US v Guy Philippe Indictment Nov 22, 2005

haitiliberte

Indictment filed against Guy Philippe by U.S. Attorney R. Alexander Acosta

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Case 1:05-cr-20874-CMA Document 3 Entered on FLSD Docket 07/02/2014 Page 1 of 7

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UNITED STATES DISTRICT COURT

05 SOUTHERN - k ISTRICT 74 OF SF-./LTON/C*AO'AR* FLONPA '>*

e 0.

21 U.S.C. j 963

18 U.S.C. j 1956(h)

18 U.S.C. j 1957

21 U.S.C. j 853

18 U.S.C. j 982

UNITED STATES OF AMERICA

VS.

GW PHILIPPE,

Defendant.

The Grand Jury charges that:

/

INDICTMENT

COUNTI

FILED by D.C.

MAG. SEC.

N0V 2 '2 2œ5

CLARENCE MADDOX

c L E R K u . s . D l s T . cT,

s.D. oF FLA. . MIAMI

From in or about 1997, and continuing until in or about March 2001, the exact dates being

unknown to the Grand Jury, in Miami-Dade County, in the Southern Distdct of Florida, and

elsewhere, the defendant,

GW PHILIPPE,

did knowingly and intentionally combine, conspire, confederate and agree with other persons both

known and unknown to the Grand Jury, to import into the United States, from a place outside

thereof, a controlled substance, in violation of Title 21, United States Code, Section 952(a); al1 in

violation of Title 21, United States Code, Section 963.

Pursuant to Title 21, United States Code, Section 960 (b)(1)(B), it is further alleged that this

violation involved five kilograms ormore of amixture and substance containing adetectable amount

of cocaine.

Ts


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COUNTZ

Begirming in orabout June 1999, and continuinguntil in or about Apd12003, in Minmi-Dade

Cotmty, in the Southern Distdct of Florida, and elsewhere, the defendant,

GUY PHILIPPE,

did knowingly and intentionaly combine, conspire, confederate and avee with other persons both

known and unknown to the Grand Jury, to commit offenses against the United States in violation of

Title 18, United States Code, Sections 1956 and 1957, that is:

A. To knowinglyconduct a financial transaction, affecting interstate and foreign commerce,

which transaction involved the proceeds of some form of tmlawful activity, with the intent to

promote the canying on of specified tmlawful activity, and that while conducting such transaction,

knew that the property involved in the financial transaction represented the proceeds of some form

of specifiedunlawfulactivity, in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i);

and

B. To knowinglyconduct a financialtransaction, affecting interstate and foreir commerce,

which transaction involved the proceeds of some form of unlawful activity, knowing that the

transaction is designed in whole and in part to conceal and disguise the nature, the location, the

source, the ownership and the control of the proceeds of specified unlawful activity, and that while

conducting suchtransaction, knewthat thepropertyinvolved inthe financial transactions represented

the proceeds of some fonn of specified tmlawful activity, in violation of Title 18, United States

Code, Section 1956(a)(1)(B)(i); and

To knowingly engage in a monetary transaction, by, through, and to, a financial

institution, affecting interstate and foreign commerce, in criminaly dedved property of a value


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greater than $10,000.00, such property having been derived from specifed unlawful activity, in

violation of Title 18, United States Code, Section 1957.

It is further alleged that the financialtransaction involved the proceeds of specified unlawful

activity, that is, the felonious importation, receiving, concealment, buying, selling, and othem ise

dealing in a controled substance, punishable under the laws of the United States.

Al in violation of Title 18, United States Code, Section 1956(h).

COUNT3

Beginning on or about November 28, 2000 and continuing until on or about December 1,

2000, in Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendant,

GIJY PHILIPPE,

did knowingly engage and attempt to engage in a monetary transaction, that is, the transfer and

exchange of funds and a monetary instrument, that is, check ntlmber 291, in the amount of

$112,000.00, drawn on First Union National Bank account number 1010020252306, held in the

name of Guy and Natalie Philippe, and made payable to Omar Pareja Figuoroa, by, through, and to,

a financial institution, affecting interstate and foreign commerce, in criminaly derived property of

a value greaterthan $10,000.00, suchpropertyhavingbeen derived 9om specifedunlawful activity.

lt is further allegedthat the monetarytransaction involvedtheproceeds of specifedunlawful

activity, that is, the felonious importation, receiving, concealment, buying, seling, and otherwise

dealing in a controled substance, punishable tmder the laws of the United States.

A11 in violation of Title 18, United States Code, Sections 1957 and 2.


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ASSET FORFEITURE ALLEGATIONS

1. The alegations of Counts 1 through 3 of this Indictment are re-aleged and incoporated

herein for the pupose of alleging forfeiture to the United States of America of certain property in

which the defendant has an interest, ptrsuant to the provisions of Title 18, United States Code,

Section 982 and Title 21, United States Code, Section 853, and the procedures set forth in Rule 32.2,

Federal Rules of Criminal Procedtlre.

2. Upon conviction of any violation of Title l8,united States Code, Sections 1956 and/or

1957, defendant shall forfeit to the United States any property, real or personal, involved in such

offense dr anyproperty traceable to such propertypursuant to Title 18, United States Code, Section

982(a)(1).

3. Upon conviction of any violation of Title 21, United States Code, Section 963, the

defendant shall forfeit to the United States any property constituting or derived 9om any proceeds

the defendant obtained, directly or indirectly, as the result of such violation, and anyproperty which

the defendant used or intended to be used in any mnnner or part to commit or to facilitate the

commission of such violation pursuant to Title 21, United States Code, Section 853.

