McHenry County Blog

A press release from the U.S. Attorney’s Office:

CHICAGO MAN SENTENCED TO 23 YEARS IN PRISON FOR ATTEMPTED BOMBING ON CROWDED STREET NEAR WRIGLEY FIELD IN SEPTEMBER 2010

CHICAGO — A Chicago man was sentenced today to 23 years in federal prison for placing a backpack that he thought contained a powerful explosive device into a curbside trash container on a crowded street near Wrigley Field in September 2010.

The defendant, SAMI SAMIR HASSOUN, pleaded guilty in April 2012 to one count each of attempted use of a weapon of mass destruction and attempted use of an explosive device, and faced between 20 and 30 years in prison under the terms of his plea agreement.

Hassoun, 25, a Lebanese citizen and permanent resident alien who formerly resided on the city’s north side, has remained in federal custody since he was arrested during the very early morning on Sept. 19, 2010. The purported bomb was actually an inert device that was provided by undercover FBI agents, who were investigating and monitoring Hassoun’s proclaimed determination to commit acts of violence in Chicago for monetary gain and to cause local political instability.

“The thought of what might have happened if it was real is horrific,” said U.S. District Judge Robert Gettleman, who ordered Hassoun placed on five years of supervised release following his prison term and noted that he will be subject to deportation when he is released.

As a result of the undercover investigation, Hassoun never posed any actual imminent danger, but his guilty plea made clear that he intended to cause mass casualties and had rejected opportunities to walk away from the plot. He chose the particular location and time of the proposed attack – the 3500 block of North Clark Street and late on a Saturday night – because it presented the opportunity to inflict a greater number of casualties. There was a concert at Wrigley Field on Saturday night, Sept. 18, 2010, just before he was arrested.

“If the bag that Hassoun left in that Clark Street trash receptacle had contained the type of explosive device that he thought it did, the results would have been horrific,” said Gary S. Shapiro, United States Attorney for the Northern District of Illinois.

“In conversation after conversation, Hassoun made clear that he was willing to bomb innocents and shoot police officers as part of a bizarre effort to destabilize the City of Chicago. And his actions demonstrated that his words were more than empty bravado,” Mr. Shapiro said.

“I am proud of the work done by a talented investigative team in preventing Hassoun from carrying out his intended act of great violence. I am also grateful to the dedicated prosecution team for their role in bringing Hassoun to justice.

“We remain vigilant in our mission to prevent attacks against Americans and to identify and hold accountable individuals and groups involved in the planning and execution of such attacks,” said Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation was conducted by the Chicago FBI’s Joint Terrorism Task Force, which consists of FBI special agents, Chicago police officers, and other federal, state and local law enforcement agencies.

In pleading guilty, Hassoun admitted telling a law enforcement cooperating source (CS) in early June 2010 that he wanted to commit acts of violence in Chicago and suggested bombing the commercial area surrounding Wrigley Field as one option. Hassoun said that an attack against such an entertainment center could “paralyze” Chicago commerce.

The CS told Hassoun that he/she had friends willing to help Hassoun to perpetrate such an attack. Hassoun and the CS continued to discuss Hassoun’s terrorist attack ideas during the following weeks, and Hassoun indicated that he wanted to meet the CS’s contacts and was anxious to act against Chicago.

On July 8, 2010, the CS introduced Hassoun to an undercover FBI task force officer posing as one of the CS’s purported contacts, and Hassoun said that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment.

When asked what he was personally willing to do, Hassoun indicated that he was willing to facilitate a car bombing or attacks against Chicago police officers.

When asked later if he was concerned about the victims of such violence, Hassoun said that casualties were the inevitable result of what he termed “revolution.”

On July 21, 2010, an undercover FBI agent was introduced to Hassoun as a “good friend” and “brother,” and Hassoun discussed his idea of a series of escalating violent attacks to damage Chicago’s sense of security, its economy, and trust in leadership. He identified Chicago entertainment establishments, civic buildings, commercial high-rises, and transportation infrastructure as potential targets, the plea agreement states.

During this meeting, the undercover agents gave Hassoun a digital camcorder to videotape potential targets. Hassoun traveled to the area around Wrigley Field and filmed potential targets on Aug. 8, 12 and 14, 2010, focusing on the bars, restaurants and potential security in the area.

As he filmed, Hassoun commented on the potential tactical advantages and risks of perpetrating an attack at the various locations he observed. Also during the July 21 meeting, Hassoun asked the undercover agents effectively to employ him planning the bombing, and from July 21 to Sept. 18, 2010, they paid Hassoun $2,700.

