Solicitud Fianza Radames Benitez

Case 3:21-cr-00475-PAD Document 6 Filed 12/09/21 Page 1 of 6
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA

Plaintiff
CRIMINAL NO. 21-475 (PAD)

v.
Radames Benitez-Cardona,
Defendant.
UNITED STATES OF AMERICA’S MOTION REQUESTING

SECURED BOND IN THE AMOUNT OF $50,000.00
For the reasons set forth below, the United States of America, through its
undersigned counsel, respectfully submits that this Honorable Court should set a secured
bond in the amount of $50,000 for defendant Radames Benitez-Cardona.
I. BACKGROUND
On December 8, 2021, a federal grand jury returned a three-count Indictment against
defendant Radames Benitez-Cardona. Benitez-Cardona is the Executive Assistant to the
Mayor of the Municipality of Trujillo Alto.
Count One of the Indictment charges a conspiracy in violation of Title 18 U.S.C.
§ 371. That charge carries a maximum penalty of five years of imprisonment. Count Two
of the indictment charges bribery in violation of Title 18 U.S.C. § 666. That charge carries a
maximum penalty of ten years of imprisonment. Counts Three charges extortion under color
of official right in violation of Title 18 U.S.C. § 1951. That charge carries a maximum
penalty of twenty years of imprisonment.
On December 9, 2021, defendant was arrested by federal authorities. His initial
1
appearance will be scheduled by the Court.
II. ALLEGATIONS IN THE INDICTMENT
According to the allegations in the Indictment, defendant Benitez-Cardona, a
government official and agent of Trujillo Alto, did knowingly and willfully conspire and agree
with Individuals A and B, and with others known and unknown to the Grand Jury, to commit
offenses against the United States, including Federal Program Bribery, that is, to corruptly
solicit, demand, accept, and agree to accept for his own benefit, things of value from
Individuals A and B, intending to be influenced and rewarded in connection with any
business, transaction, and series of transactions of Trujillo Alto valued at $5,000 or more in
each year of the conspiracy as opportunities arose, that is, municipal contracts related to waste
disposal services.
The purpose of the conspiracy was for defendant Benitez-Cardona to benefit and
enrich himself by accepting bribes and kickbacks from Individual A and Individual B in
exchange for securing municipal contracts for Company A as opportunities arose. According
to the allegations, Benitez-Cardona accomplished this by negotiating a bribe and kickback
scheme wherein he would receive $0.75 per house, approximately $17,250.00 for 23,000
houses, monthly kickback to defendant Benitez-Cardona in connection with Trujillo Alto
municipal contract 2018-000004 awarded to Company A. Additionally, Individual B also
gave defendant Benitez-Cardona an up-front payment of approximately $200,000 on behalf
of Individual A to ensure that Company A received the waste disposal contract with the
Municipality of Trujillo Alto.
In exchange for cash payments from Individual A, defendant Benitez-Cardona took
steps benefitting Individual A and his business, Company A, including advising, pressuring,
2
and directing municipal officials to ensure that Company A was awarded municipal
contracts in Trujillo Alto and was paid pursuant to those contracts. During the course of
the conspiracy, Benitez-Cardona, Individual A, and Individual B took steps to conceal and
disguise their corrupt scheme, such as by meeting in secret locations, communicating in
coded text messages, and using cash for bribe and kickback payments.
The Indictment alleges that from in or about June 2017, until in or about July 2021
Benitez-Cardona received and accepted monthly payments of $17,250 from Individual B on
behalf of Individual A. The evidence will show that in exchange for these payments and
others, Benitez-Cardona agreed to award, facilitate, and protect contracts for Company A.
Additionally, Benitez-Cardona continually reassured Individuals A and B that Company A
would obtain and retain contracts and ensured that Company A’s invoices were promptly
paid.
III. DISCUSSION
Under the Bail Reform Act, 18 U.S.C. § 3141-3156, courts may require a defendant's
pre- trial detention if there are no conditions or combination of conditions that will
reasonably assure the appearance of the defendant as required or the safety of the
community. See 18 U.S.C. §§ 3142(b) and 3142(e). "The government must establish risk
of flight by a preponderance of the evidence, and/or dangerousness by clear and
convincing evidence." United States v. Muñiz- Alvarez, No. 15-739, 2015 U.S. Dist. LEXIS
167693, at *3 (D.P.R. Dec. 14, 2015) (internal citations omitted). Certain offenses trigger
a rebuttable presumption that no condition or combination of conditions will reasonably
assure the appearance of the defendant and the safety of the community. See 18 U.S.C. §
3142(e)(1)(2). This case is not one triggering the rebuttable presumption.
3
Title 18 U.S.C. § 3142(g) enumerates various factors that courts must take into
account when assessing whether there are conditions that will reasonably assure the
appearance of the defendant and the safety of the community. These factors include: (1)
the nature and circumstances of the offense; (2) the weight of the evidence; (3) the history
and characteristics of the defendant; and (4) the extent to which the defendant's release
would pose a danger to the community. 18 U.S.C. § 3142(g).
While the Court will consider each of the factors in setting a bond amount for
Benitez-Cardona, the United States will highlight two of the enumerated factors we
submit justify a secured bond amount of $50,000 in this case.
A. Nature and Circumstance of the Offense
Defendant is charged with several acts of official public corruption. The indictment
charges these corrupt acts from in or about June 2017, until in or about July 2021. The
length and seriousness of this conduct, as well as defendant’s breach of public trust,
warrant a substantial bond in this case.
B. Weight of the Evidence
The weight of the evidence is a factor that Congress intended for courts to consider
in deciding whether to grant a defendant bail. See 18 U.S.C. § 3142(g)(2); see also United States
v. Palmer-Contreras, 835 F.2d 15, 17 (1st Cir. 1987) (affirming district court's detention order
that was, in part, based on the fact that "the weight of the evidence against defendants was
great.").
The weight of the evidence in this case supports a finding that defendant should
receive a bond in the amount of $50,000. The evidence in possession of the United States
includes, but is not limited to, the following: a) text messages; b) surveillance photos of
4
bribe payments; c) government contracts; d) invoices for payment on government contracts;
e) witness testimony; f) checks issued by the Municipality of Trujillo Alto in payment for
contractual work; and g) financial documents corroborating the payments. Attached below
are extracts from some of the evidence highlighted above for the Court’s consideration.
Payment made to Benitez-Cardona
Walking into Residence with Payment.
IV. CONCLUSION
For the reasons set forth above, this Court should set bond for defendant in the
amount of $50,000 secured in addition to the standard conditions of release.
I HEREBY CERTIFY that on this date I electronically filed the present motion with
the Clerk of Court using the CM/ECF system which will send notification of such filing to
5
the parties of record.
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 9th day of December, 2021.
W. STEPHEN MULDROW
United States Attorney
s/ Nicholas W. Cannon
Nicholas W. Cannon
Assistant United States Attorney
USDC-PR No. G01814
United States Attorney’s Office
350 Carlos Chardón Avenue, Suite 1201
San Juan, Puerto Rico 00918
Nicholas.Cannon@usdoj.gov
Tel: (787) 282-1804
s/Scott Anderson
Scott Anderson
Assistant U.S. Attorney
USDC-PR No. G00214
Torre Chardón, Suite 1201
350 Carlos Chardón Street
San Juan, Puerto Rico 00918
Tel: (787)766-5656

