UNITED STATES OF AMERICA U N D E R S E A L - against - AFFIDAVIT IN SUPPORT

NBP:SLD F.# 2003R01382 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA U N D E R S E A L - against - AFFIDAVIT IN SUPPORT MICHAEL ADAMS, OF ARREST WARRANTS also known as Big Man and Bowser, (21 U.S.C. 963) ERROLDO WEATHERLY, also known as Junior and Dapper, TYRONE BROWNE, also known as T, GARY LALL, also known as Indian, ERROL SMALL, JUNIOR BARNETT, GLADSTONE BLAIR, MICHAEL ERSKINE, TERON FOSTER, also known as Ron, MARK GAUNTLETT, CLEVELAND GREEN, PRIESTLY GREEN, ANTHONY GULSTON, JULIO MARINO, LLOYD MCKEND, RICHARD PITCHER, also known as Rags, DENNIS JOHNSON, JUNIOR ROBINSON, RAFAEL RODRIGUEZ, MARK SANDY, SELWYN SMITH, STEPHENSON WATSON, GLADSTONE WHYTE, MICHAEL WILLIAMS and EGLAN YOUNGE, Defendants. - - - - - - - - - - - - - - - - - - - X EASTERN DISTRICT OF NEW YORK, SS:

2 JOSEPH CANGRO, being duly sworn, deposes and says that he is a Special Agent with the United States Immigration and Customs Enforcement (the ICE, formerly the United States Customs Service), duly appointed according to law and acting as such. Upon information and belief, in or about and between August 2002 and November 27, 2003, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants MICHAEL ADAMS, also known as Big Man and Bowser, ERROLDO WEATHERLY, also known as Junior and Dapper, TYRONE BROWNE, also known as T, GARY LALL, also known as Indian, ERROL SMALL, JUNIOR BARNETT, GLADSTONE BLAIR, MICHAEL ERSKINE, TERON FOSTER, also known as Ron, MARK GAUNTLETT, CLEVELAND GREEN, PRIESTLY GREEN, ANTHONY GULSTON, JULIO MARINO, LLOYD MCKEND, RICHARD PITCHER, also known as Rags, DENNIS JOHNSON, JUNIOR ROBINSON, RAFAEL RODRIGUEZ, MARK SANDY, SELWYN SMITH, STEPHENSON WATSON, GLADSTONE WHYTE, MICHAEL WILLIAMS and EGLAN YOUNGE, together with others, did knowingly and intentionally conspire to import a controlled substance into the United States from a place outside thereof, which offense involved five kilograms or more of a substance containing cocaine, a Schedule II controlled substance, in violation of Title 21, United States Code, Section 952(a).

3 (Title 21, United States Code, Sections 963, 960(b)(1)(B)(ii); Title 18, United States Code, Sections 3551 et seq.) The source of your deponent's information and the grounds for his belief are as follows: I. Qualifications and Sources of Information 1. I have been a Special Agent with the United States Immigration and Customs Enforcement Agency ( ICE, formerly the United States Customs Service) for approximately three years. 1/ Through my work with ICE, I have participated in numerous narcotics investigations during the course of which I have conducted physical and wire surveillance, executions of search warrants, and reviews and analyses of taped conversations and records of drug traffickers. Through my training, education and experience -- which has included debriefing cooperating drug traffickers, monitoring wiretapped conversations of drug traffickers, and conducting surveillance on numerous occasions of individuals engaged in drug trafficking -- I have become familiar with the manner in which illegal drugs are imported and distributed, the method of payment for such drugs, and the efforts of persons involved in such activity to avoid detection by law enforcement, including the use of coded language by those 1/ Immediately prior to my position with the ICE as a Special Agent, I was an Inspector with the United States Customs Service for approximately five years.