On Aug. 16, 2010, Hassoun met with the agents and debriefed them on his reconnaissance efforts. He gave them the camcorder and after reviewing the videos, they all discussed the areas that could be targeted to cause maximum casualties with minimum operational difficulty and risk. On Aug. 31, 2010, Hassoun and the undercover agents traveled to Hassoun’s chosen location, which Hassoun said would be crowded with bar patrons.

At a prearranged meeting on the night of Sept. 18, 2010, at a hotel in Rosemont, the undercover agents provided Hassoun with a shopping bag and a backpack that contained the purported bomb.

While driving together to the target area, one of the agents explained to Hassoun that the bomb was surrounded by ball-bearings and that its blast could destroy up to half a city block. As they approached the area, one of the agents told Hassoun that he was setting the bomb’s timer for 20 minutes, but Hassoun said that was too long.

The agent and Hassoun then set the timer together and activated the purported bomb’s arming mechanism in Hassoun’s presence.

They arrived near the target location at approximately 12:10 a.m. on Sunday Sept. 19 and parked about a block away. As planned, Hassoun exited the vehicle with the shopping bag containing the backpack and purported explosive device, walked a short distance, and deposited what he thought was the armed bomb into the trash container on the crowded sidewalk.

The government was represented by Assistant U.S. Attorneys Joel Hammerman and Tinos Diamantatos.

A press release from the U.S. Attorney’s Office:

DOLTON POLICE OFFICER CONVICTED OF CIVIL RIGHTS VIOLATIONS FOR USING EXCESSIVE FORCE WITH BATON

CHICAGO — A south suburban Dolton police officer was convicted today of federal civil rights charges for using excessive force against two victims outside a Dolton nightclub in May 2009.

The defendant, KEVIN FLETCHER, who is on administrative leave from the department, was found guilty on two counts of violating the victims’ civil right to be free from the use of unreasonable force by a person acting under color of law.

Jurors, who had the benefit of a video recording that captured most of the scene, deliberated less than an hour today after a trial that began Monday in U.S. District Court.

Fletcher, 35, of South Holland, faces a maximum penalty of 10 years in prison and a $250,000 fine on each count. He was ordered to return to court at 9:45 a.m. Monday for a hearing on the government’s motion to revoke his bond before U.S. District Judge Elaine Bucklo. Sentencing was set for 10:30 a.m. on Aug. 16.

Fletcher joined the Dolton Police Department in October 2006.

The evidence at trial showed that at approximately 2 a.m. on May 17, 2009, he and other officers were working crowd control outside the former Mr. Ricky’s 141 Club, as it and other bars along Chicago Road near 141st Street in Dolton were closing.

While performing his duties as a police officer, Fletcher used an ASP baton as a dangerous weapon to strike two victims, Michael McPherson and Laurence Williams, once each in the head.

The jury found that both victims suffered bodily injury, and the evidence showed that both required hospital treatment and staples to close their head wounds.

Assistant U.S. Attorneys Tinos Diamantatos and Megan Cunniff Church argued to the jury today that Fletcher was offended by the victims cursing at him as he directed them to depart the Chicago Road area after leaving the nightclub, and then abused his authority by striking them each over the head with his baton to “teach them a lesson.”

Fletcher made no effort or attempt to arrest either victim and departed the scene after striking them with his baton.

Both victims, as well as Fletcher, testified at the trial.

Before trial, the government dismissed an obstruction of justice count that was contained in the November 2011 indictment against Fletcher.

The guilty verdict was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The Justice Department’s Civil Rights Division assisted in the investigation.

A press release from the U.S. Attorney’s Office:

CHICAGO AREA DERMATOLOGIST AND PSYCHOLOGIST CHARGED IN NATIONWIDE MEDICARE FRAUD STRIKE FORCE TAKEDOWN

Total of 91 Defendants Charged Nationwide for Submitting
Approximately $430 Million in False Billing

CHICAGO — An area dermatologist and a psychologist were charged this week with engaging in separate health care fraud schemes to defraud the Medicare program and/or private health insurers of millions of dollars, federal law enforcement officials announced today. Also today, a co-owner of a former south suburban home health care business was convicted of a federal charge, a week after the other co-owner was convicted of health care fraud by a federal jury.

The Chicago charges are part of a nationwide takedown by Medicare Fraud Strike Force operations in seven cities, announced today by the Departments of Justice and Health and Human Services, that led to charges against 91 defendants for their alleged participation in schemes to collectively submit approximately $429.2 million in fraudulent claims.

