANJAY PATEL were told that the funds used by UC
Flagg to purchase his share of CDSC would come from the sale of untaxed
cigarettes and was a means to launder cash, ANJA Y PATEL agreed and further
suggested that UC Flagg could launder smaller amounts, such as $20,000, through
CDC, which could issue a check to V.T.
h. EMMANUEL and ANJA Y PATEL told the UCs that they intended to place their
share of CDC in the name of their respective wives. ANJAY PATEL stated that
he felt that another Limited Liability Company (LLC) should be formed by the
three partners, EMMANUEL, ANJA Y PATEL, and the UCs. EMMANUEL and
the DCs agreed to this suggestion.
155. Later on January 26,2011, EMMANUEL, ANJAY PATEL, and the UCs then met J.B. to
discuss the details of the sale of CDC. EMMANUEL, ANJAY PATEL, the UC, and J.B.
agreed that J.B. would receive a check from the soon-to-be-formed LLC in the amount of
$150,000. Another check would be drawn up to pay J.B. for the reported inventory. The
remaining unreported inventory would be paid for in cash. Following the meeting with
J.B., EMMANUEL explained that he would begin getting cash to F.G. so that he could
start obtaining checks to provide to ANJAY PATEL's attorney in anticipation of closing
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the deal.
156. On February 1,2011 in Washington, D.C. ANJAY PATEL, VIRESH PATEL,
PURVINKUMAR PATEL, and EMMANUEL met with UC Andrea and UC Wright.
During the meeting, ANJAY PATEL introduced EMMANUEL as his partner.
157. On February 2,2011, at the Edinburg warehouse, ANJAY PATEL, EMMANUEL, and
MCCURLEY met with UC Andrea and UC Wright. MCCURLEY gave UC Andrea a
box of cash, totaling $835,020. ANJA Y PATEL received 650 cases of untaxed cigarettes
packed in two UHaul trucks. MCCURLEY left in one truck. PURVINKUMAR PATEL
and VIRESH PATEL arrived in a20ll Chevrolet Tahoe that was given the UCs as
partial payment towards the untaxed cigarettes.
158. On February 3, 2011, during a telephone conversation, EMMANUEL told a UC that one
of EMMANUEL'S customers, who was headed to North Carolina, had been stopped in
South Carolina with a load of untaxed cigarettes.
159. On February 4,2011, ANJAY PATEL sent a text message to UC Flagg telling him that
when MCCURLEY arrived, UC Flagg should take the money owed by ANJAY PATEL
and EMMANUEL and send MCCURLEY back with an empty truck (even though they
had previously arranged a deal for 220 cases of untaxed cigarettes). EMMANUEL said
he would explain later.
a. In a subsequent telephone call on the same day, ANJAY PATEL told UC Flagg
everything was okay, but that they had to take measures and they would talk in
person on Monday (February 7, 2011). EMMANUEL subsequently sent a text
message to UC Flagg telling UC Flagg to call EMMANUEL using
MCCURLEY's new phone when MCCURLEY arrived at the Edinburg
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----------~ ~ ~ ~ - . ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ - ~ ~ - . ~ - ~ - ~ - - - - - - -
warehouse.
b. When MCCURLEY arrived at the Edinburg warehouse, MCCURLEY told UC
Flagg that a person EMMANUEL deals with was arrested the previous day.
MCCURLEY then stated that he had just come from Wal-Mart, where he had
purchased a pre-paid telephone. MCCURLEY dialed EMMANUEL's number
and handed the phone to UC Flagg. During the call, EMMANUEL told UC Flagg
that one of his customers had been stopped in South Carolina and a previous
customer in Pennsylvania had been arrested. The previous customer had been
buying cigarettes from an undercover federal agent in North Carolina.
EMMANUEL said this person did not know EMMANUEL's real name.
EMMANUEL told UC Flagg he was going to see if he could bail this person out
of jail to find out what he had told the police. EMMANUEL told UC Flagg to
collect $250,000 from MCCURLEY, who had $350,000, and not give him any
cigarettes. When UC Flagg discussed these recent events with MCCURLEY,
MCCURLEY told UC Flagg that he and EMMANUEL deal with a person in New
Jersey, who you "do not want to mess with" and this person would kill "that
person" if he ratted everyone out to the police.
160. On February 7, 2011, in Spartansburg, South Carolina UC Flagg and UC Baker met with
F.G. and explained that they had so much cash available as a result of a deal brokered by
EMMANUEL wherein they had imported a container load of Chinese made counterfeit
Marlboro cigarettes.
a. During a meeting attended by UC Flagg, UC Baker, EMMANUEL, J.B., and
ANJA Y PATEL, the parties discussed the sale of CDC by J.B. to CDSC for
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$842,000. During the meeting, ANJAY PATEL gave lB. two cashier's checks
totaling $320,000. lB. also received $400,000 in cash.
b. A short time later at a different location in Spartanburg the parties completed the
sale of CDC by executing a settlement statement that indicated CDC was being
sold for $320,000, but that additional money was being exchanged outside of
closing. Documentation formally creating CDSC was also completed. The
attorney executing the agreement asked ANJA Y PATEL when SHILPABEN
PATEL might be by to sign the documents. ANJAY PATEL replied that he
would have her stop by soon. The attorney also asked EMMANUEL when
the representative of Tristar Holdings, might be by to
sign the documents. EMMANUEL responded that was
in the car outside. The attorney then said it was his policy to "don't ask, don't
tell."
c. At the same location the parties executed documentation formalizing the transfer
of36% ownership of property owned by a company controlled by F.G. and
located on South Church Street to CDSC.
161. On February 10,2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 18,000 cartons of untaxed cigarettes. MCCURLEY paid the UCs $455,000 in
cash. During the transaction, MCCURLEY said that all the cigarettes were going to
South Carolina.
162. On February 15,2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 9,480 cartons of untaxed cigarettes. MCCURLEY paid the UCs $403,740 in
cash. During the transaction, MCCURLEY said that he was servicing 120 stores with the
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untaxed cigarettes.
163. On February 22, 2011, MCCURLEY and "Jason" arrived at the Edinburg warehouse.
MCCURLEY received 28,680 cartons of untaxed cigarettes. MCCURLEY paid the UCs
$431,435 in cash. During the transaction, MCCURLEY provided UC Baker with a title
to a 2011 Chevrolet Tahoe that ANJAY PATEL had purchased for UC Andrea.
164. On February 28, 2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 15,600 cartons of untaxed cigarettes. MCCURLEY paid the UCs $360,900 in
cash.
165. On March 2, 2011, in Las Vegas, Nevada, ANJAY PATEL, PURVlNKUMARPATEL,
and VlRESH PATEL met with various UCs. During a conversation with UC Andrea,
. ANJA Y PATEL stated that: he does not have anything in his name, his wife could clean
him out because he puts everything in her name, his wife does not work and has never
worked, he trusts his wife and his wife knows all about his illegal activities, he makes
about $100,000 per month from rental properties, and owns a few house in the United
Kingdom. Also while in Las Vegas, ANJAY PATEL stated that he had a network of 103
convenience stores through which he ran unreported cigarettes.
166. On March 9, 2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 6,600 cartons of untaxed cigarettes. MCCURLEY paid the UCs $200,000 in
cash.
167. On March 15,2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
received 17,220 cartons of untaxed cigarettes. MCCURLEY paid the UCs $305,540 in
cash. During the transaction, MCCURLEY told UC Flagg that he made $100,000 in cash
the previous year, and that he only puts enough money in the bank to cover his monthly
USAO#2011 R00382
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expenses and the rest of what he is paid, he keeps in a safe.
168. On March 24,2011, in Spartanburg, South Carolina, ANJAY PATEL, and
EMMANUEL, met with UC Flagg, UC Baker and others. During this meeting, ANJA Y
PATEL and EMMANUEL spoke to CI-l and CI-2 (both individuals known to the Grand
Jury) about maintaining two sets of financial records for CDC, one set would be accurate
and the other set would be used for state tax reporting requirements. Each month
ANJAY PATEL or EMMANUEL will contact CI-2 and tell CI-2 what invoices would be
carried on the reportable set of records.
a. Later in the day, while in Anderson, South Carolina, ANJAY PATEL told UC
Flagg that he uses a Hawala to send money to India. ANJAY PATEL also said he
had a friend in London, England and that he is going to start using as a Hawala
service because he wants to start sending money to London, England like he has
been sending to India. ANJA Y PATEL said his friend recently opened a bank
account in ANJAY PATEL's name and he already has 100,000 in this account.
b. Upon arriving at CDC, located in Anderson, South Carolina, ANJAY PATEL
introduced UC Flagg to PHIL WHITE, who advised UC Flagg that CDC would
gross over $1,000,000 in sales in March, 2011. ANJAY PATEL also advised UC
Flagg that they were in the process of purchasing an adjacent warehouse and
would offer a portion ofthe sales price "off paper."
c. Over dinner that night, ANJAY PATEL indicated that the profits from the
contraband cigarette sales would be split three ways. EMMANUEL indicated that
he is still utilizing Tristar Retail Supplies to make cigarette sales, including to
CDC, therefore, the profit margin from the sales to CDC would also be split three
USAO#2011 R00382
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ways. EMMANUEL advised that Tristar Holdings had a net profit of $57,000 in
March, 2011. EMMANUEL also stated that he only reports approximately 30%
of Tristar Holdings' sales to CDC. EMMANUEL stated that CDC's tax liability
was actually $74,000, but only reported sales that would result in a tax liability of
$37,000.
169. On March 25,2011, in Chantilly, Virginia, MCCURLEY and "Jason" received
approximately 616 cases of untaxed cigarettes. MCCURLEY gave UC Andrea $220,000
in cash and $352,000 in checks for the cigarettes. On March 25, 2011, near Spartanburg,
South Carolina, PURVlNKUMAR PATEL delivered $182,000 to UC Flagg. The
delivery had been previously arranged by ANJAY PATEL.
170. On April 3, 2011, at the Edinburg warehouse, two individuals from a company located in
Salamanco, New York, identified herein as S.W.S. (and known to the Grand Jury) picked
up 14,220 cartons of untaxed cigarettes. This transaction was arranged by ANJAY
PATEL.
171. On April 6, 2011, ANJAY PATEL, EMMANUEL, and UC Flagg met in Spartanburg,
South Carolina. During the meeting ANJA Y PATEL and UC Flagg discussed how
