Moisés Humberto Rivera Luna

Case 1:10-cr-00256 Document 101 Filed 11/01/11 Page 1 of 42
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
Holding a Criminal Term
Grand Jury Sworn in on November 12, 2010
UNITED STATES OF AMERICA : CRIMINAL CASE NO. 10-256 (RMC)

:
v. : GRAND JURY ORIGINAL
:
OMAR R. AGUILAR, :
also known as Omar Rivera-Aguilar, : VIOLATIONS:
also known as Flaco, :
also known as Flaco from Fulton, : 18 United States Code, § 1962(d)
WILFREDO MEJIA, : RICO Conspiracy
also known as Freddie, : 18 United States Code, §§ 1959(a)(1)
also known as Majestic, : (Kidnaping in Aid of Racketeering)
MICHELLE NICOLE RIOS, : (Murder in Aid of Racketeering)
also known as La Licensiada, : 18 United States Code, §§ 1959(a)(3)
HECTOR DIAZ-FLORES, : (Assault with a Deadly Weapon in
also known as Littleman, : Aid of Racketeering)
MANUEL ANTONIO SARAVIA, : 18 United States Code, §§ 924(c)(1)(A)
also known as Cholo, : (Possession of a Firearm During and In
NOE MACHADO-ERAZO, : Relation to a Crime of Violence)
also known as Gallo, : 18 United States Code, § 2
JOSE MARTINEZ-AMAYA, : (Aiding and Abetting)
also known as Crimen, : 22 D.C. Code, §§ 2801, 4502 (2001 ed.)
RUDY MARTINEZ, : (Armed Robbery)
also known as Rudis Castro-Martinez, : 22 D.C. Code, §§ 2001, 4502 (2001 ed.)
also known as Krypta, : (Kidnaping While Armed)
also known as Luis Garcia, : 22 D.C. Code, §§ 2101, 4502 (2007 ed.)
MARIO LOPEZ-RAMIREZ, : (First Degree Murder While Armed,
also known as Pava, : Premeditated)
WILLIAM SARAVIA-BENITEZ, : 22 D.C. Code, §§ 801(a), 4502 (2001 ed.)
also known as Shady, : (First Degree Burglary While Armed)
also known as Hechicero, :
MOISES HUMBERTO RIVERA-LUNA :
also known as Santos, :
also known as Viejo Santos, :
DENNIS L. GIL-BERNARDEZ, :
also known as Pando, :
also known as Dopre, :
TOKIRO RODAS-RAMIREZ :
also known as Johnny, :
also known as Perverso, :
MARVIN GEOVANNY :
MONTERROSA-LARIOS :
also known as Enano, :
JUAN MELGAR-HERNANDEZ :
also known as Triste, :
HENRY DIAZ-ANTUNUEZ, :
also known as Stewie, :
also known as Stuvi :
Defendants. :
INDICTMENT
The Grand Jury charges that:
COUNT ONE
Introduction
1. La Mara Salvatrucha, also known as the MS-13 gang (hereafter “MS-13”), is a gang
composed primarily of immigrants or descendants of immigrants from El Salvador, with members
operating throughout the United States, including within the District of Columbia. The name “Mara
Salvatrucha” is a combination of several slang terms. The word “Mara” is the term used in El
Salvador for “gang.” The phrase “Salvatrucha” is a combination of the words “Salva,” which is an
abbreviation for “Salvadoran,” and “trucha,” which is a slang term for the warning “fear us,” “look
out,” or “heads up.”
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2. In the United States, MS-13 originated in Los Angeles, California, where, among
other things, MS-13 members engaged in turf wars for the control of drug distribution locations.
MS-13 quickly spread to states across the country, including Virginia, Maryland, Tennessee, North
Carolina, and the District of Columbia.
3. MS-13 is a national and international criminal organization with over 10,000
members regularly conducting gang activities in at least twenty states and the District of Columbia,
as well as in Mexico, Honduras, Guatemala, and El Salvador. MS-13 is one of the largest street
gangs in the United States. Gang members actively recruit members, including juveniles, from
communities with a large number of immigrants from El Salvador. Members, however, can also
have ethnic heritage from other Central American countries. In the United States, MS-13 has been
functioning since at least the 1980s.
4. At all times relevant to this Indictment, in order to join MS-13, members were
required to complete an initiation process, often referred to as being “jumped in” or “beat in” to the
gang. During that initiation, other members of MS-13 would beat the new member, usually until a
gang member finishes counting aloud to thirteen.
5. At all times relevant to this Indictment, some members of MS-13 signified their
membership by wearing tattoos reading “MARA SALVATRUCHA,” “MS,” “MS-13,” or similar
slogans, often written in Gothic lettering. The gang colors of MS-13 are blue, black, and white, and
members often wear clothing of these colors bearing the number “13,” or with numbers that, when
added together, totaled 13, such as “76.” Also, MS-13 members from time to time marked their
territory or signified their presence through the use of graffiti with the words “MS” or other
identifying slogans. More recently, some MS-13 members have more discreetly and less publicly
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signified their membership by hiding and avoiding such clothing and tattoos in order to avoid
detection by law enforcement. MS-13 members refer to one another by their gang names or other
nicknames and may not know fellow gang members except by these gang names.
6. At all times relevant to the Indictment, members of MS-13 were expected to protect
the name, reputation, and status of the gang from rival gang members and other persons. MS-13
members required that all individuals should show respect and deference to the gang and its
membership. To protect the gang and to enhance its reputation, MS-13 members were expected to
use any means necessary to force respect from those who show disrespect, including acts of
intimidation and violence. MS-13’s creed is exemplified by one of its mottos, “Mata, roba, viola,
controlla,” which translates in sum and substance to, “Kill, steal, rape, control.”
7. At all times relevant to this Indictment, members of MS-13 engaged in criminal
activity, including murders, attempted murders, narcotics distribution, assaults, robberies, extortions,
stealing vehicles, and obstructing justice in the form of threatening and intimidating witnesses that
they believed to be cooperating with law enforcement. MS-13 members were required to commit
acts of violence to maintain membership and discipline within the gang, including violence against
rival gang members or those they perceived to be rival gang members, as well as MS-13 members
and associates who violated the gang’s rules. As a result of MS-13’s frequent use of violence,
innocent persons were often injured or killed. Participation in criminal activity by an MS-13
member, particularly violent acts directed at rival gang members or as ordered by the gang
leadership, increased the level of respect accorded that member, resulting in that member
maintaining or increasing his position in the gang, and possibly resulting in recognition as a leader.
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8. At all times relevant to this Indictment, MS-13 was organized in the District of
Columbia and elsewhere in “cliques,” that is, smaller groups operating in a specific city or region.
MS-13 cliques sometimes worked together cooperatively to engage in criminal activity and to assist
one another in avoiding detection by law enforcement. The cliques operated under the umbrella
rules of MS-13. In the District of Columbia and surrounding metropolitan jurisdictions, these
cliques included Sailors (SLSW), Normandy (NLS), Peajes, Western (WLS), Uniones (ULS), and
Fultons. The principal, although not the only, rivals to MS-13 in the District of Columbia and
surrounding jurisdictions are 18th Street, STC and the Mara R gangs. One of the principal rules of
MS-13 is that its members must attack and kill rivals whenever possible.
9. At all times relevant to this Indictment, MS-13 members attended meetings together
on a regular basis. Within the Washington, D.C. metropolitan area, specific cliques have banded
together under an initiative from El Salvador called “The Program.” Each program is usually
designated by its geographic area. However, in the District of Columbia the collaborative cliques
call themselves “La Hermandad” (meaning “The Brotherhood”). The leaders of each clique meet
as representatives of La Hermandad to discuss gang rules and gang business, to resolve problems or
issues involving the cliques, and to unite gang members. Specific issues may include among other
things: gang organizational issues; illegal activity conducted on behalf of MS-13; acts of violence
committed by MS-13 members against rival gang members and others; law enforcement activity
against MS-13 members; and purging the gang of those suspected of cooperating with law
enforcement.
10. The leaders of individual MS-13 cliques are typically called “shot callers” or “La
Palabra.” Above the “shot callers” are MS-13 leaders, often referred to as the “big homies,” some
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of whom are incarcerated in El Salvador, who convey their orders through, among other means, the
use of telephones. The leaders of MS-13 resolve disputes between gang members, address
organizational issues, and participate in significant gang decisions such as whether to assault or
murder gang members, associates, and other individuals suspected of cooperating with law
enforcement. When such a decision is made to assault or murder gang members, associates, and
other individuals suspected of cooperating with law enforcement or to otherwise discipline an MS-13
member, there is said to be a “green light” on that gang member, associate, or other individual.
11. At all times relevant to this Indictment, MS-13 members paid dues that were collected
at gang meetings. MS-13 members collected dues for the benefit of, and to be provided to, MS-13
gang members who were imprisoned in the United States, in El Salvador, and elsewhere. On more
than one occasion, MS-13 members in La Hermandad transferred funds to MS-13 members
incarcerated in prison in El Salvador. MS-13 members also collected dues to buy firearms to be used
in the conduct of MS-13’s affairs and other illegal activities.
12. At all times relevant to this Indictment, MS-13 members communicated about gang
activities with other MS-13 members in the District of Columbia and elsewhere using mobile
telephones, telephone text messages, notes or “kites,” and other modes of communication.
Additionally, MS-13 members used transnational and international money wire transfers to conduct
and promote gang activities.
The Racketeering Enterprise
13. MS-13, including its leadership, members and associates, in the District of Columbia,
Maryland, El Salvador, and elsewhere, constituted an “enterprise” as defined in Title 18, United
States Code, Section 1961(4) [hereinafter “the enterprise”] that is, a group of individuals associated
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in fact. The enterprise constituted an ongoing organization whose members functioned as a
continuing unit that had a common purpose of achieving the objectives of the enterprise. This
enterprise was engaged in, and its activities affected, interstate and foreign commerce.
Purposes of the Enterprise
14. The purposes of the MS-13 enterprise included the following:
a. Preserving and protecting the power, territory, reputation, and profits of the