In Chicago, two defendants were charged in separate indictments filed yesterday and Tuesday in U.S. District Court. One defendant, a licensed psychologist, was charged with health care fraud for allegedly over-billing the Medicare program, while the dermatologist was charged with mail and wire fraud for defrauding Medicare and private health insurance companies.

“Today’s enforcement actions reveal an alarming and unacceptable trend of individuals attempting to exploit federal health care programs to steal billions in taxpayer dollars for personal gain,” said Attorney General Holder. “Such activities not only siphon precious taxpayer resources, drive up health care costs, and jeopardize the strength of the Medicare program — they also disproportionately victimize the most vulnerable members of society, including elderly, disabled and impoverished Americans.”

“These cases ought to be taken as a warning that dishonest medical providers ought to think twice before cheating Medicare and private insurers,” said Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois.

Details of the Chicago cases follow:

United States v. Robert Kolbusz

Dr. Robert Kolbusz, a dermatologist in Downers Grove, was charged in a seven-count indictment returned yesterday with defrauding Medicare and private health insurance companies by submitting false claims for hundreds of patients resulting in millions of dollars of losses. Kolbusz falsely diagnosed patients with actinic keratosis, or sun-induced skin lesions that have the potential to become cancerous, and then billed Medicare, Blue Cross Blue Shield of Illinois, Aetna, and Humana for treatments that were ineffective and falsely documented.

Kolbusz, 55, of Oak Brook, was charged with four counts of wire fraud and three counts of mail fraud. He will be arraigned at a later date in U.S. District Court.

Between 2003 and 2010, Kolbusz allegedly falsely documented patients’ charts to support medically unnecessary, cosmetic treatments that he ordered. In some instances, he falsely documented the removal of more than 1,000 lesions from patients over several years of treatment, according to the indictment.

The government is represented by Assistant U.S. Attorneys Stephen Lee and Tinos Diamantatos. The case was investigated by the Federal Bureau of Investigation and the Health and Human Services Office of Inspector General (HHS-OIG.)

United States v. Sharon A. Rinaldi

Sharon A. Rinaldi, a licensed psychologist in Illinois, was charged in a five-count indictment returned on Tuesday with defrauding Medicare by submitting thousands of false claims for providing psychotherapy services to Medicare beneficiaries residing in skilled nursing homes in the Chicago area.

Rinaldi, 57, of Inverness, was charged with five counts of health care fraud. She is scheduled to be arraigned on Oct. 10 in U.S. District Court. The indictment also seeks forfeiture of more than $100,000 that was seized from her home and a personal bank account.

According to the indictment, between December 2008 and August 2012, Rinaldi claimed that she provided services to Medicare beneficiaries who were deceased at the time; that she provided services on certain dates when she was in other locations, such as Las Vegas and San Diego; and she inflated the number of hours that she had provided services on particular dates, often exceeding 24 hours in a single day.

The government is represented by Assistant U.S. Attorneys Paul Tzur. The case was investigated by the FBI and the HHS-OIG.

United States v. Khalil, et al.

In the home health care fraud case, which was indicted last year, a federal jury last week convicted Bhair Haj Khalil, the co-owner and executive manager of House Call Physicians LLC in Palos Hills, of six counts of health care fraud for submitting false claims totaling more than $2.5 million to Medicare, resulting in losses of more than $1.15 million.

Khalil, 34, formerly of Palos Hills and who is in federal custody, and his business partner, Mohammed Khamis Rashed, 46, of Chicago, were also convicted of visa fraud for attempting to illegally obtain a work visa for Khallil.

After a trial for both defendants last month, Khalil was convicted by a jury on Sept. 25, while Rashed’s case was tried by U.S. District Judge Charles Kocoras, who issued his guilty verdict today.

A third defendant, Paschal U. Oparah, a suspended podiatrist, pleaded guilty in the case last spring. All three are scheduled to be sentenced in December.

Evidence in the case showed that the fraud scheme involved billing for home health services as if they were performed by physicians when they were actually performed by physicians’ assistants; billing for podiatry services that were actually performed by Oparah, whose license was suspended; and falsely certifying that patients were eligible for home health services when they were not and causing medically unnecessary tests to be provided to Medicare beneficiaries.

The government is represented by Assistant U.S. Attorneys Patrick Otlewski and Ryan Hedges. The case was investigated by the FBI, the HHS-OIG, and the U.S. Department of Labor Office of Inspector General.