payment would be made for the 14,220 cartons of untaxed cigarettes UC Flagg had
provided S.W.S. on April 3. ANJAY PATEL suggested using his contact in London,
England as an intermediary to receive payment from S.W.S. ANJAY PATEL explained
that S.W.S. could wire the money to his contact in London, who would transfer the
money to the UCs so that there would be no connection between the UCs and S.W.S.
ANJAY PATEL commented that his contact in London, England had a money service
business in New Jersey and Chicago and was looking to open a new location in Atlanta,
USAO#201IR00382
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. - - - - - , - . , - - - . - ~ - - - ~ ~ ~ ~
Georgia. ANJA Y PATEL also stated that his contact in London, England was large
enough to launder money instantly and charged 10% for the service.
172. On April 7, 2011, in Anderson, S.C., ANJAY PATEL told UC Flagg that ANJAY
PATEL had spoken to his contact in London that could help UC Flagg open a bank
account in London. ANJA Y PATEL told UC Flagg that UC Flagg did not want to have
any trail of the existence of this account here in the United States. ANJAY PATEL told
UC Flagg that ANJA Y PATEL does not have any statements or other paperwork related
to his account in London sent to him in the United States.
173. On April 7, 2011, S.W.S. wire transferred $300,000 from its account at First Liberty
Bank to an account held by A.M. (an individual known to the Grand Jury).
174. On April 11, 2011, in New York, UC Flagg received $190,410 from representatives of
S.W.S.
175. On July 11,2011, in South Carolina MCCURLEY received 22,620 cartons of untaxed
cigarettes from UCs that had delivered the cigarettes in a tractor trailer. MCCURLEY
paid the UCs $565,050 in cash.
176. On July 11,2011, in South Carolina, PHIL WHITE paid UC Flagg $150,000 by check
#2094, dated July 11,2011, drawn on Community First Bank account number
held in the name of CDC, for cigarettes previously delivered to CDC. At
that time PHIL WHITE told UC Flagg that in June 2011, CDC did $800,000 and more in
business. PHIL WHITE indicated that he had been told by ANJAY PATEL to not
deposit cash into the bank, but to keep the cash to pay the UCs, ANJA Y PATEL, and
EMMANUEL.
177. On July 18,2011, MCCURLEY arrived at the Edinburg warehouse. MCCURLEY
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received 12,120 cartons of untaxed cigarettes. During the transaction MCCURLEY
stated that the cigarettes were going to be delivered to CDC.
178. All in violation of Title 18, United States Code, Section 371.
COUNT 2
(18 U.S.C. 1956(h))
(Conspiracy to Connnit Money Laundering)
1. The allegations alleged in Counts 1 are hereby incorporated by reference as though set
forth in full.
2. From in or about April 2009, and continuing up to and including the date of this
indictment, in the Western District of Virginia and elsewhere, the defendants, ANJA Y
PATEL, JOSEPH EMMANUEL, PRESTON MCCURLEY, VIRESH PATEL,
PURVINKUMAR PATEL, SHILPABEN PATEL, BOSS
RAMSEY, PHIL WHITE and CHRIS MONEYHAN, knowingly and intentionally
conspired and agreed together with each other, and with other persons known and
unknown to the Grand Jury, to connnit offenses against the United States in violation of
Title 18, United States Code, Section 1956 and Section 1957, to wit:
a. to knowingly conduct a fmancial transaction affecting interstate and foreign
connnerce, which involved the proceeds of specified unlawful activity, that is
trafficking in contraband cigarettes, with the intent to promote the carrying on of
specified unlawful activity, knowing that the transactions were designed in whole
or in part to conceal and disguise the nature, location, source, ownership, and
control of the proceeds of specified unlawful activity, and knowing that the
transaction was designed in whole and in part to avoid a transaction reporting
requirement under Federal law, and that while conducting and attempting to
USAO#2011R00382
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conduct such financial transaction knew that the property involved in the financial
transaction represented the proceeds of some form of unlawful activity, in
violation of Title 18, United States Code, Sections 1956(a)(I)(A)(i),
1956(a)(l)(B)(i), and I 956(a)(l)(B)(ii); and
b. to knowingly conduct financial transactions affecting interstate or foreign
commerce, which transactions involved property represented by a law
enforcement officer to be proceeds of some form of unlawful activity, that is,
trafficking in contraband cigarettes, with the intent to promote the carrying on of
specified unlawful activity, to conceal and disguise the nature, location, source,
ownership and control, of property believed to be the proceeds of specified
unlawful activity, and to avoid a transaction reporting requirement under Federal
law, in violation of Title 18, United States Code, Sections 1956(a)(3)(A),
1956(a)(3)(B) and 1956(a)(3)(C); and
c. to knowingly engage in a monetary transaction by, through or to a financial
institution, affecting interstate and foreign commerce, in criminally derived
property of a value greater than $10,000, such property having been derived from
a specified unlawful activity, in violation of Title 18, United States Code, Section
1957.
MANNER AND MEANS
3. The manner and means used to accomplish the objectives of the conspiracy included,
among others, the following:
a. Members ofthe conspiracy paid undercover law enforcement officers for
contraband cigarettes to promote their criminal conduct;
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b. Members of the conspiracy created fictitious businesses in an effort to conceal
their criminal conduct;
c. Members of the conspiracy listed businesses and other assets in the names of
other individuals to conceal their interest in the businesses and assets;
d. Members ofthe conspiracy used legitimate businesses and business accounts to
conduct financial transaction in an effort to conceal their criminal conduct;
e. Members of the conspiracy leased vehicles to facilitate the transportation of
contraband cigarettes and thereby promote their criminal conduct;
f. Members of the conspiracy received vehicles as payment for contraband to
conceal their criminal conduct;
g. Members of the conspiracy purchased vehicle to be used as payment towards
contraband cigarettes;
h. Members of the conspiracy engaged the assistance of an individual located
overseas to engage in financial transactions with proceeds from specified
unlawful activity in a attempt to conceal their criminal conduct;
1. Members of the conspiracy engaged in fmancial transactions using the names of
other persons to conceal their criminal conduct;
J. Members of the conspiracy engaged in financial transactions as detailed in Counts
83 through 169, which are incorporated by reference as though set forth in full.
4. All in violation of Title 18, United States Code, Section 1956(h).
COUNT 3
(18 U.S.C. 371)
(Conspiracy to Dispose Of Cigarettes Upon Which Federal Tax Has Not Been Paid)
1. From in or about September 2009, and continuing up to and including the date of this
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- - - - - - - - - - - ~ ~ --------------
indictment, in the Western District of Virginia and elsewhere, the defendant, JOSEPH
EMMANUEL, with the intent to defraud the United States, knowingly and intentionally
conspired and agreed with other persons known and unknown to the Grand Jury to
purchase, receive, possess, offer for sale, and sell and otherwise dispose of, after removal,
any tobacco products upon which the tax has not been paid, in violation of 26 U.S.C.
5751(a)(1)(A) and 5762.
2. All in violation of Title 18, United States Code, Sections 371.
COUNT 4
(18 U.S.C. 371)
(Conspiracy to Traffic in Counterfeit State Tax Stamps)
1. From in or about July 2009, and continuing up to and including the date of this
indictment, in the Western District of Virginia and elsewhere, the defendants, JOSEPH
EMMANUEL and PRESTON MCCURLEY, knowingly and intentionally conspired and
agreed together with each other, and with other persons known and unknown to the
Grand Jury to possess, store, barter, sell and dispose of falsely made and counterfeit tax
stamps which were moving as, were part of, and constituted interstate commerce from the
State of New York to the State of Virginia, knowing the same to have been falsely made
and counterfeited in violation of Title 18, United States Code, Section 2315.
2. All in violation of Title 18, United States Code, Section 371.
COUNTS 5 THROUGH 82
(18 U.S.C. 2342(a))
(Trafficking in Contraband Cigarettes)
1. The allegations alleged in Count 1 are hereby realleged and incorporated by reference as
though set forth in full.
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2. On or about the dates set forth below, in the Western District of Virginia, the
defendant(s) listed below, as principles and as aiders and abettors, did knowingly and
unlawfully ship, transport, receive, possess, sell, distribute and purchase contraband
cigarettes, as that term is defined in Title 18, United States Code, Section 2341, to wit: a
quantity of more than 10,000 cigarettes which bore no evidence of the payment of
applicable State cigarette taxes, in the amount set forth below.
Count Date DefendantC s) Number of Cartons of
Contraband Cigarettes
5. August 6, 2009 JOSEPH EMMANUEL 540
6. August 18, 2009 JOSEPH EMMANUEL 600
7. August 23,2009 JOSEPH EMMANUEL 480
8. August 28, 2009 JOSEPH EMMANUEL 120
9. September 4, 2009 JOSEPH EMMANUEL 360
10. September 16, 2009 JOSEPH EMMANUEL 360
11. September 22, 2009 JOSEPH EMMANUEL 660
12. September 29,2009 JOSEPH EMMANUEL 900
13. October 1,2009 JOSEPH EMMANUEL 1,920
14. October 6, 2009 JOSEPH EMMANUEL 1,570
15. October 8, 2009 JOSEPH EMMANUEL 780
16. October 13, 2009 JOSEPH EMMANUEL 1,680
17. October 15, 2009 JOSEPH EMMANUEL 1,140
18. October 20, 2009 JOSEPH EMMANUEL 570
19. October 22, 2009 JOSEPH EMMANUEL 2,130
20. October 27, 2009 JOSEPH EMMANUEL 1,200
21. October 29, 2009 JOSEPH EMMANUEL 1,440
22. November 3, 2009 JOSEPH EMMANUEL 1,230
23. November 5, 2009 JOSEPH EMMANUEL 1,170
24. November 10, 2009 JOSEPH EMMANUEL 1,175
25. November 18, 2009 JOSEPH EMMANUEL 3,090
26. November 24, 2009 JOSEPH EMMANUEL 2,910
27. December 1, 2009 JOSEPH EMMANUEL 1,560
28. December 3, 2009 JOSEPH EMMANUEL 3,180
29. December 8, 2009 JOSEPH EMMANUEL 2,220
30. January 5, 2010 JOSEPH EMMANUEL 2,310
31. January 14,2010 JOSEPH EMMANUEL 2,940
32. January 22,2010 JOSEPH EMMANUEL 3,838
33. January 28,2010 JOSEPH EMMANUEL 3,030
34. February 17,2010 JOSEPH EMMANUEL 5,820
35. February 23, 2010 JOSEPH EMMANUEL 4,230
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36. March 2,2010 JOSEPH EMMANUEL 2,460
