UNITED STATES DISTRICT COURT ,',' ' . . ··- .. ' ,.. ... ,·!-.... ',). 

SOUTHERN DISTRICT OF'FLORIDA 

CASE NO. 2--2-- rv[j -3 l/ L{ (- /LI c.A I I ky 

UNITED STAT;E:S- ()F AMERICA_ 

vs. 

Cristian Pena Encarnacion, Ismael Soto Arocho, 

_Jerry Famania Roche, and Angel Garces Castillo,. 

Defendants., 

I -------------------

CRIMINAL COVERSHEET 

1. Did this matter originate from a matter pe)1div.g in the Northem Region of the United Stat¢s 

Attorney's. Office prior to .l\.ugust. ~. 2014 .(Ma!?;: Jud.g~ :shaniek M~yrt1J.rd)? No 

2. Did this matter originate from a matter pending in the Central. Region of'the United States 

Attorney'sOffice priorto October3, 2019 (Mag. Judge Jared Strauss)? No 

BY: 

Respectfully supmittecl~ 

JUAN f\NTbNIOGONZALEZ 

UNITED STATES- ATTORNEY 

Special Assistant United States Afto_rney 

Court ID No. A5502941 

99 Northe.ast4th Street 

Miami, Florida 33'13'.J-211 l 

Tel: 20~~704-$Q39 

Email: Julia.Maloney2@usdoj'.gov 

Case 1:22-mj-03441-CMM Document 1 Entered on FLSD Docket 08/25/2022 Page 1 of 7
AO 91 (Rev. 08/09) Criminal Complaint 

UNITED STATES DISTRICT COURT 

for the 

Southern District of Florida 

United States ofAmerica 

V, 

Cristic,m Pena Encarnacion, Ismael $.pto Arqcho, 

Jen:y Fa mania R9che, and Angel Garces Gas\illo 

Defenda,u(s) 

) 

) 

) 

) 

) 

) 

CRIMINAL COMPLAINT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS 

I, the complainant in. this case, state that the following is true to the best of my knowledge apcl belief. 

On or about the.date(s) of 8/24/2022 in the county of Miami-Dade 

Southern District of Fiorida .. , the defendailt(s.) violated: 

Code Section Offense Description 

21 u.s.c. § 846 Conspiracy to possess with intent to distribut~ a controlled S1Jbstance: 

21 U.S.C. § 841(a)(1} Attempt~d pos~ession with intent te> distribute a controlled substance. 

This criminal complaint is based on these facts: 

SEE ATTACHE0AFFIDAVIT. 

~· Continued on the attached sheet. 

Joseph McKeon,SA HSI 

Printed name a11t, 1111, 

Attested to by tl)e Applicant in accordance with the requirements of Fed . .R.Crim.P. 4.1 by_ Face Time_ 

Date: _g-.;lS::22_ _ Cle.,.._;, YY\ ~' {sir Judge's signature 

in the 

City and state: Miami, Florida Hon; _Chiis. M, M~liley, United States Magistrate .Judge 

Primed name and title 

Case 1:22-mj-03441-CMM Document 1 Entered on FLSD Docket 08/25/2022 Page 2 of 7
AFFIDAVIT IN SUPPORTOF .CRIMINALCOMPLAINT 

I, Joseph McKeon, being duly·sworn, hereby depose and state the followin&: 

INTRODUCTION 

1. I am a Special Agent with U.S. hn:migratiort. and CustomSErifotcement, 

Homeland Security Investigations (HSI}and have been so emplQyed since F~bruary io22. 

As a Special Agent, I am responsible for investigating cross-border crimes. involving 

vJolatforts of1]$. c~stom$ and Immigration laws, inclμding '.fitl.e 21 ·of the Dn:itecl ;States 

Code. 

2. As a law enforcement officerwithitithe.mean:ingof Section 25l0('7}orTitie 

18~_-united States Code, I ani empowered by law to· condt1ct investigatiqns c;>f and_ make 

arrests for, but not limited. to, offenses enumerated in Titles 18, 19, 21, 31 atid 46 of the 

.United State~ Gode. 

3. The information contained in this affidavit is submitted for the sole purpose 

of establishing· probable cause for th.e arrest of-Cristian PENA ENCARNACION, Jerry 

.F AMANIA ROCHE, Ismael SOTO AROCHO, and Angel GARCES CASTILLO for (1) 

attempted possession with intent to distribute a controlied. substance,. that is, 

appro:Xiinately lJ.5:5 · lcilogra.rμs of Qqq1int>,, .irt v,i9latio1;1 of Ti~le 21, United $tate,s Code; 

Sections 84 l(a)(l) and 846? aiid (2) conspiracy to _possess with -intent to disttihute- tlie 

sa;me, a,lso in v'jolatio_rt of Title il, lJ,nitfld States·Code,·Sectio~. 841(a)(.l)apcl 84ti. 

· 4. 'Because this affidavit is being submitted for the limited purpose of 

establishing.jJrobable ·cause, 'i.t d.oes not contain all the ihfomiatiort known·to m:e ancl other 

law enforcemeqt offic~rs invqlved in this- investigation; The facts and infon:nation 

cOn:tained in this affidavit are based on my persortalknowiedge and observa:t10Iis, as well 

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as information received in my official capacity from ,other individuals, including other 

law eilfo_rcemeht officer:s lti'\'.olved_in this investigation. 

PROBABLE CAUSE 

5. On or about A~gust 22, 2022, a Tanzanian-fl11:gg~d cargQ freighter amved 

irt the United 'State~ from Rio Ha,in_a, Pomin}can _Republic. lJpoh. ,arrivaJ, the vessel • . : . '.,< 

anchored offshore of Miami~ Florida pending hightide:for further transit to .the vessel's 

destination up the Miami River. Law enforcement divers conducted a customs inspection. 