enterprise through the use of intimidation, violence, threats of violence, assaults, and murder;
b. Promoting and enhancing the enterprise and the activities of its members and
associates by committing crimes, including, but not limited to, murder, attempted murder, narcotics
trafficking, theft of vehicles, robberies, extortion, human smuggling, and other criminal activities;
c. Keeping victims, potential victims, and community members in fear of the
enterprise and its members and associates through violence and threats of violence;
d. Providing financial support and information to MS-13 members, including
those incarcerated in the United States and El Salvador; and
e. Providing assistance to other MS-13 members who committed crimes for and
on behalf of the gang, to hinder, obstruct, and prevent law enforcement officers from identifying the
offenders, apprehending the offenders, and successfully prosecuting and punishing the offenders.
15. The defendants, who encompass some of the membership and the leadership of MS-
13, acted individually, with each other, with other members known and unknown to the Grand Jury,
and also with non-member MS-13 associates in the commission of racketeering activities and other
criminal conduct.
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16. Beginning on a date unknown to the Grand Jury but since at least the late 1990s, and
continuing up through and including the present, in the District of Columbia, the District of
Maryland, and elsewhere, WILFREDO MEJIA, also known as Freddie, also known as Majestic,
MICHELLE NICOLE RIOS, also known as La Licensiada, MANUEL SARAVIA, also known
as Cholo, also known as Mecia, NOE MACHADO-ERAZO, also known as Gallo, RUDIS
CASTRO-MARTINEZ, also known as Rudy Martinez, also known as Krypta, also known as Luis
Garcia, MARIO LOPEZ RAMIREZ, also known as Pava, JOSE MARTINEZ, also known as
Crimen, WILLIAM SARAVIA BENITEZ, also known as Shady, also known as Hechicero,
MOISES HUMBERTO RIVERA-LUNA, also known as Santos, also known as Viejo Santos,
DENNIS L. GIL-BERNARDEZ, also known as Pando, also known as Dopre, TOKIRO RODAS-
RAMIREZ, also known as Johnny, also known as Perverso, MARVIN GEOVANNY
MONTERROSA-LARIOS, also known as Enano, JUAN MELGAR-HERNANDEZ, also known
as Triste, together with others known and unknown, each being a person employed by and associated
with MS-13, an enterprise which engaged in, and the activities of which affected, interstate and
foreign commerce, unlawfully, knowingly, and intentionally did conspire to violate Title 18, United
States Code, Section 1962(c), that is to conduct and participate, directly and indirectly, in the
conduct of the affairs of the MS-13 enterprise through a pattern of racketeering activity, as defined
in Title 18, United States Code, Sections 1961(1) and (5), which pattern of racketeering activity
consisted of multiple acts involving offenses chargeable under the following provisions of District
of Columbia and Maryland law:
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a. Murder, in violation of 22 District of Columbia Code, §§ 2101 and 2103, and in
violation of Maryland Code Criminal Law §§ 2-201, 2-204, 2-205, 2-206 and the Common Law of
Maryland and ;
b. Robbery in violation of 22 District of Columbia Code, § 2801 and in violation of
Maryland Code, Criminal Law §§ 3-402 and 3-403 and the Common Law of Maryland;
c. Extortion, in violation of 22 District of Columbia Code, § 3251, and Maryland Code,
Criminal Law §§ 3-701, 3-705, and the Common Law of Maryland;
and multiple acts involving the following provisions of federal narcotics law:
d. Sections 841(a)(1) and 846 of Title 21, United States Code;
and multiple acts indictable under the following provisions of federal law:
e. 18 U.S.C. § 1512 (Witnesses Retaliation/Tampering);
f. 18 U.S.C. § 1503 (Obstruction of Justice);
17. It was part of the conspiracy that each defendant agreed that a conspirator would
commit at least two acts of racketeering activity in the conduct of the affairs of the enterprise.
Manner and Means of the Conspiracy
18. It was part of the manner and means of the conspiracy that the defendants, as gang
members of MS-13, were required to have and did have regular meetings with other MS-13 gang
members to discuss, among other things: the structure and organization of the gang; past criminal
acts committed against rival gang members and others; MS-13 members who were arrested or
incarcerated; the disciplining of MS-13 members; police interactions with MS-13 members; the
identities of gang members and gang associates suspected of cooperating with law enforcement and
the proposed actions to be taken against such members and associates; plans and agreements
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regarding the commission of future crimes, including murder, extortion, narcotics distribution,
robbery, illegal possession of firearms, and assault, as well as ways to conceal these crimes; and the
enforcement of gang rules.
19. It was further part of the manner and means of the conspiracy that the defendants and
other members and associates of MS-13 agreed to purchase, maintain, and circulate a collection of
firearms for use in criminal activity by MS-13 members.
other members and associates of MS-13 agreed that acts of violence, including murder, attempted
murder, and assault, would be committed by members and associates of MS-13 against rival gang
members and others when it suited the enterprise’s purposes. MS-13 members also used violence
to impose discipline within the gang.
other members and associates of MS-13 agreed to distribute narcotics, to use the telephone to
facilitate narcotics distribution, to commit robbery, extortion, and other crimes, and to conceal their
criminal activities by obstructing justice, threatening or intimidating witnesses, and other means.
Overt Acts
22. In furtherance of the racketeering conspiracy and to effect the objectives thereof, the
defendants and their co-conspirators committed and caused to be committed the following overt
acts, among others, on or about the following dates in the District of Columbia, the District of
Maryland and elsewhere:
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a. On or about April 7, 2008, in the District of Columbia, DENNIS L. GIL-
BERNARDEZ also known as Pando also known as Dopre and TOKIRO RODAS-RAMIREZ also
known as Johnny also known as Perverso shot a person they believed to be a rival gang member.
b. On or about May 19, 2008, RUDI CASTRO-MARTINEZ, also known as Rudy
Martinez, also known as Krypta, also known as Luis Garcia, and other individuals known to the
Grand Jury stabbed a person.
c. On or about July 2008, MICHELLE NICOLE RIOS, also known as La Licensiada,
sent money intended for an MS-13 leader in El Salvador via Western Union to Domatila de la Paz
Portillo-Ramos in El Salvador.
d. On or about July 29, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,
also known as Dopre, and TOKIRO RODAS-RAMIREZ, also known as Johnny, also known as
Perverso, along with other MS-13 members known to the Grand Jury, and while in possession of
firearms, hunted for a rival gang member in Riverdale, Maryland.
e. On or about July 29, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,
also known as Dopre, and TOKIRO RODAS-RAMIREZ, also known as Johnny also known as
Perverso, shot and killed a person in Riverdale, Maryland.
f. On or about Aug 3, 2008, a juvenile gang member sent money intended for an MS-13
leader in El Salvador via Western Union to Domatila de la Paz Portillo-Ramos in El Salvador.
g. On or about September 14, 2008, in Riverdale, Maryland, MS-13 gang members,
known and unknown to the Grand Jury, including TOKIRO RODAS-RAMIREZ, also known as
Johnny, also known as Perverso, led by DENNIS L. GIL-BERNARDEZ, also known as Pando, also
known as Dopre, held a meeting to discuss MS-13 gang business and initiate new members into the
gang.
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h. On or about October 6, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,
also known as Dopre shot three persons in Reston, Virginia.
i. Between on or about the summer of 2008 through November 6, 2008, from a jail
in El Salvador, MOISES HUMBERTO RIVERA-LUNA, also known as Santos, also known as Viejo
Santos, issued and conveyed through DENNIS L. GIL-BERNARDEZ also known as Pando, also
known as Dopre, a greenlight which ordered the murder of Louis Alberto Membreno-Zelaya, also
known as “El Brujo”. GIL-BERNARDEZ subsequently ordered the greenlight to cliques in the
Washington, D.C. metropolitan area.
j. On or about November 6, 2008, in the District of Columbia persons whose identity
is known to the Grand Jury stabbed and killed Louis Alberto Membreno-Zelaya, also known as “El
Brujo” in accordance with the greenlight which had been issued by RIVERA-LUNA and GIL-
BERNARDEZ.
k. On or about December 12, 2008, in Washington, D.C., HECTOR DIAZ-FLORES,
also known as “Littleman,” along with a juvenile gang member and others known and unknown
participated in the assault and stabbing of Giovanni Sanchez, who subsequently died.
l. On or about January 20, 2009, MICHELLE NICOLE RIOS, MARIO LOPEZ-
RAMIREZ, NOE MACHADO-ERAZO, and others known and unknown attended a meeting at
which at least one person was initiated into the gang.
m. Between or about March 2009 and July 2009, MICHELLE NICOLE RIOS, JOSE
MARTINEZ, MARIO LOPEZ-RAMIREZ, and others participated in a beating administered as
discipline by MS-13 to a gang member.
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n. On or about Jan. 19, 2009, MICHELLE NICOLE RIOS sent $40 intended for an MS-
13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.
o. On or about February 18, 2009, MICHELLE NICOLE RIOS sent $50 intended for
an MS-13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.
p. On or about March 8, 2009, in the Eastern District of Virginia, a juvenile gang
member participated in an assault of another juvenile.
q. On or about March 9, 2009, MICHELLE NICOLE RIOS sent $200 intended for an
MS-13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.
r. Between on or about June 2009 and September 2009, NOE MACHADO-ERAZO
ordered a beating of MICHELLE NICOLE RIOS due to suspicion of cooperation with law
enforcement.
s. Between on or about June 2009 and on or about December 2009, WILFREDO
MEJIA led MS-13 meetings in which he encouraged members to extort money from various
businesses.
t. Between on or about June 2009 and on or about December 2009, WILFREDO MEJIA
directed new recruits to MS-13, also known as paisas, to commit robberies of certain businesses.
u. Between on or about June 2009 and on or about December 2009, WILFREDO MEJIA
told a paisa that he had to kill a chavala to earn the “MS’ letters as a tattoo.
v. On or about July 31, 2009, RUDIS CASTRO-MARTINEZ and another person in the
District of Columbia stabbed two persons.
w. In or about the summer of 2009, WILFREDO MEJIA, along with other MS-13
members and associates, attacked two persons believed to be rival gang members.