37. March 17,2010 JOSEPH EMMANUEL 3,330
38. March 23, 2010 JOSEPH EMMANUEL 9,060
39. March 24, 20lO JOSEPH EMMANUEL 3,060
40. March 30, 20lO JOSEPH EMMANUEL 3,5lO
41. April 4, 20 lO JOSEPH EMMANUEL 3,840
42. April13,20lO JOSEPH EMMANUEL 6,180
43. Apri121,20lO JOSEPH EMMANUEL 5,700
44. April 27, 20 lO JOSEPH EMMANUEL 8,700
45. May 11, 20lO JOSEPH EMMANUEL 8,700
46. May 18, 2010 JOSEPH EMMANUEL 9,060
47. May 25, 2010 JOSEPH EMMANUEL 5,130
48. June 2, 20lO JOSEPH EMMANUEL 7,500
49. June 16, 20 lO JOSEPH EMMANUEL, 15,300
PRESTON MCCURLEY
50. June 16, 20 lO ANJAY PATEL, 12,000
VlRESH PATEL,
CHRlS MONEYHAN
51. June 22, 2010 JOSEPH EMMANUEL, 14,460
PRESTON MCCURLEY
52. July 9, 20lO ANJAYPATEL, 18,000
PURVINKUMAR PATEL,
CHRIS MONEYHAN
53. July 15, 20lO JOSEPH EMMANUEL, lO,740
PRESTON MCCURLEY
54. July 16, 20 lO ANJAYPATEL, 8,789
PURVINKUMAR PATEL,
CHRlS MONEYHAN
55. July 21, 20lO JOSEPH EMMANUEL, 4,140
PRESTON MCCURLEY
56. July 27, 20lO ANJAYPATEL, 30,000
VlRESH PATEL,
PURVINKUMAR PATEL,
CHRlS MONEYHAN
57. July 27, 20lO PRESTON MCCURLEY 10,800
58. August 3, 20lO JOSEPH EMMANUEL, 12,660
PRESTON MCCURLEY
59. August 4,2010 ANJAYPATEL, lO,740
PURVINKUMAR PATEL,
CHRlS MONEYHAN
60. August lO, 20lO JOSEPH EMMANUEL, 15,720
PRESTON MCCURLEY
61. August 17,2010 ANJAYPATEL, 8,lOO
VlRESH PATEL,
CHRlS MONEYHAN
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62. August 17, 2010 JOSEPH EMMANUEL, 8,940
PRESTON MCCURLEY
63. August 26,2010 PRESTON MCCURLEY 13,440
64. August 31, 2010 JOSEPH EMMANUEL, 8,220
PRESTON MCCURLEY
65. September 14,2010 JOSEPH EMMANUEL, 6,000
PRESTON MCCURLEY
66. September 20,2010 JOSEPH EMMANUEL, 16,860
PRESTON MCCURLEY
67. September 27, 2010 ANJAYPATEL 3,900
68. October 4,2010 PRESTON MCCURLEY 11,100
69. October 5, 2010 ANJAYPATEL 7,860
70. October 13,2010 PRESTON MCCURLEY 12,600
71. October 14,2010 ANJAYPATEL 4,800
72. October 19, 2010 ANJAYPATEL 7,437
73. October 19,2010 PRESTON MCCURLEY 16,680
74. November 2, 2010 PRESTON MCCURLEY 17,760
75. November 2,2010 ANJAYPATEL 9,420
76. November 5, 2010 ANJAYPATEL, 5,400
CHRIS MONEYHAN
77. November 12,2010 CHRIS MONEYHAN 4,980
78. November 15,2010 PRESTON MCCURLEY 4,260
79. November 23,2010 PRESTON MCCURLEY 11,760
80. November 30, 2010 PRESTON MCCURLEY 8,700
81. December 16, 2010 PRESTON MCCURLEY 22,860
82. December 21, 2010 ANJAYPATEL, 16,440
CHRIS MONEYHAN
3. All in violation of Title 18, United States Code, Sections 2342(a) and 2.
COUNTS 83 THROUGH 155
(18 U.S.C. 1956(a)(1)(A)(i))
(Money Laundering - Promotion)
1. The allegations alleged in Count 1 are hereby realleged and incorporated by reference as
though set forth in full.
2. On or about the dates listed below, in the Western District of Virginia, the defendant( s)
listed below, as principals and as aider and abettors, did knowingly conduct and attempt
to conduct the following financial transactions affecting interstate and foreign commerce,
which involved the proceeds of a specified unlawful activity, that is trafficking in
USAO#20IJR00382
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contraband cigarettes, with the intent to promote the carrying on of said specified
unlawful activity, and that while conducting and attempting to conduct such fmancial
transactions knew that the property involved in the financial transaction represented the
proceeds of some form of unlawful activity.
Count Date Defendant( s 1 Transaction
83. August 28, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $5,920 for
untaxed cigarettes.
84. September 4, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $11,280 for
untaxed cigarettes.
85. September 16, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $9,000 for
untaxed cigarettes.
86. September 22, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $16,500 for
untaxed cigarettes.
87. September 29, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $22,000 for
untaxed cigarettes.
88. October I, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $45,000 for
untaxed cigarettes.
89. October 6, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $54,000 for
untaxed cigarettes.
90. October 8, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $37,500 for
untaxed cigarettes.
91. October 13, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $13,870 for
untaxed cigarettes.
92. October 15, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $49,000 for
untaxed cigarettes.
93. October 20, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $28,500 for
untaxed cigarettes.
94. October 22, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $20,240 for
untaxed cigarettes.
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64
95. October 27,2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $59,970 for
untaxed cigarettes.
96. October 29, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $38,000 for
untaxed cigarettes.
97. November 3, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $49,000 for
untaxed cigarettes.
98. November 5, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $34,460 for
untaxed cigarettes.
99. November 10, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $40,000 for
untaxed cigarettes.
100. November 18, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $34,300 for
untaxed cigarettes.
101. November 24, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $85,100 for
untaxed cigarettes.
102. December 1, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $110,120 for
untaxed cigarettes.
103. December 3, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $49,510 for
untaxed cigarettes.
104. December 8, 2009 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $93,610 for
untaxed cigarettes.
105. January 5, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $42,250 for
untaxed cigarettes.
106. January 14,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $86,000 for
untaxed cigarettes.
107. January 22, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $97,050 for
untaxed cigarettes.
108. January 28, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $95,000 for
untaxed cigarettes.
109. February 17,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $144,780 for
untaxed cigarettes.
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110. February 23,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $190,980 for
untaxed cigarettes.
111. March 2, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $109,300 for
untaxed cigarettes.
112. March 17, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $140,300 for
untaxed cigarettes.
113. March 23,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $243,700 for
untaxed cigarettes.
114. March 24,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $96,972 for
untaxed cigarettes.
115. March 30, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $113,040 for
untaxed cigarettes.
116. Apri14,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $100,650 for
untaxed cigarettes.
117. April13,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $219,150 for
untaxed cigarettes.
118. Apri121,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $193,900 for
untaxed cigarettes.
119. Apri127,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $374,910 for
untaxed cigarettes.
120. May 11, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $234,840 for
untaxed cigarettes.
121. May 18, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $237,000 for
untaxed cigarettes.
122. May 25, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $165,570 for
untaxed cigarettes.
123. June 2, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $242,850 for
untaxed cigarettes.
124. June 16,2010 JOSEPH EMMANUEL, JOSEPH EMMANUEL
PRESTON MCCURLEY paid UC $467,280 for
untaxed cigarettes.
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125. June 22, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC $390,030 for
untaxed cigarettes.
126. July 9,2010 ANJAYPATEL, ANJAYPATELpaid UC
PURVINKUMAR PATEL, Flagg $386,950 for untaxed
CHRIS MONEYHAN cigarettes.
127. July 15,2010 JOSEPH EMMANUE, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $322,740 for
untaxed cigarettes.
128. July 16, 2010 ANJAYPATEL, ANJAY PATEL paid UC
PURVINKUMAR PATEL, $169,870 for untaxed
CHRIS MONEYHAN cigarettes.
129. July 21,2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $162,690 for
untaxed cigarettes.
130. July 27,2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $300,200 for
untaxed cigarettes.
131. July 27,2010 ANJAYPATEL, VIRESH PATEL paid UC
VIRESH PATEL, $645,000 for untaxed
PURVINKUMARPATEL, cigarettes.
CHRIS MONEYHAN
132. August 3, 2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $449,595 for
untaxed cigarettes.
133. August 4, 2010 ANJAYPATEL, ANJAY PATEL paid UC
PURVINKUMARPATEL, Flagg $265,950 for untaxed
CHRIS MONEYHAN cigarettes.
134. August 10,2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $449,390 for
untaxed cigarettes.
135. August 17,2010 ANJAYPATEL, ANJA Y PATEL paid UC
VIRESH PATEL, $198,400.56 for untaxed
CHRIS MONEYHAN cigarettes.
136. August 17, 2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $200,000 for
untaxed cigarettes.
137. August 26,2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $407,095 for
untaxed cigarettes.
138. September 14,2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $75,805 for
untaxed cigarettes.
139. September 20,2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC $452,030 for
untaxed cigarettes.
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140. September 27,2010 ANJAYPATEL ANJAYPATELpaid UC
$80,000 for untaxed
cigarettes.
141. October 4, 2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $448,875 for
untaxed cigarettes.
142. October 5, 2010 ANJAYPATEL ANJAYPATELpaid UC
$114,080 for untaxed
cigarettes.
143. October 13, 2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $125,000 for
untaxed cigarettes.
144. October 14, 2010 ANJAYPATEL ANJAY PATEL paid UC
$230,017 for untaxed
cigarettes.
145. October 19,2010 ANJAYPATEL ANJAY PATEL paid UC
$200,000 for untaxed
cigarettes.
146. October 19 , 2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $452,910 for
untaxed cigarettes.
147. November 2, 2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $494,645 for
untaxed cigarettes.
148. November 2, 2010 ANJAYPATEL, ANJAYPATELpaid UC
$170,750 for untaxed
cigarettes.
149. November 5, 2010 ANJAYPATEL, CHRIS MONEYHAN paid
CHRIS MONEYHAN UC $59,340 for untaxed
cigarettes.
150. November 12,2010 CHRIS MONEYHAN CHRIS MONEYHAN paid
UC $92,500 for untaxed
cigarettes.
151. November 15,2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $160,000 for
untaxed cigarettes.
152. November 23,2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $342,000 for
untaxed cigarettes.
