Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 1 of 4
RIMINAL COMPLAINT
United States District Court
D1SfRlCT
of
ARIZONA
.
UNITED
STATES
OF
AMERICA
DOCKET NO.
V.
RAUL
F.
PORTILLO
DOB:
20 1972
U.S. Citizen
MAGISI'RATE'S CASE NO.
UNDER
SEAL
06-06778M-
Complaint for
violation
of Title
18
United
Stat
Code
§
371
COMPLAINANT'S STATEMENT
OF
FACTS CONSTITUTING THE OFFENSE OR VIOLATION:
Countl
From in or about January 2002, and continuing at least through in or about December 2003, in the District
of
Arizona and elsewhere, defendant RAUL
F.
PORTILLO did knowingly and wilfully combine, conspire, and agree with others to commit offenses against the United States, to wit:
(I)
being a public official, directly and indirectly did corruptly demand, seek, receive, accept, and agree to receive and accept a thing of value personally and for other persons and entities, in return for being influenced in the performance
of
an official act, and being induced to do and omit to do any act in violation
of
his official duties, in violation
of
Title 18, United States Code, Sections
201
(b)(2)(A)
(C),
and (2) knowingly, willfully and unlawfully obstructing, delaying, and affecting commerce by extortion, that is, obtaining property from another, with his consent,
under color
of
official right, in violation
of
Title 18, United States Code, Section 1951.
BASIS
OF
COMPLAINANT'S CHARGE AGAINST TIlE ACCUSED:
Please see attached affidavit
of
FBI Special Agent Adam Radtke, which is incorporated herein.
MATERIAL WITNESSES IN RELATION TO
TIlE
CHARGE:
.
•
•••
DETENTION
EQ %:S'f~ll::
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SIGNATURE
OF
COMPLAINANT
(official title)
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eing duly s\tdrn; 1 declare that the
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true
and
Cotfec3
to
tbe
best.
OfJny
Imowlel ge:""
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OFFICIAL TITLE
.=
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FBI Special Agent
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Sworn
to
Iii rore
<)1e~ .d
sufjsctit)e<,lin: if
presence
..........
SIGNAJ 0~~~_lZ-rp
ue
DATE
October'l) 2006
F '''lrol~.fCoimh''''''~''';
Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 2 of 4
2 3 United States
of
America, 4 Plaintiff, 5
v
6 Raul F. Portillo, 7 Defendant. UNITED STATES DISTRICT COURT DISTRICT
OF
ARIZONA AFFIDAVIT
6
778M
UNDER
SEAL
----------------------
8 9 I,
dam
Radtke, being dnly sworn, state the following is true and correct to the best
of
my
10
knowledge and belief:
11
I
Your Complainant, Adam Radtke, is a Special Agent with the Federal Bureau
of
12
Investigation ( FBI ). Your Complainant's responsibilities include the investigation
of
possible
J
criminal violations
of
Tide
18
of
the United States Code.
14 2.
I have been a Special Agent with the FBI for over four (4) years. Prior to that, I was
15
a support employee for the FBI for over five (5) years. I have personally conducted
or
assisted in
16
investigations
of
alleged criminal violations
of
the laws
of
the United States, including bribery and
17
extortion. I
am
familiar with the facts and circumstances set forth below based upon my
18
participation in Operation Lively Green ( the investigation ), which includes but is not limited to
19
my review
of
evidence recorded by audio and video tape,
my
review
of
documentary evidence, and 20
my
interviews
of
more than forty (40)
of
he fifty-four (54) defendants who have entered guilty pleas
21
as a result
of
he investigation. I am further familiar with the facts and circumstances set forth below 22 based upon conversations with other law enforcement agents, in particular other Special Agents
of
23
the FBI. This Complaint is being submitted for the limited purpose
of
establishing probable cause 24 to believe that RAUL F. PORTILLO ( PORTILLO ) has knowingly violated the criminal laws
of
25 the United States, namely, conspiracy to commit bribery and extortion in violation
of
Title
18
, 26 United States Code, Section 371. Therefore, I have not included the details
of
every aspect
of
this
Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 3 of 4
06
677
8M
1 investigation, but only those facts to support pro bable cause. Where conversations or statements are 2 related herein, they are related in substance and
in
part only unless otherwise indicated.
3
3. PORTILLO was a Sergeant in'the Arizona Army National Guard ( AANG
.
After 4 the terrorist attacks
of
September 11,2001, the AANG has been deployed pursuant to a Presidential 5 Executive Order
to
assist various federal departments and agencies, including the Department
of
6 Defense and the United States Border Patrol, to support drug interdiction and other counter narcotics
7 activities. 8 , 4. From in or about January 2002, and continuing at least through in
or
about December
91
2003,
in
the District
of
Arizona and elsewhere, PORTILLO and other public officials including other
10
members
of
the AANG, members
of
various branches
ofthe
United States military, police officers,
11
corrections officers, and employees
of
various federal departments and agencies, agreed to enrich
12
themselves by obtaining money from persons who represented themselves to
be
narcotics traffickers
13
( the narcotics traffickers ), but who were in fact Special Agents
of
the FBI, in return for the
14
defendant and his co-conspirators using their official positions to assist, protect and participate in
15
the activities
of
what was represented to be an illegal narcotics trafficking organization
16
( Organization ) engaged in the business
of
transporting and distributing cocaine and other drugs
17
from Arizona to other locations in the southwestern United States.
18 5. In
or about January 2002, PORTILLO told an individual who represented himselfto
19
be a member
of
the Organization that he had been involved in narcotics trafficking in the past. 20 PORTILLO then offered to transport narcotics for the Organization.
21
6.
n
or about February 27, 2002, PORTILLO and five (5) other public officials 22 transported a total
of
30 kilograms
of
cocaine for the Organization from Tucson, Arizona, to Las
23
Vegas, Nevada. In order to protect the cocaine from police stops, searches, and seizures, PORTILLO 24 and the other public officials wore their official uniforms, carried their official forms
of
25
identification, and transported the cocaine in official vehicles. Thereafter, PORTILLO accepted 26 $6,000 in cash from the narcotics traffickers.
2
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