-ofthe ves_seLahdthe vessePs hul1 below the waterline whilethe,vess.elrernairted anchored. 

During the inspection, the diyers located an item attached to a- grat~ covering the bow 

thruster propeller on.the port .side of the vessel. 

6. Upon closer inspection, the item was deterinined to be a net filled with 

_brick shap:ed packages. The net was secured to the vessel' with .large carabiners; I~ 

opening was closed with straps, chain, and pad locks. Divers removed the net from the 

vessei _arid brought it to the.surface. Law enforcement agents openedthe het and found 

nine l;>rick:-shaped packages irtsic;le. The packageti contained.a S.tlbsta:]1!Je th,at:fi.eld"testecl 

posi,ive (or cocain:e. Tl_te _packages contained. approxirnately 11. 55,' kilograms of cocaine. 

7. HSI agents repiacedthe packages of cocaine in the·nef with packages of 

sham _nanwti~s. These paqkages were made to clo$ely resenible the packit~es, of:c:ocain_e 

preyiously in the net .. One of ·tq:e pa;ckages -of sj.tap1 μarco_tics als.o -contained a. traclgng 

device. Agents then.reattached the net to. the hull of the vessel in the same location, as 

where it was odginally discovered. 

~- Agents monitored the vess_el ahdobs.eryetl itarrive atthe shipping'terminal 

on-the Miami River at approximately 5:30 PM on August 23, 2022. At approximately 

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1:05 AM·on Wednesday, August 24,.2022, agents noticed a flashlightand a:person in the. 

waternea:rwhere the,net attad:unerit was.secured. After. severaLrriinutes; the person'swain 

along the port :side of the vessel before they were. no lqnger visible~ Apprqxi_mately }5 

minutes later, the tracker hidden in the sham narcotics recorded its first location "p'ing" 

since. being installed below the waterline of the vessel. at the anchorage. The ping 

ide11tified the paclqtge was located along. the south ba~ of the river· approximately 360 

yards :to tlie east of the. ve_sseL Agents responded-to the location a.rid discovered a pair qf 

wet diving fins onthe shore of the .river. 

9. .Shortlythereaftet, the tracker: reported a 1qcatiort ping -appr;o~imately,five 

blocks westofwhereagentslocateq the wet qiyingfins. Agentsre~ponded fo that loc;atiqp, 

which was neartheRadisson Red Hotel located at 340JNW:25th Street? Miami, FL 33142. 

Agents observed four male subjects near a White Ford cargo van in the hotel parking, lQt: 

The van Wl:l.S reversed into a parking stall in the last row along a hedge and fence line 

·abutting a lake connected·tothe Miami River, The subjects were observed interactingwith 

the packa:ges .. of sham narcotics at the rear of the Ford.van. 

10. As additional ·agents ·and task force officers, moveJi towards the area~ the 

subjects appe~red to recogpize that they haci been ~eep, by law e11forcem:ent, Agents 

observed the subjects throw the packages of sham narcotics .into the lake. Three of the 

subjec~-subseqμenti:y· identified as. SOTO ARQd:Fio, F'AivIANIA RQQBE, ~d. 

QA.RCES CA$1]LLO-movedaway from the van and-towards the entrance to the hotel 

parking lot, where they were apprehended. One subject-subsequently identified as 

PEN A ENCARNACION-jumped the fence and attempted to flee the. area but Was also 

apprehended, PENA ENCARNACION was wearing_ .black djving boqts when 

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Case 1:22-mj-03441-CMM Document 1 Entered on FLSD Docket 08/25/2022 Page 5 of 7
apprehended.-

11. After encountering the subjects, agents swept the Ford- van. In the rear 

-carg9 are~ of tμe yap., :;i,ge11ts observed tlie :net that h<lci ~reyigqsly h_eld_ ihe cq9aine -and 

sham narcotics, wrappings which the agents recognized previously contained the sham 

narcotics, a scuba tank, and other scuba equipment. 

12. A:review of security -cam:er~s from the hotel iderttifjed the four subjects 

aviving and departing-the hotel together a,nd the white Ford cargo Will and aLe:irus se~a11 

with a North Carolina license plate arriving;at the hotel at' similar times. The-Lexus sedanis i;egistered to the mother ofSOTO AROCHO's-child. The Ford van is also registered in 

. North Carolina. 

CONCLUSION 

13. Based_ on the forgoing< Iresp.ectfully submit that there is probable cause to 

beljeve that qn or about August 24, -2022, Cristian. ~PENA ENQAR,NAClON, Jerry 

FA.MANIA ROCHE; Ismael SOTO AROCHO; and Angel GARCES. CASTILLO 

knowingly and willfuUy conspired to possess cocaine with the. iriterit to disfrifrute it to 

another person, in violation of Title: 21, United States Code, Sections 841(a)(l}atid 846, 

and atlemptedt~ f')S'-!IBe'SS coettmev1AA1:be ~eat t@ 0istrib~ it teaH:~hei pe1s01~ 

-vioiation ofTitlezl, Un~es Cod~i0ftS 841(aj{l}aud Mi---

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and attempted to po$sess cocaine with the intent to distribute it to another person, also in 

violation of Title 21. United States Code~ Sections 841 (a)( I) ·and 846. 

~KEoN· 

SPECIAL AGENT 

HOMELAND SECUIUJY INVESTIGATIONS 

Attes.ted to by·th. e a%c~ in ..· accordance with the requirements of F ed.R.Crim.P. 4.1 

by Face Time this ,., dayof August 2022. 

HO~ri°c~~Jv~ 

UNITED STATES MAGISTRA'tE JU~ 

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