153. November 30, 2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $143,000 for
untaxed cigarettes.
154. December 16,2010 PRESTON MCCURLEY PRESTON MCCURLEY
paid UC $426,070 for
untaxed cigarettes.
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155. December 21,2010 ANJAYPATEL, ANJA Y PATEL paid UC
CHRIS MONEYHAN $100,000 for untaxed
cigarettes.
3. All in violation ofTitle 18, United States Code, Sections 1956(a)(1)(A)(i) and 2.
COUNT 156
(18 U.S.C. 1956(a)(3)(A), 1956(a)(3)(B) and 1956(a)(3)(C)
(Money Laundering - Sting Provision)
1. The allegations alleged in Count 1 are hereby realleged and incorporated by reference as
though set forth in full.
2. On or about the dates set forth below, in the Western District of Virginia and elsewhere,
the defendant( s) listed below, with the intent to promote the carrying on of specified
unlawful activity, and to conceal and disguise the nature, location, source, ownership and
control, of property believed to be the proceeds of specified unlawful activity, did
knowingly conduct and attempt to conduct the following financial transactions affecting
interstate or foreign commerce involving property represented by a law enforcement
officer, to be proceeds of specified unlawful activity, to wit: proceeds from the sale of
contraband cigarettes and controlled substances.
I Count I Date I Defendant(s) I Financial Transaction
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............ ~ - - - .. _. - ---------.------.. ~ ... --- ~ ~ ~ ~ ~ ~ ~ ~ - - - - ~ - - - - ~ ~ -
156. July 27, 2010 ANJAYPATEL, VIRESH PATEL received from UC
VIRESH PATEL Andrea $75,600 in cash (an amount that
ANJAY PATEL and VIRESH PATEL
had previ?usly agreed to launder) and
VIRESH PATEL gave UC Andrea three
checks (#1707 for $36,850 drawn on
First Citizens Bank and Trust Company
account number 754131268701 held by
Zambezi Holdings LLC; #1095 for
$14,820 drawn on First South Bank
account number 0001007806 held by
Mani Investments LLC; and #1123 for
$20,150 drawn on Carolina First account
number 7102233655 held by Mani One
Inc) totaling $71,820 in laundered funds.
3. All in violation ofTitle 18, United States Code, Sections 1956(a)(3)(A), 1956(a)(3)(B),
and 2.
COUNTS 157 THROUGH 169
(18 U.S.C. 1957)
(Money Laundering - Transaction Greater Than $10,000)
1. The allegations alleged in Count 1 are hereby realleged and incorporated by reference as
though set forth in full.
2. On or about the dates set forth below, in the Western District of Virginia and elsewhere,
the defendant(s) listed below, as principals and as aider and abettors, did knowingly
engage and attempt to engage in the following monetary transactions by through or to a
financial institution, affecting interstate or foreign commerce, in criminally derived
property of a value greater than $10,000, that is the, deposit, withdrawal, transfer, and
exchange of U.S. currency, funds, and monetary instruments, such property having been
derived from a specified unlawful activity, that is, trafficking in contraband cigarettes.
I Count I Date Defendant(s) Transaction
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157. February 23, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC Flagg $190,980,
including $25,230 by
check (#1012, dated
February 23, 2010, drawn
on Bank of America
account number
223004464911 held in the
name of Tristar Retail
Supplies LLC).
158. March 23,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UC Flagg $243,700,
including $56,918.00 by
check (#1016, dated
March 23, 2010, drawn on
Bank of America account
number 223004464911
held in the name of Tristar
Retail Supplies LLC).
159. April 13, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid paid UCs Flagg and
Baker $219,150, including
$27,390 by check (#1018,
dated April 12, 2010,
drawn on Bank of
America account number
223004464911 held in the
name of Tristar Retail
Supplies LLC).
160. April 27, 2010 JOSEPH EMMANUEL JOSEPH UCs Flagg and
Baker $374,910, including
$97,955 by check (#1001,
dated April 30, 2010,
drawn on The Peoples
Bank account number
720075670 held in the
name of Tristar Retail
Supplies LLC).
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16l. May 11, 2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UCs Flagg and Baker
$234,840, including
$27,720 by check (#1024,
dated May 11,2010,
drawn on Bank of
America account number
223004464911 held in the
name of Tristar Retail
Supplies LLC).
162. May 18,2010 JOSEPH EMMANUEL JOSEPH EMMANUEL
paid UCs Flagg and Baker
$237,000, including
$28,000 by check (#1005,
dated May 18,2010,
drawn on The Peoples
Bank account number
720075670 held in the
name of Tristar Retail
Supplies LLC).
163. July 9, 2010 ANJAYPATEL, ANJAYPATELpaid UC
PURVINKUMARPATEL, Flagg $386,950, including
CHRlS MONEYHAN $87,000 by two checks
(#1015 for $45,000 dated
July 12,2010, drawn on
The Peoples Bank account
number 720075670 held
in the name of Tristar
Retail Sup lies and # 1 025
for $42,000 dated July 13,
2010, drawn on Bank of
America account number
223004464911 held in the
name of Tristar Retail
Supplies LLC).
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164. July 15, 2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UC Flagg $322,740,
including $123,250 by two
checks (#1016 for
$70,000, dated July 14,
2010, and check # 1 0 17 for
$53,250, dated July 14,
2010, both drawn on The
Peoples Bank account
number 720075670 held
in the name ofTristar
Retail Supplies LLC).
165. July 21,2010 JOSEPH EMMANUEL, PRESTON MCCURLEY
PRESTON MCCURLEY paid UCs Flagg and Baker
$162,690, including
$63,480 by check (#1019,
dated July 21,2010,
drawn on The Peoples
Bank account number
720075670 held in the
name of Tristar Retail
Supplies LLC).
166. July 27,2010 ANJAYPATEL, VlRESH PATEL paid UC
VIRESH PATEL, $645,000, including
PURVINKUMARPATEL, $221,000 by four checks
CHRIS MONEYHAN (#1021 for $70,840, #1022
for $68,210, and #1023 for
$60,950 drawn on The
Peoples Bank account
number 720075670 held
in the name of Tristar
Retail Supplies LLC, and
#1705 for $21,000, drawn
on First Citizens Bank and
Trust account number
754131268701 held in the
name of Zambezi
Holdings.
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167. August 17,2010 ANJA Y PATEL, ANJA Y PATEL paid UC
VIRESH PATEL $198,400.56, including
CHRIS MONEYHAN $38,000.56 via two
cashier's checks sent from
Zambezi Holdings to V.T.,
(#140095 for $22,000
dated August 17, 2010,
issued by Yadkin Valley
Bank and #451869 for
$16,000.56 dated August
17, 2010, issued by First
Citizens Bank and Trust).
168. October 14,2010 ANJAYPATEL ANJAY PATEL paid UCs
Flagg and Baker
$230,017, including
$44,877 by check (#1733,
dated October 18,2010,
drawn on First Citizens
Bank and Trust account
number 754131268701
held in the name of
Zambezi Holdings, LLC).
169. November 2,2010 ANJAYPATEL ANJAY PATEL paid UC
Flagg $170,750, including
$75,250 by check (#1745,
dated November 2, 20 I 0,
drawn on First Citizens
Bank and Trust account
number 754131268701
held in the. name of
Zambezi Holdings, LLC).
3. All in violation of Title 18, United States Codes, Sections 1957 and 2.
COUNTS 170 THROUGH 180
(18 U.S.C. 2315)
(Counterfeit State Tax Stamps)
1. The allegations alleged in Count 1 are hereby realleged and incorporated by reference as
though set forth in full.
2. On or about the dates set forth below in the Western District of Virginia, the defendant(s)
listed below, did possess, store, barter, sell and dispose offalsely made and counterfeit
USAO#2011R00382
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tax stamps as set forth below, which were moving as, were part of, and constituted
interstate commerce from the State of New York to the State of Virginia, knowing the
same to have been falsely made and counterfeited.
Count Date Defendant( s} No. and State of Stamns
170. September 29,2009 JOSEPH EMMANUEL Approximately 200
counterfeit New Jersey
cigarette tax stamps and
approximately 240
counterfeit New York and
New York City combined
cigarette tax stamps
171. October 8, 2009 JOSEPH EMMANUEL Approximately 1,200
counterfeit New Jersey
cigarette tax stamps and
approximately 10,080
counterfeit New York
cigarette tax stamps
172. October 22, 2009 JOSEPH EMMANUEL Approximately 5,520
counterfeit New Jersey
cigarette tax stamps
173. October 27,2009 JOSEPH EMMANUEL Approximately 40,000
counterfeit cigarette tax
stamps for the states of New
Jersey and New York.
174. November 18,2009 JOSEPH EMMANUEL Approximately 60,000
counterfeit Virginia cigarette
tax stamps
175. February 17,2010 JOSEPH EMMANUEL Approximately 21,840
counterfeit New York
cigarette tax stamps and
approximately 30,030
counterfeit Virginia cigarette
tax stamps
176. April 21, 2010 JOSEPH EMMANUEL Approximately 19,292
counterfeit Virginia cigarette
tax stamps
177. April 27, 2010 JOSEPH EMMANUEL Approximately 20,160
counterfeit New York and
New York City combined
cigarette tax stamps
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178. June 22, 2010 JOSEPH EMMANUEL, Approximately 40,000
PRESTON MCCURLEY counterfeit New York and
New York City combined
cigarette tax stamps
179. August 3, 2010 JOSEPH EMMANUEL, Approximately 19,565
PRESTON MCCURLEY counterfeit Virginia cigarette
tax stamps
180. August 10, 2010 JOSEPH EMMANUEL, Approximately 20,304
PRESTON MCCURLEY counterfeit New Jersey
cigarette tax stamps,
approximately 20,160
counterfeit New York
cigarette tax stamps, and
approximately 20,160
counterfeit New York and
New York City combined
cigarette tax stamps
3. All III VIOlatIOn of TItle 18, Umted States Code, SectIOn 2315.
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NOTICE OF FORFEITURE
1. Upon conviction of one or more of the felony offenses alleged in this Indictment, the
defendants shall forfeit to the United States:
A. any property constituting, or derived from, proceeds obtained directly or
indirectly from the commission of the scheme to defraud for which the defendant
is convicted, pursuant to 18 U.S.C. 981 (a)(I)(C) and 28 U.S.C. 2461.
B. any conveyances involved in a violation of 18 U.S.C. 2342, pursuant to 49
U.S.C. 80303 and 28 U.S.C. 2461.
C. any property, real or personal, involved in a violation of 18 U.S.C. 1956
andlor 1957, or any property traceable to such property, pursuant to 18 U.S.C.
982(a)(1).
2. The property to be forfeited to the United States includes but is not limited to the
following property:
A. Monetary Judgment: Not less than $20,924,498.56 in United States currency
and all interest and proceeds traceable thereto, in that such sum in aggregate was
obtained directly or indirectly as a result of said offenses or is traceable to such
property.
B. Business Entities - All assets, inventory and property related thereto:
1. Consolidated Distributors of Clemson