4 individuals in an effort to disguise the subject matter of their conversations. 2. The facts set forth in this affidavit are based in part on information that I have learned from review of written documents prepared by, and conversations with, members of ICE, the Drug Enforcement Administration (the DEA ), officers of the Port Authority of New York and New Jersey Police Department (the PAPD ) and other law enforcement agencies, and from review of various documents obtained by subpoena, request or database searches. More specifically, in the portions of this affidavit that describe intercepted wire communications, virtually all of the information, unless otherwise indicated, is based upon my review of line sheets created by the monitoring agents who intercepted the telephone call. Furthermore, in the portions below that describe surveillance, all surveillance was conducted by officers assigned to either ICE, DEA, or PAPD, including myself. The observations of the other involved law enforcement agents have been related to me to supplement the activities that I personally observed. 3. In this Affidavit, I have described portions of certain telephone conversations that were intercepted with the consent of one of the participants or during the course of court-authorized wire surveillance. I have not, however, summarized every pertinent intercepted call, nor have I included every pertinent part of the call that I have summarized.

5 Moreover, any transcripts of intercepted calls are preliminary and in draft form. As such, the summaries set forth in this affidavit are preliminary in nature. My opinions concerning the meaning of coded or veiled conversations are based on my training and expertise developed as a result of investigating the distribution of controlled substances and my discussions with other experienced law enforcement officers. 4. Unless otherwise indicated, identifications of individuals on the wire intercepted communications in this investigation were made through name and voice identifications of the defendants made by the law enforcement agents monitoring the wire interceptions. Agents initially identified each interceptee through the interceptee s identification of himself or herself by name during the course of the conversation in conjunction with available subscriber information. Thereafter, agents would identify the interceptee through either the use of their name or voice identification based upon comparisons with prior interceptions of that individual. 5. As set forth in the paragraphs below, I believe there is probable cause to believe that the defendants MICHAEL ADAMS, also known as Big Man and Bowser, ERROLDO WEATHERLY, also known as Junior and Dapper, TYRONE BROWNE, also known as T, GARY LALL, also known as Indian, ERROL SMALL, JUNIOR BARNETT, GLADSTONE BLAIR, MICHAEL ERSKINE, TERON FOSTER, also known as Ron, MARK GAUNTLETT, CLEVELAND GREEN, PRIESTLY GREEN,

6 ANTHONY GULSTON, JULIO MARINO, LLOYD MCKEND, RICHARD PITCHER, also known as Rags, DENNIS JOHNSON, JUNIOR ROBINSON, RAFAEL RODRIGUEZ, MARK SANDY, SELWYN SMITH, STEPHENSON WATSON, GLADSTONE WHYTE, MICHAEL WILLIAMS and EGLAN YOUNGE, are involved in the trafficking of narcotics, including cocaine and marihuana. 2/ II. The Organization 6. This investigation has been aimed at dismantling an internal conspiracy between employees at John F. Kennedy International Airport, Queens, New York ( JFK Airport ) who are assisting in the importation of narcotics from Guyana, Jamaica, Bermuda, and other places. 7. Based upon my training and experience, and my discussions with other law enforcement officers, I know that these types of conspiracies are particularly effective in the smuggling of contraband into the United States. Oftentimes, the involved airport employees, such as baggage handlers and maintenance persons, have virtually unfettered and unsupervised access to arriving international flights prior to their routine inspection by federal authorities. As such, these individuals are able to surreptitiously unload illegal merchandise, such as narcotics, from an arriving aircraft and transport it to another location for pickup. Moreover, while there are measures used to 2/ I have not set forth all facts known to me about this investigation and case, but only those facts that appear to me to be necessary to establish probable cause to believe that the defendants committed the charged offense.

7 observe their movements, such as closed circuit cameras, the employees are often familiar with such measures and are able to tailor their criminal activities to avoid observation. Finally, because they are so effective, these types of conspiracies are often entrusted with multi-kilogram quantities of narcotics, much larger than that which is typically attempted to be brought into the United States by a single narcotics courier. 8. To date, the investigation has identified the defendant MICHAEL ADAMS, as one of the directors of this narcotics organization, which is comprised of corrupt airport employees who divert luggage and cargo containing large amounts of narcotics, including cocaine and marihuana. Relevant to this complaint, agents have identified several other key members of the organization and their sources of supply of controlled substances, based in part on surveillance and court-authorized interception of wire communications. Moreover, as explained in more detail below, as a result of the investigation, agents have been able to seize quantities of cocaine and marihuana that are directly connected to this organization. Based on the investigation, agents have determined that the roles of the defendants are as follows: (a) The defendant MICHAEL ADAMS, also known as Big Man and Bowser, is the director of a group of corrupt airport employees, responsible for the coordination of their activities