4. The property subject to forfeiture includes but is not limited to:

M ONEY JUDGMENT

(A) The sum of approximately $1,500,000 in United States currency and a11 interests

and proceeds thereto, in that such stlm constitutes and is derived from proceeds

which the defendant obtained directly and indirectly as a result of the commission of

the criminal offenses alleged in Count 1, and in that such sum, in the agpegate, was

involved in and is traceable to, the cdminal offenses alleged in Counts 1 throug,h 3.

5. Pursuant to Title 21, United States Code, Section 8531), if property described above as

being subject to forfeiture, as a result of any act or omission of the defendant,

4


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(A) cnnnot be located upon due diligence;

(B) has been transferred, or sold to, or deposited with a third party;

(C) has been placed beyond thejurisdiction of the Court;

(D) has been substantialy diminished in value; or

(E) has been commingled with other property which cannot be subdivided

without diftkulty;

it is the intent of the United States to seek the forfeittlre of other property of the defendant up to the

value of the above-described forfeitable property.

Al1 pursuant to Title 18, United States Code, Section 982 and Title 21, United States Code,

Section 853.

ATRV

r f

F6-aE:éRsox

ts R.A ExA ER AcosTA

LRWTE TATES ATT

Y

z

L M. KIRKPAT

AS I AN1 TE ST S ATTOKNEY

AVID S. WEINSTEIN

ASSIST T UNITED TES ATTORNEY

N

J W. SELLER

AL ATTORNEY, DEPARTMENT OF JUSTICE

THOMAS J. PINDER

TRIAL ATTORNEY, DEPARTMENT OF JUSTICE


YUTHERN ITED STATES DISTRICT DISTRICT OF FLORIDY' COURW

Case 1:05-cr-20874-CMA Document 3 Entered on FLSD Docket 07/02/2014 Page 6 of 7

UNITE: STATES OFAMERICA 0 y= % 0 8 7 4

VS.

GUY PHILIPPE,

Defendant. /

Coud Division: (select onel

Y Miami FTL wIB Ke West FTp

?.

l

CERTIFICATE OF TRIAL ATTORNEY*

MAft'(MNrkA?R 'JI>

S %,1A7JON

uperseding Case Information:

New Defendantts) Yes No

Number of New Defendants

Total number of counts

I do hereby cedify that: .

1. l have carefuly considqred the alegations of the indictmqn t the numbeq of defendant s ,!he

2.

4.

5.

l

l l

I l I

IV

V

number of probable wltnesses and the Iegal complexitles of the Indlctment/lnformatlon

attached hereto.

l am aware that th: information supplied on this statement wil berelied upon by the Judges

of this Court in settlqg thelrcalendars and scheduling criminal trials under the mandate of the

Speedy Trial Act, Tltle 28 U.S.C. Section 3161.

FlL ED by D.C.

Interpreter: (Yes or No) Yes MAG. sEc. -

List Ianguage and/or dialect

This case wil take tn days for the padies to try .

N0V 222W5

Please check appropriate category and type of ofense Iisted eloNjyEtjc) kt y)sT0Jv.

.

o, ûk.. ..;A.1

J bl 0$ 111 ys jblt't yOnly one) '

6 to 10 days Y Minor

11 to 20 days Misdem.

21 to 60 days Felony Y

61 days and over

6. Has this case been previously filed in this District Coud? (Yes or No) Nn

lf yes:

Judg e' ,

Case No. '

(Atach copy of dispositive order)

Has a complaint been filed in this mater? (Yes or No) Nn

If yes:

Magistrate Case No.

Related Miscelaneous numbers'. Om7nM mnr-nnnkp n6-7f17qR-t7r-I pnnrfi ns-7n7:g-nr-unrfinpm

05-20287-Cr-Un aro-Bena es 03-60283-Cr-Marra 98' -0861-Cr-Graham 04' -20573-Cr-Cooke 03-

r- - r- 00 e - - r- I e rOO S - - r- tona a - - r- Oore - -

r- Oreno - - ar er - - r- Oore S

e en ant s In e era custo y as o

Defendant s in state custody as of

Rule 20 from the

District of

Is this a potential death penalty case? (Yes or No) No

8.

9.

Do:s this case originate from a mater pending in the U.S. Atorney's Ofice prior to

Aprll 1, 2003? X Yes No

Do:s this case originate from a mater pending in the U. S. Atorney's Ofice prior to

Aprll 1, 1999? X Yes No

lf yes, was it peW g in thWrentral Region? Yes X No

Doys thi! case orininate from a matter pending in the Nodhern Region of the U.S. Atorney's

Oflce prlor to Oc

I ober 14, 2003? Yes X No

10. Does this case originate from a mater pending in the Narcoti s ctio (Miami) prior to

May 18, 2003 ? X Yes - No

Penalty Sheetls) atached

M , K I R K P AT R

AS STANT UNITED S TES ATTORNEY

Coud ID No. A5500737

REV.1/14/%


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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: GW PHILIPPE

Case No: 05 - 2 0 8 1 4 çq-.?ïLT0qr.S#

> O1W'I1A'iIB J'te l

KUM OO

Cotmt #: 1

Consoiracv to import cocaine into the United States

Title 21. United States Code. Stcsion 967

* M ax.penal : Life im risonment .

t L)y . .

MAG. SEC.

C otmt #: 2

N0V 2 2 2925

C ons irac to launder monet instruments

Ti tle 18 United States Code Section 1956 h

k.o. @)l2E7CE oF dk. rs'lpot . MiA;1

*M ax. Penalty: 20 years' imprisonment

Count #: 3

Engaging in monetarv transactions in prooertv derived from specified unlawful activity

Title 18. United States Code. Section 1957

*M ax. Penalty: 10 years' imprisonment

Cotmt #:

*M ax. Penalty:

*Refers only to possible term of incarceration, does not include possible fines, restitution,

special assessments, parole terms, or forfeitures that may be applicable.

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