1116 Cherokee Ave.
Gaffney, SC 29340
2. Consolidated Distributors of South Carolina LLC

1116 Cherokee Ave.
Gaffney, SC 29340
3. DHRU Investments
Spartanburg, SC 29306
4. Jambo Investments LLC; DBA Comer Stop #111

13780 East Wade Hampton Blvd.
Greer, SC 29651
5. Mani Investment, LLC

208 S CARLEILA LAKE WAY
Spartanburg, SC
6. Mani One Inc. (convenience stores) DBA Comerstop 113

1116 Cherokee Ave
Gaffney, SC 29340
7. RPR Enterprises Inc.
1252 Overbrook Dr.
Gaffney, SC
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8. Shian Enterprises
9. SIA Partnership LLC
10. Tristar Holdings LLC

339 Bypass 123
Seneca, SC
11. Tristar Retail Supplies LLC
8 Groveview Trail
Mauldin, SC 29662
12. Zambezi Holdings LLC

1116 Cherokee Ave.
Gaffuey, SC 29341
C. Proceeds of One $400,000 Promissory Note: dated September 9, 2010, from S.
L. Davis Properties, LLC, a South Carolina limited liability company
("Borrower"), and_Zambezi Holdings, LLC, a South Carolina limited liability
company, Tristar Holdings, LLC, a South Carolina limited liability company, and
Valley Tobacco Company, (collectively "Lender"). Said Note is secured by
property described as:
Being the same property conveyed from R. A. Properties of Cola, LLC to
S. L. Davis Properties by Deed dated May 1, 2006, and recorded May 6,
2008, in Book 12883 at Page 146, in the Lexington County Register of
Deeds Office.
TMS No. 00-3697-02-048.
D. Bank Accounts, all funds received and on deposit as set forth below:
Bank Account Number Account Name
1. American Community Bank Lucky Strike Amusements
2. Bank of America Tristar Retail Supplies
LLC
3. Carolina First Bank Mani One Inc.
4. First Citizens Bank & Trust Zambezi Holdings LLC -
Operating Account
5. First Piedmont Federal Savings The Comer Store DBA
& Loan Association Falcon Oil
6. First South Bank Mani Investments LLC
7. First South Bank MarvsLLC
8. Provident Community Bank Jambo Investments, LLC
9. Provident Community Bank Zambezi Holdings LLC
10. The Palmetto Bank KKRlSHNA LLC
11. The People's Bank ofIva Tristar Retail Supplies
LLC
E. Vehicles IConveyances:
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Make Model Year VIN Owner
l. Ford Econoline 1999 1FBSS3lLO)OHB05098 CD of Clemson
E350
2. Dodge Caravan 2000 2B4GP2537YR856029 CD of Clemson
3. Chevrolet Express 2006 1GCFG15XX612l3770 CD of Clemson
4. MICK 14AT 2005 5CWRA33116H058235 CD of Clemson
5. INTL 4000 2002 lHSMMAAN92H412242 CD of Clemson
Series
4300
6. FRHT MedConv 2004 1 FVABTAK14HM4l339 CD of Clemson
FL70
7. GMC Savana 2004 1GDJG3lU941912544 CD of Clemson
Cutaway
8. Chevrolet CG335031 2004 1GBHG3lU941110261 Consolidated
Express Distributors LLC
9. Aum R8 WUAAU34268N006098 Anjay R. Patel
10. BMW M3 WBSKG9C57BE796924 Joe Emmanuel
F. Real Property:
Location I Address Titled Owner Description
l. 111 Metro Dr. Consolidated BEING the same property conveyed from
Anderson, SC Distributors of James L. Bowers to Consolidated
29625 South Carolina Distributors of South Carolina, LLC on
February 8, 2011, recorded in the Office of
the Register of Deeds for Anderson
County, South Carolina, in Book 9920, at
page 169.
3. If any of the above described forfeitable property, as a result of any act or omission of the
defendant carmot be located upon the. exercise of due diligence; has been transferred or
sold to or deposited with a third person; has been placed beyond the jurisdiction of the
Court; has been substantially diminished in value; or has been commingled with other
property which carmot be subdivided without difficulty; it is the intent of the United
States to seek forfeiture of any other property of the defendant up to the value of the
above described forfeitable property pursuant to 21 U.S.C. 853(P), including the assets
described above, and including but not limited to the following assets:
A. Bank Accounts, all funds received and on deposit as set forth below:
Bank Account Number Account Name
1. American Community Bank Anjay Patel
2. American Community Bank Dass Inc.
3. American Community Bank Dass Inc.
4. Bank of America Jambo Investments LLC
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5. Arthur State Bank J odrell Partners Inc.
6. Bank of America Jambo Investments LLC
7. Bank of America Jambo Investments LLC
8. Bank of America Jambo Investments
9. Bank of America Jambo Investments LLC
10. Bank of America Comer Store DBA Falcon Oil
11. Bank of America Shilpaben Patel & Nilesh D.
Patel
12. Bank of America Shilpaben Patel & Dhrupesh A.
Patel
13. Bank of America Shilpaben Patel
14. Bank of America Shilpaben Patel
15. Bank of America Shilpaben Patel & Anjay Patel
16. Bank of America Shilpaben Patel
17. Bank of America
18. BB&T Dass Inc.
19. BB&T Jambo Investments
20. BB&T Sumter One Investments
21. BB&T Sumter One Investments In
Trust for the NC Education
Lottery
22. BB&T Sumter One Investments
23. BB&T UKCREWLLC
24. BB&T UKCREWLLC
25. BB&T UKCREWLLC
26. BB&T UKCREW LLC (SC Education
Lottery Account)
27. Carolina First Bank MAIl Inc.
28. Carolina First Bank MAIl Inc.
29. Carolina First Bank Mani One Inc.
30. Carolina First Bank Mani One Inc.
31. Carolina First Bank Mani One Inc.
32. Community First Bank CD of Clemson
33. Fidelity Bank MAIl Inc.
34. First Citizens Bank & Trust Cash Out LLC
35. First Citizens Bank & Trust KKRISHNA LLC
36. First Citizens Bank & Trust KKRISHNA LLC
37. First Citizens Bank & Trust KKRISHNA LLC
38. First Citizens Bank & Trust KKRISHNA LLC
39. First Citizens Bank & Trust KKRISHNA LLC (DBA Jays
Exxon)
40. First Citizens Bank & Trust KKRISHNA LLC
41. First Citizens Bank & Trust KKRISHNA LLC
42. First Citizens Bank & Trust KKRISHNA LLC
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43. First Citizens Bank & Trust 1 KKRISHNA LLC (DBA
V illeage Store)
44. First Citizens Bank & Trust KKRISHNA LLC
45. First Citizens Bank & Trust Jodrell Partners Inc.
46. First Citizens Bank & Trust MAIl Inc.
47. First Citizens Bank & Trust MAIl Inc.
48. First Citizens Bank & Trust MAIl Inc.
49. First Citizens Bank & Trust MAIl Inc.
50. First Citizens Bank & Trust MAIl Inc.
5l. First Citizens Bank & Trust MAIl Inc.
52. First Citizens Bank & Trust Mani One Inc.
53. First Citizens Bank & Trust Mani One Inc.
54. First Citizens Bank & Trust Purvinkumar Patel
55. First Citizens Bank & Trust SIA Invests LLC (SIA
Investments LLC)
56. First Citizens Bank & Trust Zambezi Holdings LLC -
Comer Stop Hartsville
57. First Citizens Bank & Trust Zambezi Holdings LLC -
Comerstop Hartsville Lottery
58. First Citizens Bank & Trust Zambezi Holdings LLC -
Hartsville
59. First Citizens Bank & Trust Zambezi Holdings LLC -
Lottery
60. First Citizens Bank & Trust Zambezi Holdings LLC - Motor
Lodge
6l. First Citizens Bank & Trust Zambezi Holdings LLC -
Saveway#2
62. First Citizens Bank & Trust Zambezi Holdings LLC -
Saveway #2 Lottery Acct
63. First Citizens Bank & Trust Zambezi Holdings LLC -
Saveway #21 Lottery Account
64. First Citizens Bank & Trust Zambezi Holdings LLC -
Saveway #21 Lottery Account
65. First Piedmont Federal Papa Oil, LLC
Savings & Loan Association
66. First Piedmont Federal Anjay Patel
Savings & Loan Association
67. First South Bank Anjay Patel
68. First South Bank Dass Inc.
69. First South Bank Dass Inc.
70. First South Bank Jodrell Partners Inc.
7l. First South Bank Jodrell Partners Inc.
72. First South Bank Jodrell Partners Inc.
73. First South Bank Jodrell Partners Inc.
74. First South Bank Jodrell Partners Inc.
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75. First South Bank Jodrell Partners Inc.
76. First South Bank Jodrell Partners Inc.
77. First South Bank Jodrell Partners Inc.
78. First South Bank Jodrell Partners Inc.
79. First South Bank Jodrell Partners Inc.
80. First South Bank Jodrell Partners Inc.
8l. First South Bank Jodrell Partners Inc.
82. First South Bank Jodrell Partners Inc.
83. First South Bank Jodrell Partners Inc.
84. First South Bank Lucky Strike Investments
85. First South Bank Mani One Inc.
86. First South Bank Mani One Inc.
87. First South Bank MarvsLLC
88. First South Bank MarvsLLC
89. Provident Community Bank Jambo Investments, LLC
90. Provident Community Bank Zambezi Holdings LLC
9l. Provident Community Bank Zambezi Holdings LLC
92. Provident Community Bank Zambezi Holdings LLC
93. Southeastern Bank Patco Energy Express
94. Southeastern Bank Patco Energy Express II
95. Southeastern Bank Patco Energy Express III
96. The National Bank of South MAIl Inc.