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x. On or about October 15, 2009, in the District of Maryland, MS-13 members including
MANUEL SARAVIA also known as Cholo assaulted individuals near a nightclub.
y. On or about October 17, 2009, in the District of Maryland, MS-13 members including
LOPEZ-RAMIREZ and JOSE MARTINEZ participated in an assault on a person they believed to
be a rival gang member.
z. On or about November 17, 2009, in Silver Spring, Maryland, an MS-13 member sold
cocaine to a Montgomery County police officer acting in an undercover capacity.
aa. On or about November 28, 2009, an MS13 meeting was held in the District of
Maryland, and attended by MARIO LOPEZ-RAMIREZ, JOSE MARTINEZ and others.
bb. On or about December 6, 2009, a co-conspirator known to the Grand Jury spoke to
an MS-13 member in another city who advised him of violent activity by MS-13 members in that
city.
cc. On or about December 9, 2009, in the District of Columbia MARIO LOPEZ
RAMIREZ, also known as Pava, and MANUEL SARAVIA, also known as Cholo, shot a person .
dd. On or about December 9, 2009, NOE MACHADO-ERAZO agreed to assist in hiding
another MS-13 member who had been involved in a shooting.
ee. On or about December 11, 2009, WILFREDO MEJIA also known as Majestic,
OMAR R. AGUILAR, also known as Flaco from Fulton, and others known to the Grand Jury
planned to rob persons located at a residence on Taylor Street in Washington, D.C., in order to
intimidate them into providing future extortion payments.
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ff. Between December 11, 2009, and April 2010, HENRY SARBA called the victims
of the Taylor Street robbery and threatened them with harm if they testified against the MS-13
members who were arrested.
gg. On or about December 22, 2009, in Silver Spring, Maryland, an MS-13 member sold
cocaine to a Montgomery County Police Officer acting in an undercover capacity.
hh. On or about December 28, 2009, MANUEL SARAVIA sent $40 intended for an MS-
13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.
ii. In or about the latter part of 2009, at the direction of MOISES HUMBERTO
RIVERA-LUNA, also known as Santos, also known as Viejo Santos, MARVIN GEOVANNY
MONTERROSA-LARIOS, also known as Enano, and an unidentified person, each of whom was
incarcerated in El Salvador and participated by telephone in a meeting which was also attended by
NOE MACHADO-ERAZO, representing the Normandy clique, JUAN MELGAR-HERNANDEZ,
representing the Uniones clique, an unidentified representative of the Western clique, and others
known and unknown to the Grand Jury, and during that meeting it was agreed and directed that a
coalition of cliques, known as a Program, would be formed and called La Hermandad.
jj. In or about the latter part of 2009 or early 2010, MARVIN GEOVANNY
MONTERROSA-LARIOS and MOISES HUMBERTO RIVERA-LUNA, advised La Hermandad
members that one of the purposes of La Hermandad was to investigate persons in other cliques who
were suspected of talking to law enforcement, and kill them if they were found to be cooperating.
kk. On or about January 5, 2010, in Silver Spring, Maryland, an MS-13 member sold
cocaine to a Montgomery County Police Officer acting in an undercover capacity.
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ll. On or about January 9, 2010, JUAN MELGAR-HERNANDEZ told an unknown
person that he would call MARVIN GEOVANNY MONTERROSA-LARIOS to help with killing
a person in El Salvador.
mm. On or about January 10, 2010 , a co-conspirator known to the Grand Jury asked an
MS-13 member in another city for assistance in smuggling some persons, including at least one MS-
13 member, into the United States
nn. On or about January 13, 2010, in Silver Spring, Maryland, an MS-13 gang member
sold cocaine to a Montgomery County Police Officer acting in an undercover capacity.
oo. During in or about January, 2010, JUAN MELGAR-HERNANDEZ and MARVIN
GEOVANNY MONTERROSA-LARIOS, along with others unknown to the Grand Jury attempted
to locate a house in El Salvador which could be used to hide from the police unknown MS-13
members who had arrest warrants.
pp. On or about January 14, 2010, NOE MACHADO-ERAZO engaged in a conversation
with a co-conspirator known to the Grand Jury in which they discussed other MS-13 members being
arrested in possession of a gun.
qq. On or about January 15, 2010, WILLIAM SARAVIA-BENITEZ agreed to go to
Houston to teach clique leaders there how to run an MS-13 clique.
rr. On or about January 29, 2010, in Silver Spring, Maryland, an MS-13 gang member
sold cocaine to a Montgomery County Police Officer acting in an undercover capacity.
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ss. On or about February 4, 2010, a co-conspirator known to the Grand Jury engaged in
a conversation with a clique member in another city at which time the co-conspirator known to the
Grand Jury advised that NOE MACHADO-ERAZO and MANUEL SARAVIA would come to that
city to help organize an MS-13 clique and they would bring a firearm.
tt. On or about February 20, 2010, an MS-13 meeting was held in the District of
Maryland at which time an MOISES HUMBERTO RIVERA-LUNA, an El Salvador leader, spoke
to the membership via NOE MACHADO-ERAZO’s cell phone.
uu. On or about February 20, 2010, an MS-13 meeting was held at which time it was
discussed sending NOE MACHADO-ERAZO and MANUEL SARAVIA to another city to assist
in organizing an MS-13 clique.
vv. Between on or about December 2008 and March 2010, WILLIAM SARAVIA-
BENITEZ participated in a disciplinary beating of a gang member who had failed to share with his
clique his profits from directing prostitution activities.
ww. On or about March 1, 2010, MOISES HUMBERTO RIVERA-LUNA participated
in a three-way telephone conversation with a person known to the Grand Jury located in the
Washington metropolitan area and an unindicted co-conspirator located in a city in another state.
During that conversation RIVERA-LUNA advised that later that day he was participating in a
meeting with Maryland, New York, and Los Angeles. RIVERA-LUNA said that it was important
for members of the Normandy clique in the Washington, D.C. area to go to the other city to make
sure the members of the Normandy clique there are following the clique’s guidelines, to show the
members of the Normandy clique in the other city how to run things, and to accompany members
of the Normandy clique in the other city to search for and assault rival gang members.
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xx. On or about March 4, 2010, MANUEL SARAVIA sent $350 intended for an MS-13
leader in El Salvador via Western Union to Julia Abarca in El Salvador.
yy. On or about March 6, 2010, in Silver Spring, Maryland, an MS-13 meeting was held,
which was attended by MANUEL SARAVIA, NOE MACHADO-ERAZO and others, and during
which MANUEL SARAVIA and NOE MACHADO-ERAZO discussed the proper method of
jumping-in, or initiating, a new member
zz. On or about March 6 2010, a co-conspirator known to the Grand Jury led an MS-13
meeting in the District of Maryland and urged the attendees to commit crimes on behalf of the gang.
aaa. Beginning at least on or about November 2009 and continuing at least through on or
about March 31, 2010, JUAN MELGAR-HERNANDEZ did conspire with other members of MS-13
known and unknown to the Grand Jury, as well as other persons, to distribute cocaine.
bbb. On or about March 7, 2010, JUAN MELGAR-HERNANDEZ did distribute a
quantity of cocaine to another MS-13 member known to the Grand Jury for further distribution and
sale.
ccc. On or about March 7, 2010, a co-conspirator known to the Grand Jury spoke on the
telephone to seek the advice of MOISES HUMBERTO RIVERA-LUNA, an MS-13 leader
incarcerated in El Salvador, regarding the behavior of Felipe Leonardo Enriquez also known as
Zombie at an MS-13 clique meeting.
ddd. On or about March 7, 2010, MOISES HUMBERTO RIVERA-LUNA, an MS-13
leader in El Salvador, directed a co-conspirator known to the Grand Jury to kill a rival gang member
in order to earn the respect of his clique.
18
eee. On or about March 9, 2010, in Silver Spring, Maryland, an MS-13 member possessed
cocaine for the purpose of distribution.
fff. On or about March 9, 2010, MOISES HUMBERTO RIVERA-LUNA and NOE
MACHADO-ERAZO spoke over a cellular telephone to discuss the agenda of an impending
meeting. RIVERA-LUNA then addressed the attendees of the meeting via speaker phone telling
them, among other topics, the purpose of La Mara meetings and that if a member has a disrespectful
attitude at a clique meeting the member should be punished.
ggg. On or about March 10, 2010, an MS-13 leader in El Salvador ordered a co-conspirator
known to the Grand Jury to find someone else within MS-13 to sell drugs for the gang because of
the arrest of an MS-13 member who had been selling drugs.
hhh. On or about March 10, 2010, WILLIAM SARAVIA-BENITEZ told another gang
member he wanted to become a more active gang member and kill people.
iii. On or about March 11, 2010, WILLIAM SARAVIA-BENITEZ attempted to raise
money to post as bond for an incarcerated MS-13 member.
jjj. On or about March 14, 2010, MARVIN GEOVANNY MONTERROSA-LARIOS
and JUAN MELGAR-HERNANDEZ engaged in a telephone conversation concerning the arrest of
several MS-13 members and associates, who were selling cocaine on behalf of MS-13, and
MONTERROSA-LARIOS provided advice to MELGAR-HERNANDEZ about how to direct and
operate a better drug distribution business.
kkk. On or about March 14, 2010, MARVIN GEOVANNY MONTERROSA-LARIOS,
while incarcerated in El Salvador, suggested to other gang members to do a robbery in order to
obtain money.
19
lll. On or about March 14, 2010, MARVIN GEOVANNY MONTERROSA-LARIOS,
with the agreement of JUAN MELGAR-HERNANDEZ, cautioned other gang members that a
certain person could not be killed until he is investigated and until the gang is certain the
neighborhood is supporting them in killing the person.
mmm. On or about March 16, 2010, a co-conspirator known to the Grand Jury in Falls
Church, Virginia was in possession of a gun.
nnn. On or about March 19, 2010, at an MS-13 meeting at the home of MANUEL
SARAVIA in Silver Spring, Maryland, MOISES HUMBERTO RIVERA-LUNA, an MS-13 leader
in El Salvador, spoke to the membership by cell phone and appointed MANUEL SARAVIA and
JOSE MARTINEZ-AMAYA as leaders of the Normandy clique.
ooo. On or about March 19, 2010, at an MS-13 meeting at the home of MANUEL
SARAVIA in Silver Spring, Maryland, RIVERA-LUNA ordered SARAVIA to investigate whether
a co-conspirator known to the Grand Jury was cooperating.
ppp. On or about March 19, 2010, at an MS-13 meeting at the home of MANUAL
SARAVIA in Silver Spring, Maryland, MOISES HUMBERTO RIVERA-LUNA told the clique he
had learned from an MS-13 member in Guatemala that Felipe Leonardo Enriquez, also known as
Zombie, had an unauthorized tattoo, that is, he had placed a “X” over his MS-13 tattoo. RIVERA-
LUNA ordered the clique to determine whether Enriquez had the unauthorized tattoo, and, if so, to
kill him.
qqq. On or about March 20, 2010, MANUEL SARAVIA sent $50 intended for an MS-13
