A0 91 '(Rev. 1 1/1 1) Criminal Complaint

U NITED STATES D ISTRICT C OURT

for the

Southern District of Florida

United States of America

V.

LUIS ALBERTO PATINO LINARES

and

GREGORI JERSON M ENDEZ PALACIOS

)

)

) Case No.

) 20-6363-5N0W

)

)

)

Defendant r,ç.)

CR IM INA L CO M PLA IN T

1, the complainant in this case, state that the following is true to the best of my know ledge and belief.

On or about the datets) of August 15, 2020 in the county of Broward in the

Southern District of Florida , the defendantts) violated:

Code Section

18 U.S.C. ! 554

18 U.S.C. j 922(g)(5)

31 U.S.C. j 5332

Om nse Description

Smuggling Goods from the United States

Alien in Possession of Firearms

Bulk Cash Smuggling Out of the United States

This criminal com plaint is based on these facts:

See attached Affidavit in Support of Criminal Complalnt.

W continued on the attached sheet.

@

Complainant 's signature

Jared Rine, Special Agent, HSI

Printed name and title

Sworn to and subscribed before m e telephonically.

Date: August 16, 2020

city and state: Fort Lauderdale, Florida Lurana S. Snow, United States Magistrate Judge

Printed name and title

Judge 's signature

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AFFIDA W T IN SU PPOR T O F CRIM INAL CO M PLM NT

1, Jared Rine, being duly sworn, do hereby depose and state:

l am a Speoial Agent (SA) with Homeland Security lnvestigations (HS1) and have

been so employed since April of 2003. I have participated in numerous criminal investigations

involving the export of m erchandise, item s, or articles contrary to law or regulation of the United

States. 1 am an investigative or law enforcement officer of the United States within the meaning of

Title 18 United States Code Section 251047), that is, an offcer of the United States who is

empowered by law to conduct investigations and make arrests for offenses enumerated in Titles 18,

19 and 31 of the U nited States Code.

The facts contained in this Affdavit are based on my personal knowledge and

inform ation provided to m e by other 1aw enforcem ent officers. This Av davit is being submitted for

the limited purpose of establishing probable cause that Luis Alberto PATINO LW ARES (PATINO

LINARES) and Gregori Jerson M ENDEZ PALACIOS (MENDEZ PALACIOS) did knowingly

attemptto smuggle firearms and ammunition from the United States, in violation of Title 18, United

States Code, Section 554; and did illegally possess firearms and am munition inviolation of Title 18,

United States Code, Section 922(g)(5)(B): and that MENDEZ PALACIOS, with intent to evade a

currency reporting requirement under Title 31, United States Code, Section 5316, did know ingly

conceal more than $10,000 in currenoy and other monetary instruments on his person and in his

conveyances, articles of luggage, m erchandise, and other containers, and did attempt to transport

such currency from a place inside the United States to a place outside of the United States, all in

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violation of 31 United States Code, Section 5332. The fads set forth herein do not constitute a1l the

facts known to 1aw enforcement oftk ers regarding this matter.

RELEV A N T ST ATU TE S

Title 18, United States Code, Section 554 (Outbound Smuggling), makes it a

crim e to fraudulently or knowingly export firearms and am munition from the United States:

çGW hoever fraudulently or knowingly exports or sends from the United States, or attempts to

export or send from the United States, any merohandise, article, or object oontrary to any 1aw or

regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates

the transportation, concealm ent, or sale of such m erchandise, article or object, prior to

exportation, know ing the sam e to be intended for exportation contrary to any law or regulation

of the United States, shall be fined under this title, imprisoned for not m ore than 10 years, or

both-''

4. Title 18, United States Code, Section 922(g) (5), in pertinent parq makes it a crime

for an alien who has been admitted to the United States under a nonimmigrant visa to (i) ship or

transport in interstate or foreign oommerce, any tirearm or ammttnition; (ii) possess in or affecting

commerce, any firearm or ammunition; and (iii) receive any firearm or ammunition which has been'

shipped or transported in interstate com m erce.

5. Title 18, United States Code, Section 5332 (ttBulk Cash Smuggling into or out of the

United States''), in pertinent parq makes it a crime for any person with the intent to evade a currency

reporting requirement to iiknoWingly conceal more than $10,000 in currency or other monetary

instrum ents on the person of such individual on in any conveyance, article of luggage, m erchandise,

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or other container, and transports or transfers or attempts to transport or transfer such currency or

monetary instrum ents from a place within the United States to a place outside the United States....