Carolina
97. The Palmetto Bank Comer Stop Stores LLC
98. The Palmetto Bank Comer Stop Stores LLC
99. The Pahnetto Bank Comer Stop Stores LLC
100 The Palmetto Bank Comer Stop Stores LLC
101 The Pahnetto Bank Jodrell Partners Inc.
102 The Palmetto Bank Jodrell Partners Inc.
103 The Palmetto Bank Jodrell Partners Inc.
104 The Palmetto Bank Jodrell Partners Inc.
105 The Palmetto Bank MAIl Inc.
106 The Palmetto Bank Upstate 4 Investment
107 The Palmetto Bank Magic Castle Enterprises
108 The Palmetto Bank Mani One Inc.
109 The Pahnetto Bank Dass Inc.
110 The Palmetto Bank Dass Inc.
III The Palmetto Bank KKRISHNA LLC
112 The Pahnetto Bank KKRISHNA LLC
113 The Palmetto Bank KKRISHNA LLC
114 The Palmetto Bank KKRISHNA LLC
115 The Palmetto Bank KKRISHNA LLC
116 The Palmetto Bank Zambezi Holdings LLC
117 The Palmetto Bank Zambezi Holdings LLC
(Lottery Account)
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118 The Palmetto Bank Zambezi Holdings LLC
119 The Palmetto Bank Zambezi Holdings LLC
120 The Palmetto Bank Papa Oil, LLC
121 The Palmetto Bank Papa Oil, LLC
122 The Palmetto Bank Papa Oil, LLC
123 The Palmetto Bank Papa Oil, LLC
124 The Palmetto Bank Papa Oil, LLC
125 The Palmetto Bank Papa Oil, LLC
126 The People's Bank ofIva Fairplay Travel Center LLC
127 The People's Bank ofIva Fairplav Travel Center LLC
128 Waccamaw Bank Sumter One Investments
129 Waccamaw Bank Sumter One Investments
130 Wachovia Joseph Emmanuel
131 Williamsburg First National MAII Inc.
Bank
132 Williamsburg First National MAII Inc.
Bank
133 Yadkin Valley Bank Lucky Strike Amusements
134 Yadkin Valley Bank CashOutLLC
B. Real Property
Location I Address Titled Owner Descriution
1. 401 Black Oak Ct. Patel, Shilpaben Being the same property conveyed to
Spartanburg, SC 29306 Shilpaben Patel from Branch Banking
and Trust Company by Special
Warranty Deed dated December 18,
2008, and recorded in the Circuit
Court records of Spartanburg County,
South Carolina, on January 14,2009,
in Deed Book 93A, at Pages 906-907.
Block Map #6-34-00-168.00
2. 1700 Wofford St. Upstate 4 Being the same property conveyed to
Spartanburg, SC 29301 Investments LLC Shilpa Patel, Aparna Patel, Annapuma
Patel and Kinjal Patel from Steve
Pearce, Jr. and Edgar L. Campbell, by
Deed dated May 31, 2007, and
recorded in the Circuit Court records
of Spartanburg County, South
Carolina, on June 1, 2007, in Deed
Book 88, at Pages 392-393.
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3. 3507 Hwy. 246 South Patel, Anjay, Being the same property conveyed to
Greenwood, SC Nitin & Purvin Anjay R. Patel, Nitin B. Patel and
Purvin A. Patel from A. Pierce
Stockman, Jr., by Deed dated August
II, 2004, and recorded in the Circuit
Court records of Greenwood County,
South Carolina, on August 23, 2004,
in Deed Book 861, at Pages 115-116.
4. 204 McArthur St. Patel, Shilpaben Being the same property conveyed to
Woodroff, SC 29388 Shila Patel by Quit-Claim Deed
recorded in the Office of Register of
Deeds, Spartanburg, SC, as DEE-
2010-8624.
5. 660 N. Main St. Lucky Strike BEING the same property conveyed to
Woodruff, SC 29388 Investments Inc. Lucky Strike Investments, Inc. from
Ray Harrison and Harrison Petroleum
Co., Inc. on July 6, 2004, recorded in
the Office of the Register of Deeds for
Oconee County, South Carolina, in
Book 80, at page 378
6. 4545 Augusta Rd. Lucky Strike Being the same property conveyed to
Greenville, SC 29605 Investments Inc. Lucky Strike Investments, Inc. from
Robbins Oil Company, a North
Carolina corporation, by Deed dated
January 20, 2004, and recorded in the
Circuit Court records of GJ;eenville
County, South Carolina, on January
30, 2004, in Deed Book 2073, at Page
389-39l.
7. 1030 Maxwell Ave. Dass Inc. Being the same property conveyed to
Greenwood, SC 29646 Dass, Inc. from Suzanne T. Rowland,
by Deed dated November 10, 2008,
and recorded in the Circuit Court
records of Greenwood County, South
Carolina, on November 18, 2008, as
Instrument #20000010250 in Deed
Book 1133, at Page 14-15.
8. 8 Groyeview Trl (lot BEING the same property conveyed
404) from Eastwood Construction Co, Inc.
Mauldin, SC 29662 to on March 3,
2008, recorded in the Office of the
Register of Deeds for Greenville
County, South Carolina, in Book
2314, at page 1692
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9. 10901 Front Beach Rd. Tristar Holdings Being the same property conveyed to
#304 LLC Tristar Holdings, LLC, a South
Panama City Beach, FL Carolina limited liability company,
32407 from Jolm N. Flood and Pamela J.
Flood, husband and wife, by Warranty
Deed dated August 31, 2010, and
recorded in the Circuit Court records
of Clerk Bay County, Florida, on
September 3, 2010 in Deed Book
3266, at Pages 916-917.
Parcel Identification Number 34881-
575-018
10. Motor Lodge Mosi-o-tunya This being the same property
1240 Chester Hwy Properties LLC conveyed to Mosi-O-Tunya
York, SC 29745 Properties, LLC by deed of Billie
Watts Schronce nlk/a Billie Watts
Lawson and Deborah Watts Perry
dated September 29, 2010.
11. 120 Abbott Lane Patel, et al, Anjay This being a portion of the property
Spartanburg, SC conveyed to Anjay R. Patel and
Shilpaben D. Patel by deed of Twin
Woods Associates, Inc. dated August
14, 1997 recorded in Deed Book 66-K
at Page 403 in the Office of the
Register of Deeds for Spartanburg
County.
12. 829 S. Church St. Upstate 4 BEING the same property conveyed to
Spartanburg, SC Investment LLC Mani Investments, LLC from Gerald
A. Tucker on September 13,2007,
recorded in the Office of the Register
of Deeds for Spartanburg County,
South Carolina, in Book 89, at page
870.
13. 2504 Montague Ave. Patel, Shilpaben Being the same property conveyed to
Greenwood, SC Shilpa Patel from Warren F. Langley,
by General Warranty Deed dated
August 7, 2006, and recorded in the
Circuit Court records of Greenwood
County, South Carolina, on August 9,
2006, in Deed Book 990, at Pages
266-269.
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14. 900 E. Durst Ave. Patel, Shilpaben Being the same property conveyed to
Greenwood, SC Shilpa Patel from Warren F. Langley
and Jayn F. Langley, by General
Warranty Deed dated August 7, 2006,
and recorded in the Circuit Court
records of Greenwood County, South
Carolina, on August 9, 2006, in Deed
Book 990, at Pages 270-273.
15. 1224 Emerald Rd. Patel, Anjay, Being the same property conveyed to
Greenwood, SC 29646 Purvin and Nitin Anjay R. Patel, Purvin A. Patel and
Nitin B. Patel from J.M. Brown
Vending Co., Inc., by Deed dated
August 9, 2004, and recorded in the
Circuit Court records of Greenwood
County, South Carolina, on August
18,2004, in Deed Book 860, at Pages
222-224.
16. 201 John B. White Sr. Jodrell Partners; BEING the same property conveyed
Blvd. Upstate 4 from Gazleabbas Dossaji and Munira
Spartanburg, SC Investments Dossaji to Jodrell Partners, Inc. on
March 3, 2008, recorded in the Office
of the Register of Deeds for
Greenville County, South Carolina, in
Book 2314, at page 1692.
17. Highway 56 Papa Oil, LLC
Oil, LLC, a South Carolina limited liability
Laurens, SC
company from Moorhead Operating
18. 22477 Highway 76E Papa Oil, LLC
Properties, LLC, a South Carolina limited
liability company by Deed dated November
Laurens, SC
23,2004, and recorded in the Circuit Court
19. 322 West Main Street Papa Oil, LLC records of Laurens County, South Carolina, on
Clinton, SC
October 22, 2004 in Deed Book 00708, at
20. 801 N. Harper S1. Papa Oil, LLC
Pages 00215-00218.
Laurens, SC
Tax Map Nos: Parcel 1/905-01-01-001; Parcel
21. 807 N. Harper St. Papa Oil, LLC 2/901-29-01-037; Parcel 3/901-12-03-001;
Laurens, SC
Parcel 4/504-00-00-060; Parcel 5/906-10-02-
22. 700 Fleming St. Papa Oil, LLC
045 and 044; Parcel 6/ 906-18-05-026
Laurens, SC
23. 5630 Highway 76 Lucky Strike Being the same property conveyed to
Sandy Springs, SC Investments Lucky Strike Investments, Inc. from
29677 Li'l Cricket, LLC by Deed dated
October 29, 2003, and recorded in the
Circuit Court records of Spartanburg
County, South Carolina, on March 24,
2008, in Deed Book 5828, at Page 20-
22.
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24. 1215 Greenwood Rd. Lucky Strike Being the same property conveyed to
Laurens, SC Investments Lucky Strike Investments, Inc., a
South Carolina corporation from
Thomas S. Raines by Deed dated
August 8, 2003, and recorded in the
Circuit Court records of Laurens