member in El Salvador via Western Union to Julia Abarca in El Salvador.
20
rrr. On or about March 23, 2010, MARVIN GEOVANNY MONTERROSA-LARIOS
and JUAN MELGAR-HERNANDEZ discussed MELGAR-HERNANDEZ obtaining money to
allow MONTERROSA-LARIOS access to a cellular telephone in prison in El Salvador so that
MONTERROSA-LARIOS can monitor the gang’s activities outside the prison.
sss. On or about March 27, 2010, JUAN MELGAR-HERNANDEZ had a telephone
conversation with a member of MS-13 known to the Grand Jury, who was selling cocaine on behalf
of MS-13, concerning that cocaine trafficking.
ttt. On or about March 27, 2010, JUAN MELGAR-HERNANDEZ did distribute cocaine
to a member of MS-13 known to the Grand Jury for further distribution and sale.
uuu. On or about March 31, 2010 in the District of Maryland MANUEL SARAVIA, NOE
MACHADO-ERAZO and JOSE MARTINEZ-AMAYA, upon the authorization of MOISES
HUMBERTO RIVERA-LUNA, killed Felipe Leonardo Enriquez also known as Zombie.
vvv. On or about April 18, 2010, MANUEL SARAVIA advised MOISES HUMBERTO
RIVERA-LUNA, an MS-13 leader in El Salvador that he had killed chavalas rival gang members.
www. On or about April 23, 2010, MANUEL SARAVIA attended an MS-13 meeting and
discussed extorting a deported gang member who had recently returned to the United States.
xxx. On or about May 30, 2010, MANUEL SARAVIA, MICHELLE NICOLE RIOS, and
others attended an MS-13 meeting.
yyy. On or about May 30, 2010, MANUEL SARAVIA and MICHELLE NICOLE RIOS
searched for rival gang members to kill.
21
zzz. Between on or about April 16, 2010, and June 2010, a woman in North Carolina
received phone calls from MICHELLE NICOLE RIOS and an unknown male, both of whom
threatened to have her harmed by MS 13 members.
aaaa. On or about June 10, 2010 while armed with a gun, RUDI CASTRO-MARTINEZ,
also known as Rudy Martinez, also known as Krypta, also known as Luis Garcia, and others known
to the Grand Jury assaulted a rival gang member.
bbbb. On or about July 10, 2010 MANUEL SARAVIA threatened a person by phone.
cccc. On or about October 10, 2010, MANUEL SARAVIA, MICHELLE NICOLE RIOS
and others attended an MS-13 meeting in Washington, D.C.
dddd. On or about October 18, 2010, WILLIAM SARAVIA-BENITEZ participated in a
disciplinary beating of another gang member.
eeee. On or about November 6, 2010, MANUEL SARAVIA and MICHELLE NICOLE
RIOS drove to an MS-13 meeting at the Econolodge in Takoma Park, Maryland.
ffff. On or about December 31, 2010, MANUEL SARAVIA, MICHELLE NICOLE RIOS,
WILLIAM SARAVIA-BENITEZ and others known and unknown assaulted and robbed an
individual in Montgomery County, Maryland.
(RICO Conspiracy, in violation of Title 18, United States Code, Section 1962(d))
COUNT TWO
23. Beginning on a date unknown to the Grand Jury but since at least the late 1990s, and
continuing up through and including the present, in the District of Columbia, the District of
Maryland, and elsewhere, and continuing through and including on or about the date of the return
of this indictment, both dates being approximate and inclusive, the MS-13, as more fully described
22
in Paragraphs 1 through 14 of Count One, which are realleged and incorporated by reference as if
fully set forth herein, constituted an enterprise as defined in Title 18, United States Code, Section
1959(b)(2), namely the MS-13 enterprise, that is, a group of individuals associated in fact which was
engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise
constituted an ongoing organization whose members functioned as a continuing unit for a common
purpose of achieving the objectives of the enterprise.
24. The above described enterprise, through its members and associates, engaged in
racketeering activity, as defined in Title 18, United States Code, Section 1959(b)(1) and 1961(1),
namely, acts involving murder in violation of 22 District of Columbia Code, Sections 2101 and 2103
and in violation of Maryland Code Criminal Law §§ 2-201, 2-204, 2-205, 2-206 and the Common
Law of Maryland, acts involving robbery in violation of 22 District of Columbia Code, Section
2801, extortion in violation of 22 District of Columbia Code, Section 3251 Maryland Code,
Criminal Law §§ 3-402 and 3-403 and the Common Law of Maryland, acts involving extortion in
violation of 22 District of Columbia Code, § 3251, and Maryland Code, Criminal Law §§ 3-701,
3-705, and the Common Law of Maryland; and narcotics trafficking in violation of Title 21, United
States Code, Sections 841(a)(1) and 846, and obstruction of justice in violation of Title 18, United
States Code, Sections 1503 and 1512.
On or about December 11, 2009, in the District of Columbia, as consideration for the receipt
of, and as consideration for a promise and agreement to pay, anything of pecuniary value from MS-
13, and for the purpose of gaining entrance to and maintaining and increasing position in MS-13, an
enterprise engaged in racketeering activity, the defendants, OMAR R. AGUILAR, also known as
Omar Rivera-Aguilar, also known as Flaco, also known as Flaco from Fulton, WILFREDO
23
MEJIA, also known as Freddie, also known as Majestic, and other individuals whose identity is
known to the Grand Jury, unlawfully, knowingly, and intentionally did kidnap Maria Soto-Trinidad
in violation of 22 District of Columbia Code Section 2001.
(Kidnapping in Aid of Racketeering and Aiding and Abetting, in violation of Title 18,
United States Code, Sections 1959(a)(1) and 2)
COUNT THREE
The allegations in paragraphs 23 and 24 of Count Two of this Indictment are realleged and
incorporated by reference as though fully set forth herein.
known to the Grand Jury, unlawfully, knowingly, and intentionally did assault Maria Soto-Trinidad
with a dangerous weapon in violation of 22 District of Columbia Code, Section 402.
(Assault with a Dangerous Weapon in Aid of Racketeering and Aiding and Abetting,
in violation of Title 18, United States Code, Sections 1959(a)(3) and 2)
COUNT FOUR
On or about December 11, 2009, within the District of Columbia, OMAR R. AGUILAR,
also known as Omar Rivera-Aguilar, also known as Flaco, also known as Flaco from Fulton,
WILFREDO MEJIA, also known as Freddie, also known as Majestic, and other individuals whose
identity is known to the Grand Jury, while armed with a pistol and a knife, by force and violence,
24
against resistance and by putting in fear, stole and took from the person and from the immediate
actual possession of Maria Soto-Trinidad, property of value belonging to Maria Soto-Trinidad,
consisting of money and a cellphone.
(Armed Robbery, in violation of 22 D.C. Code, Sections 2801, 4502 (2001 ed.))
COUNT FIVE
identity is known to the Grand Jury, while armed with a pistol and a knife seized, confined,
kidnapped, abducted, inveigled, and carried away Maria Soto-Trinidad, with intent to hold and detain
Maria Soto-Trinidad, for the purpose of stealing property of another or for some other benefit.
(Kidnapping While Armed, in violation of 22 D.C. Code, Sections 2001, 4502 (2001 ed.))
COUNT SIX
25
known to the Grand Jury unlawfully, knowingly, and intentionally did kidnap Mary Colon in
violation of 22 District of Columbia Code Section 2001.
United States Code, Sections 1959(a)(1) and 2.)
COUNT SEVEN
known to the Grand Jury unlawfully, knowingly, and intentionally did assault Mary Colon with a
dangerous weapon in violation of 22 District of Columbia Code, Section 402.
COUNT EIGHT
26
actual possession of Mary Colon, property of value belonging to Mary Colon, consisting of a purse
and its contents.
COUNT NINE
kidnapped, abducted, inveigled, and carried away Mary Colon, with intent to hold and detain Mary
Colon, for the purpose of stealing property of another or for some other benefit.
COUNT TEN
27
known to the Grand Jury unlawfully, knowingly, and intentionally did kidnap Jesus Velascquez in
COUNT ELEVEN
known to the Grand Jury unlawfully, knowingly, and intentionally did assault Jesus Velascquez with
a dangerous weapon in violation of 22 District of Columbia Code, Section 402.
COUNT TWELVE
28
actual possession of Jesus Velascquez, property of value belonging to Jesus Velascquez, consisting
of money.
COUNT THIRTEEN
kidnapped, abducted, inveigled, and carried away Jesus Velascquez, with intent to hold and detain
Jesus Velascquez, for the purpose of stealing property of another or for some other benefit.
COUNT FOURTEEN
29
known to the Grand Jury unlawfully, knowingly, and intentionally did kidnap Mauricio Garcia in
COUNT FIFTEEN
known to the Grand Jury unlawfully, knowingly, and intentionally did assault Mauricio Garcia with
a dangerous weapon in violation of 22 District of Columbia Code, Section 402.
COUNT SIXTEEN
30
actual possession of Mauricio Garcia, property of value belonging to Mauricio Garcia, consisting
of money.
COUNT SEVENTEEN
kidnapped, abducted, inveigled, and carried away Mauricio Garcia, with intent to hold and detain
Mauricio Garcia, for the purpose of stealing property of another or for some other benefit.
COUNT EIGHTEEN
31
known to the Grand Jury unlawfully, knowingly, and intentionally did kidnap Helen Cavallos in
violation of 22 District of Columbia Code, Section 2001.
COUNT NINETEEN
known to the Grand Jury unlawfully, knowingly, and intentionally did assault with a dangerous
weapon Helen Cavallos in violation of 22 District of Columbia Code, Section 402.
COUNT TWENTY
32
actual possession of Helen Cavallos, property of value belonging to Helen Cavallos, consisting of
money and a cellphone.
COUNT TWENTY-ONE
kidnapped, abducted, inveigled, and carried away Helen Cavallos, with intent to hold and detain
Helen Cavallos, for the purpose of stealing property of another or for some other benefit.
COUNT TWENTY-TWO
identity is known to the Grand Jury, while armed with a pistol and a knife, entered the dwelling of
another individual, while Maria Soto-Trinidad, Mary Colon, Jesus Velascquez, Mauricio Garcia, and
Helen Cavallos were inside that dwelling, with intent to steal property of another.
(First Degree Burglary While Armed, in violation of 22 D.C. Code, Sections 801(a), 4502
(2001 ed.))
33
COUNT TWENTY-THREE
On or about December 11, 2009, in the District of Columbia, the defendants, OMAR R.
AGUILAR, also known as Omar Rivera-Aguilar, also known as Flaco, also known as Flaco from
Fulton, WILFREDO MEJIA, also known as Freddie, also known as Majestic and other individuals
whose identity is known to the Grand Jury, unlawfully, willfully, and knowingly did use and carry
a firearm during and in relation to a crime of violence for which they may be prosecuted in a court
of the United States, namely, Kidnapping in Aid of Racketeering as alleged in Counts Two, Six, Ten,
Fourteen, and Eighteen, and Assault with a Deadly Weapon in Aid of Racketeering as alleged in
Counts Three, Seven, Eleven, Fifteen, and Nineteen and did possess a firearm in furtherance of the
offenses charged in Counts One through Twenty-Four of this Indictment, and did brandish a firearm
in furtherance of the offenses charged in Counts One through Twenty-Four of this Indictment.
(Possession of a Firearm During and in Relation to a Crime of Violence, in violation of