''

Concealment on a person includes luggage, backpack, or other container carried by such person.

FACTS ESTABLISHING PROBABLE CAUSE

6. On August 15, 2020, PA TINO LINA RES, a V enezuelan N ational, and M EN DEZ

PALACIOS, a Venezuelan National, attempted to departthe United States from the FortLauderdaleHollywood Intemational Airporq General Aviation Facility (GAF) aboard a 1986 Learjet 55 B, serial

number 129, tail number YV3441 (sW iroraft YV3441''), which is registered in Venezuela. At 0935

hours, MENDEZ PALACIOS filed a tlight plan from KFLL (Fort Lauderdale Hollywood

International Airport) to TVSA (Argyle lnternational Airport in St. Vincent and the Grenadines).

From my training and experience, 1 know that pilots have filed tlightplans to third party countries to

avoid detection of their ultimate destinations to avoid scrutiny of 1aw enforcement authorities.

l

7. Aircraft Y73441 departed the hanger, obtained fuel atthe Jetscape hanger and started

to taxi to the runw ay.z M END EZ PA LA CIO S, the pilot of the aircraft requested clearance from the

control tow er for taxi to the runw ay. At approxim ately 1330 hours, United States Customs and

Border Protection (CBP) Ofticers referred the private aircraft for inspection at the Customs area

located at the GAF. The air traffic control tower advised Aircraft YV3441 to report to the Customs

area at located at the G AF. At this tim e, rather than proceeding to the Custom s area as instructed,

1. As set forth belows during a vost-Miranda interview, PATINO LINARES stated that the aircraft was headed to

Venezuela as its ultimate destination.

2. Jetscape is a business that provides two private terminals for general aviation traffic, aircraA fueling services, and

aircra: storage facilities at Ft. Lauderdale-l-lollywood lnternational Airport.

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M ENDEZ PALACIOS turned the aircraft around backto Jetscape and parked in front of the hanger.

M ENDEZ PALA CIO S exited the aircraft and drove his vehicle to the Custom s area at the GAF.

M ENDEZ PALACIOS arrived atthe Customs area atthe GAF and was askedwhere

his plane was located. M ENDEZ PALACIOS stated to CBP thatAircraftYv3zl4l was located back

at Jetscape. At this time, CBP and FAA drove to Jdscape to inspect the aircraft. M ENDEZ

PALACIOS remained at the GAF and was asked by CBP to declare any currency or goods that he

was exporting from the U nited States. M EN DEZ PALA CIOS stated to the CBP oftk ers that he was

transporting approximately $8,000 of U.S. currency to Venezuela from the United States. CBP

offcers observed large bundles of U.S. currency in IWENDEZ PALACIOS' backpack and conducted

a currency veritk ation count which established that M ENDEZ PALACIOS was carrying

approxilately $18,000 of U.S. ourrency and an endorsed checkfor approximately $2,618.53 dollars.

CBP ofticers also discovered approximately $1,500 of U.S. Currency bundled in theprivate aircraft.

This inspection resulted in the discovery of approxim ately $20,000 of undeclared U.S. currency.

9. Upon arrival to the aircraft to conductthe inspection, an FAA Inspector approached

the Aircraft YV3441 and witnessed PATW O LINARES nearthe aircraft, along with a ground crew

from Jetscape, rem oving boxes from the aircraft. The FAA Inspector requested documentrelated to

a safety inspection. PATINO LINARES stated that he did not speak English. The FAA Inspector

asked PATINO LINARES in Spanish for documents related to a safety inspection. A gain, PATINO

LW ARES stated that he did not speak English. At this time, CBP officers arrived on scene and

w itnessed the ground crew unloading the private aircraft CBP inspected the boxes that were

offloaded and discovered cases of am m unition and firearm s. CBP observed approxim ately 50 or

more boxes that had been removed from the aircraft and witnessed a Jetscape ground crew member

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offload a .50 Cal B arrett sniper rifle from the aircraft. At this tim e, CBP ceased the offload. Upon

inspection of the Aircraft YV3441, CBP oftscers observed thatthe aircraftwas fully loaded, from the

cockpit back to the lavatory, with cases and boxes of weapons, amm unition and household goods.