County, South Carolina, on August 8,
2003 in Deed Book 00643, at Pages
00015-00019.
Block Map No.: 906-13-09-005
25. 607 W. Main St. Lucky Strike BEING the same property conveyed to
Walhalla, SC Investments Lucky Strike Investments, Inc. from
Magic Cash Properties, LLC on June
7,2005, recorded in the Office ofthe
Register of Deeds for Oconee County,
South Carolina, in Book 1424, at page
053.
26. 317 Blue Water Way Tristar Holdings BEING the same property conveyed to
West Union, SC 29642 LLC Tristar Holdings, LLC on November
16,2010, recorded in the Office of the
Register of Deeds for Oconee County,
South Carolina, in Book 1804, at
pages 47-49.
27. 919 E. Wade Hampton Lucky Strike Being the same property conveyed to
Blvd. Amusements, Lucky Strike Investments, Inc. from
Greer, SC 29651 LLC L'i! Cricket, LLC by Deed dated
October 29, 2003, and recorded in the
Circuit Court records of Spartanburg
County, South Carolina, on March 24,
2008, in Deed Book 86-K, at Page
759-760.
28. 401 N. Main St. SIA Investments Being the same property conveyed to
Saluda, SC 29307 LLC SIA Investments, LLC from Miriam
B. Adams by Deed dated September
18, 2009, and recorded in the Circuit
Court records of Saluda County, South
Carolina on September 25, 2009 in
Deed Book 891, at Pages 134-137 as
Instrument Number 200900002017.
County Map Number 079-20-07-022
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29. 905 S. Cashua Dr. Comer Store Inc. This being the same property
Florence, SC 29501 conveyed to The Comer Store, Inc. by
(Hyde Park) foreclosure deed of Haigh Porter,
Special Referee for the County of
Florence, said deed having been
recorded in the Office of the Clerk of
Court for Florence County on August
5,2010 in Book B313 at pages 124-
128.
30. 1802 South Main St. Comer Store Inc. Being the same property conveyed to
Greenwood, SC 29646 d/b/a Falcon Oil Comer Store Inc., a South Carolina
corporation, d/b/a Falcon Oil from
C.Y. Thomason Company, a South
Carolina corporation, by Deed dated
May 19, 2009, and recorded in the
Circuit Court records of Greenwood
County, South Carolina, on May 20,
2009 in Deed Book 1156, at Pages
169-172 as Instrument 200900003725.
Parcel Identification Number 6855-
411-188
31. 730 West Main Street Patel, Shilpaben Being the same property conveyed to
Clinton, SC & Nilesh Shilpa Patel and Nilesh D. Patel from
Branch Banking and Trust Company
of South Carolina by Deed dated May
31, 2006, and recorded in the Circuit
Court records of Lauren County,
South Carolina, on June 5, 2006 in
Deed Book 00786, at Pages 00074-
00077.
Block Map No.: 901-13-05-001
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32. 401 Janette St. DHRU Being the same property conveyed to
Conway, SC 29527 Investments DHRU Investments, LLC, a Delaware
limited liability company from WOC
Southeast Integrated, LLC, a North
Carolina limited liability company
n/k/a Worsley Operating Corporation,
a North Carolina corporation by Deed
dated November 19,2010, and
recorded in the Circuit Court records
ofHorry County, South Carolina, on
December 13, 2010 in Deed Book
3495, at Pages 1140-1143 as
Instrument 2010000123702.
County Map Number 136-12-07-008
and 136-12-07-009
33. 100 W. Strawberry KAKKULLC Being the same property conveyed to
Blvd. Kakku, LLC, a Limited Liability
Chadboum, NC 28491 Corporation from Enroh L.P. Gas Co.,
Inc. by Warranty Deed dated
December 10, 2009, and recorded in
the Circuit Court records of Columbus
County, North Carolina on December
22, 2009 in Deed Book RB 975, at
Pages 919-921.
PIN 0251.03-22-1287.000
Property # 24181
34. 102 Goforth Rd. Comer Store Inc. Being the same property conveyed to
Kings Mtn., NC Comer Store, Inc. from Moore's
Market & Grill, LLC, a North
Carolina limited liability company, by
General Warranty Deed dated May 28,
2009, and recorded in the Circuit
Court records of Cleveland County,
North Carolina on May 28, 2009 in
Deed Book 1576, at Pages 1485-1487.
Parcel Identification Numbers 44448
&44447
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35. 287 W. Killlamey Lk. Patel, Viresh Being the same property conveyed to
Moore, SC 29369 Viresh R. Patel from Paul K. Lee by
Deed dated June 23, 2004, and
recorded in the Circuit Court records
of Spartanburg County, South
Carolina, on June 24, 2004, in Deed
Book 80Q, at Page 516.
Block Map No.: 6-24-00-047.13
36. 349 2nd St. KKRISHNA LLC Being the same property conveyed to
Chesterfield, SC Kkrishna, LLC, a South Carolina
limited liability company, from
Rainwater Gas & Oil Company, Inc., a
South Carolina corporation by Limited
Warranty Deed dated September 29,
2010, and recorded in the Circuit
Court records of Chesterfield County,
South Carolina, on October 4, 2010, as
Instrument 201000003312.
Tax Map No: 271-009-003-009
37. 658 Mosswood Ln. Patel, Kinjal & Being the same property conveyed to
Spartanburg, SC Purvinkumar Kinjal Patel and Purvinkimar Patel
from John W. Turner, Jr., and Kay F.
Turner by Deed dated August 4, 2008,
and recorded in the Circuit Court
records of Spartanburg County, South
Carolina, on November 26, 2008, in
Deed Book 92, at Pages 185-186.
Tax Map No. 6-19-00-460.00
38. 149 Hetty Hill St. Boss Ramsey All that lot ofland in the Town of
Gaffney, SC 29340 Gaffney, County of Cherokee, being
shown and designated as Lot C ,etc.
Being the identical property conveyed
to Boss Ramsey and Nathan Ramsey
by deed dated December 23, 2005 and
recorded in the office of the Clerk of
Court for Cherokee County, S.C. in .
Deed Book 229, at Page 169.
Being the same property conveyed to
Boss Ramsey by deed recorded in
aforesaid Clerk's Office, in Deed
Book 231, Page 18.
PIN 057040013200C (TMN
100700025002) ,
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39. 167 Hetty Hill St. Boss Ramsey Lots A and B shown on plat by James
Gaffney, SC 29340 V. Gregory, R. L. S., recorded in the
office ofthe Clerk of Court for
Cherokee County, SC in Deed Book
ll-T, at Page 819.
Being the identical property conveyed
to Boss Ramsey and Nathan Ramsey
by deed dated December 23, 2005 and
recorded in the office of the Clerk of
Court for Cherokee County, S.C. in
Deed Book 229, at Page 171.
Being the same property conveyed to
Boss Ramsey by deed recorded in the
office of the aforesaid clerk in Deed
Book 231, Page 18.
PIN 057040013000A and PIN
057040013100B ( TaxMapNos
100700025003 and 25004)
40. 106 Topaz Lane Boss Ramsey Being the same property conveyed to
Gaffney, SC 29341 Boss M. Ramsey from Ramsey and
Ramsey Builders, Inc. by Deed dated
May 24,2007, and recorded in the
Circuit Court records of Cherokee
County, South Carolina on May 25,
2007 in Deed Book 8, at Page 471 as
Instrument 200700003176.
County Map Number 064-00-00-
012.119
41. Comer of 2nd & 3rd St. Boss Ramsey Being the same property conveyed to
Gaffney, SC Boss M. Ramsey from Margie M.
Allison, Trustee of the Bobby B.
Allison Trust dated December 7, 1995
by Deed dated November 29,2007,
and recorded in the Circuit Court
records of Cherokee County, South
Carolina on November 30, 2007 in
Deed Book 14, at Pages 287-289 as
Instrument 200700007538.
County Map Number 099-05-00-
086.00
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42. 125 Carolina Orchard Boss Ramsey Being the same property conveyed to
Rd. Boss M. Ramsey from Sonya P.
Cowpens, SC 29330 Gordon by Deed dated December 4,
2002, and recorded in the Circuit
Court records of Cherokee County,
South Carolina on December 18, 2002
in Deed Book 00138, at Page 00173.
County Map Number 29-00-00-39.8
43. 694 N. Washington St. Vic Patel & Being the same property conveyed to
Rutherford, NC 28139 Ketan Patel Viresh R. Patel and Ketan A. Patel
from James A. Robbins and wife, June
Miller Robbins by General Warranty
Deed dated April 6, 2004, and
recorded in the Circuit Court records
of Rutherford County, North Carolina,
on April 7, 2004 in Deed Book 0843,
at Pages 0554-0556.
Tax PIN 1608510
44. 604 Church St. Conway Property Being the same property conveyed to
Conway, SC Holdings LLC Conway Property Holdings, LLC, a
South Carolina limited liability
company from Robert R. Rainwater,
Jr. by Deed dated March 16,2011, and
recorded in the Circuit Court records
ofHorry County, South Carolina, on
March 24, 2011 in Deed Book 3511,
at Pages 1282-1285 as Instrument
2011000028675.
County Map Number 137-01-34-012
C. Business Entities All assets. inventory and property related thereto:
1. Cash OutLLC