Title 18, United States Code, Sections 924(c)(1)(A) and 2)
COUNT TWENTY-FOUR
On or about April 7, 2008, in the District of Columbia, as consideration for the receipt of,
and as consideration for a promise and agreement to pay, anything of pecuniary value from MS-13,
and for the purpose of gaining entrance to and maintaining and increasing position in MS-13, an
enterprise engaged in racketeering activity, the defendant, DENNIS L. GIL-BERNARDEZ, also
34
known as Pando, also known as Dopre, and TOKIRO RODAS-RAMIREZ, also known as Johnny
also known as Perverso, unlawfully, knowingly, and intentionally did assault with a dangerous
weapon Dimas Perez in violation of 22 D.C. Code Section 402.
in violation of Title 18, United States Code, Sections 1959(a)(3) and (2))
COUNT TWENTY-FIVE
On or about April 7, 2008, in the District of Columbia, the defendants, DENNIS L. GIL-
BERNARDEZ, also known as Pando, also known as Dopre, and TOKIRO RODAS-RAMIREZ,
also known as Johnny also known as Perverso, unlawfully, willfully, and knowingly did use and
carry a firearm during and in relation to a crime of violence for which they may be prosecuted in a
court in the United States, namely Assault with a Dangerous Weapon in Aid of Racketeering as
alleged in Count Twenty-Four, and did possess, brandish and discharge the firearm in furtherance
of the offense charged in Count Twenty-Four.