10. Upon further inspection, it was established the cargo that had been contained within

Aircraft Y73441 included approximately eighty-two tirearms of various types and calibers,

including approximately eighteen (18) rifles, six (6) shotguns, and ffty-eight (58) pistols. lncluded

among the ritles was the Barrett .50 caliber sniper ritle. Also included within the cargo that had

been contained within the aforesaid aircraft were approximately 63,000 rounds of am m unition of

various makes and caliber, body armor, and a firearm silencer/suppressor.

1 1. PATIN O LINA RES w as transported to the GAF Custom s area. HS1 Special A gents

responded to conduct an interview of PATINO LINARES and M ENDEZ PALACIOS. PA TW O

LINARES and M ENDEZ PALACIOS were advised of theirAfm aJtz rights, verbally and in writing.

12. PATW O LW ARES waived his M iranda rights and agreed to speak with 1aw

enforcem ent officers. PATW O LINA RES, the co-pilot of A ircraft Y V3441, stated that, w hile in the

South Florida area with-in the past three (3) months, he and the pilot, MENDEZ PALACIOS,

collectively purchased frearm s, am munition, body arm or and a suppressor. PA TIN O LINARES

stated that these items were purchased at the direction of M ENDEZ PALACIOS. PA TINO

LINARES stated that M ENDEZ PALACIOS provided the funds that were used as payment forthe

firearms, ammunition, body armor and suppressor. PATW O LINARES stated that, during thattime

frame, he and M ENDEZ PALACIOS were residing together in an apartment in Coral Springs,

Florida. PATIN O LINARES stated that he and M END EZ PALA CIO S acquired these fireanus,

silencer/suppressor and ammunition from private sales set up on the internet, along with purchases

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from some retail locations throughout the South Florida area. PATW O LW ARES stated that, on

August 14 and 15, 2020, he and M ENDEZ PALACIOS transported the above-described firearm s

and ammunition from the apartment in Coral Springs, Florida and loaded it onto the aforesaid

aircraft for the purpose of exporting those item s from the United States to V enezuela. PA TIN O

LW ARES, the co-pilot, stated that, after the plane had been referred to the Customs area while

taxiing toward takeoff, M ENDEZ PALACIOS instead returned to the Jetscape hanger and told

PATINO LINARES to unload the plane.

13. The records of the U.S. lmm igration and Customs Enforcement indices reflect that

both PATW O LINARES and M ENDEZ PALACIOS are currently in the United Sates pursuant to

B1/B2 visas. The B1/B2 visa is a non-immigrant visa issued to a person who wants to enter the

United States temporarily for business, fortourism , or for a combination of b0th purposes. These are

non-immigrantvisas thatprohibitpATm o LINARES andM ENDEZPALACIOS from shipping or

transporting, in interstate or foreign com m erce, or from possessing in or affecting com m erce, any

firearm or ammunition, pursuant to Title 18, United States Code, Section 92j(g)(5)(B).

The events described above took place in Broward County, Florida, which is within

the Southern District of Florida. Based upon the foregoing, 1 subm it that there is probable cause to

believe that PATINO LINARES and M ENDEZ PALACIOS, did knowingly and willfully attemptto

smuggle goods from the United States, specifically (i) srearms and ammunition, in violation of Title

18, United States Code, Section 554, and (ii) bulk cash in the form of U.S. currency with the intent

to evade currency reporting requirements; and (2) did illegally possess firearms and ammunition, in

violation of Title 18, United States Code, Section 922(g)(5)(B). M oreover, in addition to the

outbound smuggling violations, I submit that there is additional probable cause to believe that

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M ENDEZ PALACIOS, with intent to evade a currency reporting requirementunder Title 31, United

States Code, Section 5316, did knowingly conceal more than $10,000 in currency and other

monetary instrum ents on his person and in his conveyances, articles of luggage, merchandise, and

other containers, and did attemptto transport such currency from a place within the United States to

a place outside of the United States, all in violation of Title 3l, United States Code, Section 5332.

FURTHER AFFIANT S TH NAUGHT.

Jared Ri e, Special Agent

Homel d Security Investigations

Sworn to and subscribed before me telephonically this 16th day of August, 2020.

/.

RAN A S. SN O W

U NITED STA TES M A G ISTRATE JUD GE

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