The charges in these cases carry the following maximum penalties on each count: health care fraud and visa fraud — 10 years in prison, and mail and wire fraud — 20 years in prison, and a $250,000 maximum fine, or an alternate fine totaling twice the loss or twice the gain, whichever is greater. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The Medicare Fraud Strike Force operations, which expanded to Chicago in February 2011, are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since their inception in March 2007, Strike Force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The results of the nationwide takedown were announced today by Attorney General Holder, HHS Secretary Kathleen Sebelius, Assistant Attorney General Lanny A. Breuer of the Criminal Division, FBI Associate Deputy Director Kevin Perkins, Inspector General Daniel R. Levinson of the HHS-OIG, and Dr. Peter Budetti, Deputy Administrator for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Mr. Shapiro announced the Chicago charges together with William C. Monroe, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation, and Lamont Pugh III, Special Agent-in-Charge of the Chicago Regional Office of the HHS-OIG.

The public is reminded that indictments contain only charges and are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

A press release from the U.S. Attorney’s Office:

CHICAGO MAN PLEADS GUILTY TO ATTEMPTED BOMBING ON CROWDED CLARK STREET NEAR WRIGLEY FIELD IN SEPTEMBER 2010

CHICAGO — A Chicago man pleaded guilty today to federal charges for placing a backpack that he thought contained a powerful explosive device into a curbside trash container on a crowded north side street near Wrigley Field in September 2010.

The defendant, Sami Samir Hassoun, pleaded guilty to one count each of attempted use of a weapon of mass destruction and attempted use of an explosive device, resolving charges that have been pending since he was arrested during the very early morning on Sept. 19, 2010.

The purported bomb was actually an inert device that was provided by undercover FBI agents, who were investigating and monitoring Hassoun’s proclaimed determination to commit acts of violence in Chicago for monetary gain and to cause local political instability.

As a result of the undercover investigation, Hassoun never posed any actual imminent danger, but his plea agreement makes clear that he intended to cause mass casualties and had rejected opportunities to walk away from the plot.

He chose the particular location, in the 3500 block of North Clark Street, because it presented the opportunity to inflict a greater number of casualties than other locations he considered.

There was a concert at Wrigley Field on Saturday night, Sept. 18, 2010, just before he was arrested.

Hassoun, 24, formerly of the city’s north side, remains in federal custody while awaiting sentencing, which U.S. District Judge Robert Gettleman scheduled for 10 a.m. on Aug. 15, 2012.

Hassoun is a Lebanese citizen and permanent resident alien.

Under the plea agreement, the government will recommend a sentence of 30 years in prison, and the Court must impose a sentence of at least 20 years and no more than 30 years, or reject the plea agreement. The agreement also requires Hassoun to cooperate with the government in any matter in which he is called upon to assist.

The guilty plea was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation was conducted by the Chicago FBI’s Joint Terrorism Task Force, which consists of FBI special agents, Chicago police officers, and representatives from 20 federal, state and local law enforcement agencies.

According to the plea agreement, Hassoun told a law enforcement cooperating source (CS) in early June 2010 that he wanted to commit acts of violence in Chicago and suggested bombing the commercial area surrounding Wrigley Field as one option.

Hassoun said that an attack against such an entertainment center could “paralyze” Chicago commerce.

The CS told Hassoun that he/she had friends who might be willing to pay Hassoun to perpetrate such an attack.

Hassoun and the CS continued to discuss Hassoun’s terrorist attack ideas during the following weeks, and Hassoun indicated that he wanted to meet the CS’s contacts and was anxious to act against Chicago.

On July 8, 2010, the CS introduced Hassoun to an undercover FBI task force officer posing as one of the CS’s purported contacts, and Hassoun said that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment.

When asked what he was personally willing to do, Hassoun indicated that he was willing to facilitate a car bombing or the assassination of Chicago police officers.

When asked if he was concerned about the victims of such violence, Hassoun said that casualties were the inevitable result of what he termed “revolution.”

On July 21, 2010, an undercover FBI agent was introduced to Hassoun as a “good friend” and “brother,” and Hassoun discussed his idea of a series of escalating violent attacks to damage Chicago’s sense of security, its economy, and trust in leadership.

He identified Chicago entertainment establishments, civic buildings, commercial high-rises, and transportation infrastructure as potential targets, the plea agreement states.

During this meeting, the undercover agents gave Hassoun a digital camcorder to videotape potential targets.