Title 18 United States Code, Sections 924(c)(1)(A) and (2))
COUNT TWENTY-SIX
On or about July 29, 2008, in the District of Maryland, as consideration for the receipt of, and
as consideration for a promise and agreement to pay, anything of pecuniary value from MS-13, and
for the purpose of gaining entrance to and maintaining and increasing position in MS-13, an
35
enterprise engaged in racketeering activity, the defendant, DENNIS L. GIL-BERNARDEZ, also
known as Pando, also known as Dopre, unlawfully and knowingly did murder Luis Chavez-Ponce,
in violation of Maryland Code Criminal Law § 2-201 and the Common Law of Maryland.
(Murder in Aid of Racketeering, in violation of Title 18, United States Code, Section
1959(a)(1))
COUNT TWENTY-SEVEN
On or about the summer through November 6, 2008, in the District of Columbia, as
consideration for the receipt of, and as consideration for a promise and agreement to pay, anything
of pecuniary value from MS-13, and for the purpose of gaining entrance to and maintaining and
increasing position in MS-13, an enterprise engaged in racketeering activity, the defendant, DENNIS
L. GIL-BERNARDEZ, also known as Pando, also known as Dopre, unlawfully and knowingly
aided and abetted the murder of Louis Alberto Membreno-Zelaya, also known as “El Brujo,” in
violation of 22 District of Columbia Code, Section 2101, that is order the murder of Louis Alberto
Membreno-Zelaya, also known as “El Brujo” who was murdered on November 6, 2008, in the
District of Columbia, by individuals known to the Grand Jury.
(Murder in Aid of Racketeering, in violation of Title 18, United States Code, Sections
1959(a)(1) and (2))
COUNT TWENTY-EIGHT
DENNIS L. GIL-BERNARDEZ, also known as Pando, also known as Dopre, HENRY
DIAZ-ANTUNUEZ, also known as Stewie, also known as Stuvi, and other individuals whose
identity is known to the Grand Jury, within the District of Columbia, while armed with a dangerous
36
weapon, that is a knife or other sharp object, purposely and with deliberate and premeditated malice,
killed Louis Alberto Membreno-Zelaya, also known as “El Brujo”, by stabbing him with a knife or
other sharp object on or about November 6, 2008, thereby causing injuries from which Louis Alberto
Membreno-Zelaya, also known as “El Brujo” died on or about November 6, 2008.
(First Degree Murder While Armed (Premeditated), in violation of 22 D.C. Code,