8 with regard to the diversion of narcotics off of arriving international flights at JFK Airport. This investigation has also established that ADAMS is involved in the domestic transportation of large quantities of marihuana. ADAMS is a baggage handler employed by Globe Ground North American and assigned to British Airways at JFK Airport. 3/ The interception of wire communications in this case, telephone analysis and a review of records have established ADAMS involvement in the January 23, 2003 importation of approximately 17 kilograms of cocaine, several attempted narcotics importations, a narcotics deal in August of 2003 involving approximately 1,575 pounds of marihuana, the September 14, 2003 importation of approximately 25 kilograms of marihuana, the September 20, 2003 importation of approximately 185 kilograms of cocaine, the October 5, 2003 importation of approximately 77 kilograms of marihuana, and the October 24, 2003 importation of approximately 16.5 kilograms of cocaine. The probable cause to arrest the defendant ADAMS is detailed below in paragraphs 12-84. (b) The defendant ERROLDO WEATHERLY, also known as Junior and Dapper, is a corrupt baggage handler at JFK Airport who works for Evergreen Eagle, 4/ responsible for 3/ Globe Ground North American is an independent contractor that is hired by different airlines to perform various services for them, from cleaning services to baggage handling. 4/ Evergreen Eagle, like Globe Ground North American, is an independent contractor that is hired by different airlines to

9 coordinating the activities of other airport employees with regard to the diversion of illegal narcotics off of arriving international flights. The interception of wire communications in this case, telephone analysis and a review of records have established that WEATHERLY was involved in the January 23, 2003 importation of approximately 17 kilograms of cocaine, several attempted narcotics importations, the September 20, 2003 importation of approximately 185 kilograms of cocaine, and the October 24, 2003 importation of approximately 16.5 kilograms of cocaine. The probable cause to arrest the defendant WEATHERLY is detailed below in paragraphs 12-38, 42-47, 50, 51, 53, 54, 56, 68-70, 81 and 83. (c) The defendant TYRONE BROWNE, also known as T, is a former JFK Airport employee 5/ who facilitates the importation of narcotics into the United States by acting as a liaison between foreign drug suppliers and the defendant MICHAEL ADAMS. Interception of wire communications in this case, telephone analysis and a review of records have established that BROWNE was involved in the September 20, 2003 importation of approximately 185 kilograms of cocaine, the October 24, 2003 importation of approximately 16.5 kilograms of cocaine, and the November 4, 2003 perform various services. 5/ According to records maintained by the PAPD, the defendant TYRONE BROWNE was an employee of Hudson General, a contract company like Evergreen Eagle.

10 importation of approximately 11 kilograms of cocaine. The probable cause to arrest the defendant BROWNE is detailed below in paragraphs 48-49, 52, 54, 55, 67-69 and 104-108. (d) The defendant GARY LALL, also known as Indian, is a corrupt baggage handler at JFK Airport who works for American Airlines and is responsible for coordinating the activities of other airport employees with regard to the diversion of illegal narcotics off of arriving international flights, as well as their distribution. Interception of wire communications over his telephone, telephone analysis and a review of records have established that LALL was involved in the October 7, 2003 importation of approximately 6.87 pounds of marihuana and the October 13, 2003 importation of approximately 77.8 pounds of marihuana. Interceptions have also revealed the defendant LALL to be involved in the distribution of narcotics and the planning of importations, such as the one on October 7, 2003, which was described by the LALL as a test run, in which he compromised a baggage container to be used as a vessel to smuggle narcotics into the United States. Furthermore, during one interception over a telephone used by LALL, he explained to an associate, in sum and substance, that he has been involved in this activity since 1994. The probable cause to arrest the defendant LALL is detailed below in paragraphs 66 and 81-103.