Solicitud Fianza Radames Benitez

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Case 3:21-cr-00475-PAD Document 6 Filed 12/09/21 Page 1 of 6

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA

CRIMINAL NO. 21-475 (PAD)

UNITED STATES OF AMERICA’S MOTION REQUESTING

bond in the amount of $50,000 for defendant Radames Benitez-Cardona.

On December 8, 2021, a federal grand jury returned a three-count Indictment against

defendant Radames Benitez-Cardona. Benitez-Cardona is the Executive Assistant to the

Mayor of the Municipality of Trujillo Alto.

Count One of the Indictment charges a conspiracy in violation of Title 18 U.S.C.

penalty of twenty years of imprisonment.

On December 9, 2021, defendant was arrested by federal authorities. His initial

appearance will be scheduled by the Court.

II. ALLEGATIONS IN THE INDICTMENT

According to the allegations in the Indictment, defendant Benitez-Cardona, a

Individuals A and B, intending to be influenced and rewarded in connection with any

to the allegations, Benitez-Cardona accomplished this by negotiating a bribe and kickback

houses, monthly kickback to defendant Benitez-Cardona in connection with Trujillo Alto

municipal contract 2018-000004 awarded to Company A. Additionally, Individual B also

gave defendant Benitez-Cardona an up-front payment of approximately $200,000 on behalf

Municipality of Trujillo Alto.

In exchange for cash payments from Individual A, defendant Benitez-Cardona took

disguise their corrupt scheme, such as by meeting in secret locations, communicating in

Benitez-Cardona received and accepted monthly payments of $17,250 from Individual B on

Additionally, Benitez-Cardona continually reassured Individuals A and B that Company A

of flight by a preponderance of the evidence, and/or dangerousness by clear and

a rebuttable presumption that no condition or combination of conditions will reasonably

3142(e)(1)(2). This case is not one triggering the rebuttable presumption.

would pose a danger to the community. 18 U.S.C. § 3142(g).

submit justify a secured bond amount of $50,000 in this case.

A. Nature and Circumstance of the Offense

warrant a substantial bond in this case.

B. Weight of the Evidence

bribe payments; c) government contracts; d) invoices for payment on government contracts;

Payment made to Benitez-Cardona

Walking into Residence with Payment.

amount of $50,000 secured in addition to the standard conditions of release.

the parties of record.

In San Juan, Puerto Rico, this 9th day of December, 2021.

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