Sections 2101, 4502 (2007 ed.))
COUNT TWENTY-NINE
enterprise engaged in racketeering activity, the defendant, HECTOR DIAZ-FLORES, also known
as Littleman, and another individual whose identity is known to the Grand Jury, unlawfully and
knowingly, did murder Giovanni Sanchez in violation of 22 D.C. Code, Sections 2101 and 4502.
(Murder in Aid of Racketeering, in violation of Title 18, United States Code, Section
1959(a)(1))
COUNT THIRTY
HECTOR DIAZ-FLORES, also known as “Littleman,” and another individual whose
identity is known to the Grand Jury within the District of Columbia, while armed with a dangerous
weapon, that is a knife or other sharp object, purposely and with deliberate and premeditated malice,
37
killed Giovanni Sanchez by stabbing him with a knife or other sharp object on or about
December 12, 2008, thereby causing injuries from which Giovanni Sanchez died on or about
December 12, 2008.
(First Degree Murder While Armed (Premeditated), in violation of 22 D.C. Code,

Sections 2101, 4502 (2007 ed.))
COUNT THIRTY-ONE
On or about June 10, 2010, in the District of Columbia, as consideration for the receipt of,
and as consideration for a promise and agreement to pay, anything of pecuniary value from MS-13,
and for the purpose of gaining entrance to and maintaining and increasing position in MS-13, an
enterprise engaged in racketeering activity, the defendant, RUDIS CASTRO-MARTINEZ, also
known as Krypta, other individuals whose identity are known to the Grand Jury, unlawfully and
knowingly, did assault with a dangerous weapon, to wit: a gun, Ludwin Rubio in violation of 22
District of Columbia Code, Section 402.
(Assault with a Dangerous Weapon in Aid of Racketeering, in violation of Title 18,