11 (e) The defendant ERROL SMALL, a corrupt crew chief/supervisor for Evergreen Eagle at JFK Airport, is responsible for supervising the scheduling and activities of the baggage handlers in his crew. Interception of wire communications in this case and surveillance have established that SMALL has worked for the defendant ERROLDO WEATHERLY in the past, was recruited to work an attempted importation on September 1, 2003 and was involved in the September 20, 2003 importation of approximately 185 kilograms of cocaine. The probable cause to arrest the defendant SMALL is detailed below in paragraphs 43-45 and 54. (f) The defendant JUNIOR BARNETT, a corrupt warehouse manager for Evergreen Eagle at JFK Airport, is responsible for supervising the scheduling and activities of the cargo warehouse. Interception of wire communications in this case and surveillance have established that BARNETT was involved in the September 20, 2003 importation of approximately 185 kilograms of cocaine. The probable cause to arrest the defendant BARNETT is detailed below in paragraphs 50, 53 and 54. (g) The defendant GLADSTONE BLAIR is a corrupt airport employee working for Swissport USA, Inc. 6/ at JFK Airport who assists the organization with the diversion of illegal narcotics 6/ Swissport USA, Inc., like Globe Ground North American and Evergreen Eagle, is an independent contractor that is hired by different airlines to perform various services.

12 off of arriving international flights. Interception of wire communications in this case and surveillance have established that BLAIR was involved in the October 5, 2003 importation of approximately 77 kilograms of marihuana. Interceptions have also captured the defendant BLAIR involved in narcotics trafficking discussions with the defendant MICHAEL ADAMS. The probable cause to arrest the defendant BLAIR is detailed below in paragraphs 71, 72 and 76. (h) The defendant MICHAEL ERSKINE is a corrupt airport employee working for both American Airlines and Evergreen Eagle who assists the organization with the diversion of illegal narcotics off of arriving international flights at JFK Airport. Interception of wire communications in this case and surveillance have established that ERSKINE was involved in the October 5, 2003 importation of 77 kilograms of marihuana. Interceptions in this case have also captured discussions between ERSKINE and the defendant MICHAEL ADAMS in which the two discuss future narcotics importations off of arriving international flights from Jamaica and Venezuela. The probable cause to arrest the defendant ERSKINE is detailed below in paragraphs 73-75. (i) The defendant TERON FOSTER, also known as Ron, is an associate of the defendant MICHAEL ADAMS. Interception of wire communications in this case have established that FOSTER, who has been previously arrested on a narcotics charge, has

13 worked for the defendant MICHAEL ADAMS for some time and have captured conversations between FOSTER and ADAMS in which the two discuss future importations of narcotics off of arriving international flights from Jamaica. The probable cause to arrest the defendant FOSTER is detailed below in paragraphs 61 and 62. (j) The defendant MARK A. GAUNTLETT is a customer of the organization and responsible for the distribution of the narcotics he receives. Interception of wire communications in this case have captured GAUNTLETT discussing future importations of narcotics off of arriving international flights from Jamaica with the defendant MICHAEL ADAMS. Interceptions have also captured GAUNTLETT brokering a narcotics transaction between one of his contacts and ADAMS. The probable cause to arrest the defendant GAUNTLETT is detailed below in paragraphs 77 and 78. (k) The defendant CLEVELAND GREEN is a corrupt airport employee working for Evergreen Eagle at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case and surveillance have established that GREEN was involved with the September 20, 2003 importation of approximately 185 kilograms of cocaine. The probable cause to arrest the defendant GREEN is detailed below in paragraphs 54 and 56-59.