2. Conway Property Holdings LLC
401 Black Oak Ct.
Spartanburg, SC
3. Comerstop Stores, LLC

731 Chesnee Hwy.
Gaffuey, SC 29341
4. Comer Store Inc. DBA Falcon Oil

192 Lois Dr.
Gaffney, SC 29341
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5. Dass Inc.
1514 Fernwood Glendale Rd.
Spartanburg, SC 29307
6. Fairplay Travel Center LLC

272 Herring Rd.
Fair Play, SC 29643
7. lodrell Partners Inc.
DBA Comer Stop 105
720 Hayne St.
Spartanburg, SC 29301
8. KAKKULLC
100 W. Strawberry Blvd.
Chadbourn, NC 28491
9. KKRlSHNA LLC

1116 Cherokee Ave
Gaffney, SC 29340
10. Lucky Strike Amusements LLC

1252 Overbrook Dr. Suite 1
Gaffuey, SC 29341
11. Lucky Strike Investments LLC

208 S. Carleila Lake Way
Spartanburg, SC 29307
12. Magic Castle Enterprises, LLC
208 S. Carleila Lake Way
Spartanburg, SC 29307
13. MAIl Inc. (convenience stores)

2537 Sandy Ridge Run
Rock Hill, SC 29732
14. MARVSLLC
658 Mosswood Ln.
Spartanburg, SC 29301
15. Papa Oil, LLC
731 Chesnee Hwy.
Gaffuey, SC 29341
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16. Patco Energy Express, LLC
491 St. Marys Rd.
Kingsland, GA 31598
17. Patco Energy Express II, LLC
491 St. Marys Rd.
Kingsland, GA 31598
18. Patco Energy Express III, LLC

491 St. Marys Rd.
Kingsland, GA 31598
19. SIA Investments LLC
305 S. Main St.
Abbeville, SC 29620
20. Sumter One Investments LLC

7 Guignard Dr.
Sumter, SC 29150
21. Trans America Properties Inc.
272 Herring Rd.
Fairplay, SC
22. UKCREWLLC

537 Magnolia Blossom Ct
Spartanburg, SC
23. Upstate 4 Invesments, LLC

1700 Wofford St.
Spartanburg, SC 29301
D. Vehicles and Conveyances:
Make Model Year VIN Owner
1. Honda Civic LX 2003 lHGEM22513L039683 Nitin Patel and
Anjay R. Patel
2. Suzuki VZ8005k 2005 JSIVS56A252101964 Anjay R. Patel
3. GMC Yukon 2007 IGKFC16057R418644 Anjay R. Patel
4. BMW X5 2008 5XFE43518L028876 Anjay R. Patel
5. Chevrolet TAHOE 2011 1 GNSKCE08BRI93775 RPR Enterprises Inc.
6. Chevrolet K1500 2003 2GCEK19T331211835 Boss Martin Ramsey
Silverado
7. Mazda Protege 2002 JMIBJ225X20569662 C. Moneyhan and
mULX Tonia Wilkerson
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8. Chevrolet lZ67 1975 lZ67J5S405599 Nathan Ramsey
9. Chevrolet Avalanche 2005 3GNEC12Z35G120089 Lucky Strike
Amusement LLC
and Nathan Ramsey
10 . GMC ACADIA 2008 1 GKEROO778J128624 Nathan Ramsey
11 . GMC IGKS 2011 1 GKS2MEFXBR144441 Comer Store Inc.
and Nathan Ramsey
12. Chevrolet SIO 1989 IGCCS14Z0K8145954 Preston Daniel
McCurley
13. Ford FIOGN 1972 FlOGCN74052 Preston Daniel
McCurley
14. Dodge RAMI 500 1997 IB7HF16Y8VS212824 Preston Daniel
McCurley
15. Honda CBR600RR 2008 JH20C40088MI06494 Nicole Renee Stott
and Preston D.
McCurley
16. Ford Focus 2009 IFAHP36N69VV194648 Nicole Renee Stott
and Preston D.
McCurley
17. Toyota 4Runner 2000 JT3HN87R6Y9044670 Nicole Renee Stott
and Preston D.
McCurley
18. Honda TRX250TMB 2011 lHFTE21 OXB420 1026 Preston Daniel
McCurley
19. Honda TRX420FEB 2011 lHFTE3541B4401411 Preston Daniel
McCurley
20. Dodge Caravan 2005 ID4GP45R25B285582 Purvinkumar A.
Patel and Rajesh
Chhaganlal Patel
21. BMVV 750LI 2006 VVBAHN83516DT59785 Purvinkumar A.
Patel
22. Toyota Highlander 2005 JTEEP21A050097420
23. Honda Odyssey 2003 5FNRL18083BI09885 Viresh Ravindrabhai
Patel
24. BMVV 750LI 2006 VVBAHN83546DT62468 Viresh Ravindrabhai
Patel
25. BMVV M3 2009 VVBSVVD93549PY43531 Tristar Retail
Supplies LLC
26. Mercedes GL550 2008 4JGBF86E18A392111 Tristar Retail
Supplies LLC
27. Chevrolet lGCGG 2005 1 GCGG25V451258632 Tristar Retail
Supplies LLC
28. Ford Econoline 1989 IFTFE24H5KHC36512 RPR Enterprises Inc.
E250
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29. Ford Econoline 2003 RPR Enterprises Inc.
E250
30. Ford Econoline 2007 I FTNS24 W97DA02679 RPR Enterprises Inc.
E250
31. Mercedes M3CA170 2010 WD3PF4CC5A5469173 Zambezi Holdings
LLC
FOREPERSON
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