COUNT THIRTY-TWO
On or about June 10, 2010, in the District of Columbia, the defendant, RUDIS CASTRO-
MARTINEZ, also known as Krypta and other individuals whose identity is known to the Grand
Jury, unlawfully, willfully, and knowingly did use and carry a firearm during and in relation to a
38
crime of violence for which they may be prosecuted in a court of the United States, namely, Assault
with a Dangerous Weapon in Aid of Racketeering as alleged in Count Thirty, and did brandish a
firearm in furtherance of the offense charged in Count Twenty-Nine of this Indictment.

Title 18, United States Code, Sections 924(c)(1)(A) and 2)
NOTICE OF SPECIAL SENTENCING FACTORS
1. On or about July 29, 2008, DENNIS L. GIL-BERNARDEZ and TOKIRO
RODAS-RAMIREZ, feloniously, willfully and with deliberately premeditated malice aforethought
killed and murdered Luis Miguel Chavez-Ponce in violation of Maryland Code Criminal Law §2-201
and the Common Law of Maryland.
2. On or about between the summer of 2008 and November 6, 2008, DENNIS L. GIL-
BERNARDEZ purposely and with deliberate and premeditated malice participated in the killing of
Louis Alberto Membreno-Zelaya, also known as “El Brujo” in violation of 22 District of Columbia
Code, Section 2101.
3. On or about December 12, 2008, HECTOR DIAZ-FLORES, also known as
“Littleman” participated in the purposeful, deliberate and premeditated killing of Giovanni Sanchez,
in violation of 22 District of Columbia Code, Section 2101.
4. On or about December 12, 2008, HECTOR DIAZ-FLORES, also known as
“Littleman” with the intent to kill another and to inflict serious bodily injury on another an with a
conscious disregard of an extreme risk of death or serious bodily injury to another caused the death
of Giovanni Sanchez in violation of 22 District of Columbia Code, Section 2103.
39
5. On or about March 31, 2010, MANUEL SARAVIA, NOE MACHADO-ERAZO,
and JOSE MARTINEZ-AMAYA, aided and abetted by the authorization of MOISES
HUMBERTO RIVERA-LUNA, feloniously, willfully, and of their deliberately premeditated
malice aforethought did kill and murder Felipe Leonardo Enriquez also known as Zombie, in
violation of Maryland Code Criminal §2-201 and the Common Law of Maryland.
NOTICE OF SPECIAL FINDINGS: DENNIS L. GIL-BERNARDEZ
As to Count Twenty-Six (the murder of Luis Miguel Chavez-Ponce):
1. The defendant, DENNIS L. GIL-BERNARDEZ, was 18 years or older at the time
of the offense.
(Title 18, United States Code, Section 3591(a))
2. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally killed the victim.
(Title 18, United States Code, Section 3591(a)(2)(A))
3. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally inflicted serious
bodily injury that resulted in the death of the victim.
(Title 18, United States Code, Section 3591(a)(2)(B))
4. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally participated in an act,
contemplating that the life of a person would be taken or intending that lethal force would be used
in connection with a person, other than one of the participants in the offense, and the victim died as
a direct result of the act.
(Title 18, United States Code, Section 3591(a)(2)(C))
40
5. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally and specifically
engaged in an act of violence, knowing that the act created a grave risk of death to a person, other
than one of the participants in the offense, such that participation in the act constituted a reckless
disregard for human life and the victim died as a direct result of the act.
(Title 18, United States Code, Section 3591(a)(2)(D))
6. The defendant, DENNIS L. GIL-BERNARDEZ, has previously been convicted of
a Federal or State offense punishable by a term of imprisonment of more than one year, involving
the use or attempted or threatened use of a firearm against another person.
(Title 18, United States Code, Section 3592(c)(2))
As to Count Twenty-Seven (the murder of Louis Alberto Membreno-Zelaya):
1. The defendant, DENNIS L. GIL-BERNARDEZ, was 18 years or older at the time
of the offense.
(Title 18, United States Code, Section 3591(a))
2. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally killed the victim.
(Title 18, United States Code, Section 3591(a)(2)(A))
3. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally inflicted serious
bodily injury that resulted in the death of the victim.
(Title 18, United States Code, Section 3591(a)(2)(B))
4. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally participated in an act,
contemplating that the life of a person would be taken or intending that lethal force would be used
in connection with a person, other than one of the participants in the offense, and the victim died as
a direct result of the act.
(Title 18, United States Code, Section 3591(a)(2)(C))
41
5. The defendant, DENNIS L. GIL-BERNARDEZ, intentionally and specifically
engaged in an act of violence, knowing that the act created a grave risk of death to a person, other
than one of the participants in the offense, such that participation in the act constituted a reckless
disregard for human life and the victim died as a direct result of the act.
(Title 18, United States Code, Section 3591(a)(2)(D))
6. The defendant, DENNIS L. GIL-BERNARDEZ, has previously been convicted of
a Federal or State offense punishable by a term of imprisonment of more than one year, involving
the use or attempted or threatened use of a firearm against another person.
7. The defendant, DENNIS L. GIL-BERNARDEZ, committed the offense after
substantial planning and premeditation to cause the death of a person.
A TRUE BILL:
FOREPERSON.
Attorney for the United States in

and for the District of Columbia
42

Moisés Humberto Rivera Luna

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Case 1:10-cr-00256 Document 101 Filed 11/01/11 Page 1 of 42

UNITED STATES DISTRICT COURT

Holding a Criminal Term

Grand Jury Sworn in on November 12, 2010

UNITED STATES OF AMERICA : CRIMINAL CASE NO. 10-256 (RMC)

The Grand Jury charges that:

composed primarily of immigrants or descendants of immigrants from El Salvador, with members

out,” or “heads up.”

Carolina, and the District of Columbia.

3. MS-13 is a national and international criminal organization with over 10,000

functioning since at least the 1980s.

gang member finishes counting aloud to thirteen.

membership by wearing tattoos reading “MARA SALVATRUCHA,” “MS,” “MS-13,” or similar

7. At all times relevant to this Indictment, members of MS-13 engaged in criminal

in the conduct of MS-13’s affairs and other illegal activities.

and promote gang activities.

The Racketeering Enterprise

in fact. The enterprise constituted an ongoing organization whose members functioned as a

Purposes of the Enterprise

14. The purposes of the MS-13 enterprise included the following:

c. Keeping victims, potential victims, and community members in fear of the

d. Providing financial support and information to MS-13 members, including

those incarcerated in the United States and El Salvador; and

RAMIREZ, also known as Johnny, also known as Perverso, MARVIN GEOVANNY

MONTERROSA-LARIOS, also known as Enano, JUAN MELGAR-HERNANDEZ, also known

of Columbia and Maryland law:

a. Murder, in violation of 22 District of Columbia Code, §§ 2101 and 2103, and in

b. Robbery in violation of 22 District of Columbia Code, § 2801 and in violation of

c. Extortion, in violation of 22 District of Columbia Code, § 3251, and Maryland Code,

Criminal Law §§ 3-701, 3-705, and the Common Law of Maryland;

d. Sections 841(a)(1) and 846 of Title 21, United States Code;

e. 18 U.S.C. § 1512 (Witnesses Retaliation/Tampering);

f. 18 U.S.C. § 1503 (Obstruction of Justice);

Manner and Means of the Conspiracy

enforcement of gang rules.

firearms for use in criminal activity by MS-13 members.

to impose discipline within the gang.

Maryland and elsewhere:

a. On or about April 7, 2008, in the District of Columbia, DENNIS L. GIL-

b. On or about May 19, 2008, RUDI CASTRO-MARTINEZ, also known as Rudy

Grand Jury stabbed a person.

c. On or about July 2008, MICHELLE NICOLE RIOS, also known as La Licensiada,

d. On or about July 29, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,

firearms, hunted for a rival gang member in Riverdale, Maryland.

e. On or about July 29, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,

Perverso, shot and killed a person in Riverdale, Maryland.

leader in El Salvador via Western Union to Domatila de la Paz Portillo-Ramos in El Salvador.

g. On or about September 14, 2008, in Riverdale, Maryland, MS-13 gang members,

h. On or about October 6, 2008, DENNIS L. GIL-BERNARDEZ, also known as Pando,

also known as Dopre shot three persons in Reston, Virginia.

Washington, D.C. metropolitan area.

j. On or about November 6, 2008, in the District of Columbia persons whose identity

k. On or about December 12, 2008, in Washington, D.C., HECTOR DIAZ-FLORES,

l. On or about January 20, 2009, MICHELLE NICOLE RIOS, MARIO LOPEZ-

which at least one person was initiated into the gang.

MARTINEZ, MARIO LOPEZ-RAMIREZ, and others participated in a beating administered as

discipline by MS-13 to a gang member.

13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.

an MS-13 leader in El Salvador via Western Union to Julia Abarca in El Salvador.