Hassoun traveled to the area around Wrigley Field and filmed potential targets on Aug. 8, 12 and 14, 2010, focusing on the bars, restaurants and potential security in the area.

As he filmed, Hassoun commented on the potential tactical advantages and risks of perpetrating at attack at the various locations he observed.

Also during the July 21 meeting, Hassoun asked the undercover agents effectively to employ him planning the bombing, and from July 21 to Sept. 18, 2010, they paid Hassoun $2,700.

On Aug. 16, 2010, Hassoun met with the agents and debriefed them on his reconnaissance efforts.

He gave them the camcorder and after reviewing the videos, they all discussed the areas that could be targeted to cause maximum casualties with minimum operational difficulty and risk.

On Aug. 31, 2010, Hassoun and the undercover agents traveled to Hassoun’s chosen location, which Hassoun said would be crowded with bar patrons.

At a prearranged meeting on the night of Sept. 18, 2010, at a hotel in Rosemont, the undercover agents provided Hassoun with a shopping bag and a backpack that contained the purported bomb.

While driving together to the target area, one of the agents explained to Hassoun that the bomb was surrounded by ball-bearings and that its blast could destroy up to half a city block.

As they approached the area, an agent told Hassoun that he was setting the bomb’s timer for 30 minutes, but Hassoun said that was too long.

The agent then set the timer for approximately 20 minutes and activated the purported bomb’s arming mechanism in Hassoun’s presence.

They arrived near the target location at approximately 12:10 a.m. on Sunday Sept. 19 and parked about a block away.

As planned, Hassoun exited the vehicle with the shopping bag containing the backpack and purported explosive device, walked a short distance, and deposited what he thought was the armed bomb into the trash container on the crowded sidewalk.

The government is being represented by Assistant U.S. Attorneys Joel Hammerman and Tinos Diamantatos.

A press release from the U.S. Attorney’s office:

LATIN KINGS’ NATIONWIDE LEADER, AUGUSTIN ZAMBRANO, AND THREE OTHER HIGH-RANKING GANG MEMBERS CONVICTED OF RICO CONSPIRACY AND RELATED CRIMES IN FEDERAL TRIAL

CHICAGO — A federal jury today convicted the highest-ranking leader nationwide and three other high-ranking leaders of the Latin Kings street gang of racketeering conspiracy (RICO) and all other charges against them involving narcotics trafficking and related violence that plagued numerous neighborhoods on the city’s north, south and west sides.

From its origin and base in the west side Little Village community, the Latin Kings spread throughout Chicago and Illinois and established branches in other states, where local leaders acted with some autonomy but adhered to the rules and hierarchy of the Chicago gang, according to the evidence in the six-week federal trial.

Among the defendants convicted was Augustin Zambrano, 51, identified at trial as the “Corona,” making him the highest-ranking leader nationwide of the Almighty Latin King Nation and responsible for overseeing the illegal activities of all factions of the powerful street gang, which evidence showed has approximately 10,000 members in Illinois alone. Zambrano, also known as “Big Tino,” “Tino,” “Old Man,” and “Viejo,” and three co-defendants were found guilty of running a criminal enterprise to enrich themselves and others through drug-trafficking and preserving and protecting their power, territory and revenue through acts of murder, attempted murder, assault with a dangerous weapon, extortion, and other acts of violence.

Zambrano is the highest-ranking leader of the Latin Kings to be convicted since Gustavo “Gino” Colon, who also holds the title of “Corona” and is serving a life sentence that was imposed in 2000 for running a continuing criminal enterprise.

All four trial defendants remain in federal custody and face potentially lengthy prison terms without parole. U.S. District Judge Charles Norgle scheduled sentencing for Zambrano on Aug. 23, and set sentencing for the other three defendants Aug. 24-26.

Also convicted of RICO conspiracy and other crimes were: Vicente Garcia, 33, identified at trial as the “Supreme Regional Inca,” who was in charge of all Latin Kings in Illinois; Jose Guzman, 34, identified at trial as a former “Nation Enforcer” in the 26th Street, or Little Village, faction; and Alphonso Chavez, 26, identified at trial as the “Inca,” or leader of the gang’s 31st and Drake faction.

“This verdict inflicts a serious blow to the to leaders of the Latin Kings,” said Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois. “It demonstrates that the combined and coordinated efforts of federal, state and local law enforcement can assemble cases looking at disparate crimes — such as selling false identification documents in Little Village — and tie them all the way back to the gang leaders responsible for a broad array of criminal conduct.

Evidence at trial included audio and video recordings of three beatings inflicted upon gang members for violating the rules and testimony documenting 20 shootings in the Little Village area, including at least one in which the victim died. Zambrano and Garcia were both convicted of assault with a dangerous weapon.

The four trial defendants were among a total of 31 co-defendants who were indicted in September 2008 or charged in a superseding indictment in October 2009. Of those 31 defendants, 24 pleaded guilty, four were convicted at trial, and three remain fugitives. Three of the defendants who pleaded guilty testified as government witness at the trial.

The RICO conspiracy count included evidence that Zambrano and several co-defendants conspired to demand and receive payment from an organization illegally selling fraudulent immigration documents in Little Village by threatening, and actually engaging in, the use of force and violence against members of that organization unless the defendants received regular cash payments. Trial evidence proved federal charges that Latin Kings leaders extorted “street tax” from non-gang members, referred to as “miqueros,” who sold false identification documents.

As part of the RICO conspiracy, evidence also showed that defendants kept victims in fear of the gang and its leaders by enforcing what it referred to as an “SOS” — shoot on sight or smash on sight — order against Latin King members who cooperated with law enforcement in order to enforce the gang’s grip on the community and control over its members and associates.

Mr. Fitzgerald announced the verdict with Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation, and Andrew L. Traver, Special Agent-in-Charge of the Chicago Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Chicago Police Department and the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) in Chicago, also had significant roles in the investigation, which was conducted through the federal High Intensity Drug-Trafficking Area (HIDTA) Task Force and under the umbrella of the Organized Crime Drug Enforcement Task Force (OCDETF).

The trial and earlier guilty pleas showed that many of the defendants were leaders of the 24 sections that comprised the 26th Street Region in Little Village, who conspired in late 2007 to sell powder cocaine twice a month to fund the “Nation Box,” a kitty that the regional hierarchy used to purchase weapons and ammunition, and pay for funeral and attorney fees for fellow gang members.

Located along 26th Street, a main east-west thoroughfare, the region is bounded roughly by Fairfield Avenue (east) to Millard Avenue (west), and 21st Street (north) to 33rd Street (south). The region’s 24 sections are typically named after a street or intersection, with each section having its own leadership and “soldiers,” ranging between approximately 20 and 100 gang members.

The RICO conspiracy count encompassed a pattern of illegal activity since 2000, including drug trafficking, extortion, obstruction of justice, witness tampering, murder, attempted murder, and solicitation to commit murder, and intimidation. Evidence of the RICO conspiracy also included proof that the defendants and their associates:

• conducted the gang’s affairs through a series of laws and policies, some of which were codified in a “constitution,” as well as a “manifesto,” and the “26th Street rules.” The laws included a three-page list of 25 rules establishing procedures for homicides, “security,” and the sale of counterfeit identification documents;
• attended regular meetings, known as “demos” — or, when held by Nation officers, “Nation demos” — at which they discussed, planned, and otherwise engaged in criminal activity, including violent crimes, narcotics distribution, and obstruction of justice;
• initiated members by causing them to endure physical assaults conducted by other members at various gang-related gatherings; and
• managed the procurement, transfer, use, concealment, and disposal of firearms and dangerous weapons to protect gang-related territory, personnel, and operations, and to deter, eliminate, and retaliate against competitors and other rival gangs and individuals.

The convictions resulted from sustained, coordinated investigations by multiple federal law enforcement agencies, working together with the Chicago Police Department and other state and local partners, to dismantle the hierarchy of the Latin Kings and other highly-organized, often violent, drug-trafficking Chicago street gangs. In late 2006, ATF agents led an investigation that resulted in federal drug trafficking and firearms charges against 38 Latin Kings members and associates. In 2008, the FBI led an investigation that resulted in state and federal charges against 40 Latin Kings members and associates, including a dozen of the Zambrano co-defendants. In total, more than 80 Latin Kings members and associates have faced state or federal charges since 2006 and, of those, approximately 65 have been convicted federally, with only a few fugitives still facing federal charges.

The RICO conspiracy, extortion conspiracy, and assault with a dangerous weapon counts each carry a maximum penalty of 20 years in prison and a $250,000 fine. Garcia was convicted of using a firearm during a violent crime, which carries a mandatory minimum of 10 years in prison to a maximum of life.

The various narcotics counts carry sentences ranging from a mandatory minimum 5 years to a maximum of life and a fine up to $4 million. The Court must impose a reasonable sentence under the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorneys Andrew Porter, Nancy DePodesta and Tinos Diamantatos.