14 (l) The defendant PRIESTLY GREEN is a former employee for American Airlines at JFK Airport who is currently assisting the organization with the diversion of illegal narcotics off of arriving international flights at Miami International Airport, with an ultimate destination of New York. Interception of wire communications in this case have captured conversations between GREEN and the defendant MICHAEL ADAMS in which the two discuss future importations of narcotics off of arriving international flights from Venezuela, among other places. The probable cause to arrest the defendant GREEN is detailed below in paragraphs 79 and 80. (m) The defendant ANTHONY GULSTON is a corrupt airport employee working for American Airlines at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between GULSTON and the defendant GARY LALL in which the two discuss future importations of narcotics off of arriving international flights. The probable cause to arrest the defendant GULSTON is detailed below in paragraphs 95 and 96. (n) The defendant JULIO MARINO is a corrupt airport employee working for American Airlines at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire

15 communications in this case have captured conversations between MARINO and the defendant GARY LALL in which the two coordinate the importation of 6.87 pounds of marihuana off of an arriving international flight from Bermuda on October 7, 2003. The probable cause to arrest the defendant MARINO is detailed below in paragraphs 102 and 103. (o) The defendant LLOYD MCKEND is a corrupt airport employee working for Flying Foods Services, Inc., 7/ at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case and a review of records have established MCKEND s involvement in the November 4, 2003 importation of approximately 11 kilograms of cocaine off of an arriving flight from Guyana. The probable cause to arrest the defendant SMITH is detailed below in paragraphs 106-109. (p) The defendant RICHARD PITCHER, also known as Rags, is an associate of the defendant GARY LALL and, at times, is responsible for arranging the importation of narcotics to be diverted by LALL and members of his crew. Interception of wire communications in this case have captured conversations between PITCHER and the defendant GARY LALL in which the two discuss narcotics trafficking. In one conversation, detailed below, LALL 7/ Flying Foods is a catering company contracted by various airlines to provide their flights with food and beverages.

16 makes a request to PITCHER that, on a future importation, the suppliers put the drugs in a back pack to make it easier for him. The probable cause to arrest the defendant PITCHER is detailed below in paragraphs 85-91. (q) The defendant DENNIS JOHNSON is a corrupt airport employee working for Delta Airlines at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between JOHNSON and the defendant MICHAEL ADAMS in which the two discuss narcotics trafficking. In one conversation, detailed below, the JOHNSON informs ADAMS that they are on the news, referring to news broadcasts about a seizure of 1,575 pounds of marihuana on August 12, 2003. The probable cause to arrest the defendant JOHNSON is detailed below in paragraphs 38 and 63. (r) The defendant JUNIOR ROBINSON is an associate of the defendant TYRONE BROWNE. Interception of wire communications in this case have captured conversations between ROBINSON and the defendant TYRONE BROWNE in which the two discuss narcotics trafficking, including the November 4, 2003 importation of 11 kilograms of cocaine. The probable cause to arrest the defendant ROBINSON is detailed below in paragraphs 104-107. (s) The defendant RAFAEL RODRIGUEZ is a corrupt airport employee working for American Airlines at JFK Airport who assists

17 the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between RODRIGUEZ and the defendant GARY LALL in which the two discuss narcotics trafficking. In one conversation, detailed below, the two discuss the seizure of the 6.87 pounds of marihuana off of an arriving international flight from Bermuda on October 7, 2003. The probable cause to arrest the defendant RODRIGUEZ is detailed below in paragraphs 97-101. (t) The defendant MARK SANDY is a corrupt airport employee working for Delta Airlines at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between SANDY and the defendant LALL in which the two discuss narcotics trafficking. For example, in one conversation detailed below, SANDY and LALL discuss the viability of importing narcotics at two locations on the aircraft at the same time. The probable cause to arrest the defendant SANDY is detailed below in paragraphs 92-94. (u) The defendant SELWYN SMITH is a corrupt airport employee working for Flying Foods Services, Inc., 8/ at JFK Airport who assists the organization with the diversion of 8/ Flying Foods is a catering company contracted by various airlines to provide their flights with food and beverages.

18 illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between SMITH and the defendants ADAMS and BROWNE in which the two discuss narcotics trafficking. Those conversations have established SMITH s involvement in the September 1, 2003 attempted importation of narcotics and the November 4, 2003 importation of approximately 11 kilograms of cocaine off of an arriving flight from Guyana. The probable cause to arrest the defendant SMITH is detailed below in paragraphs 40, 41, 47, 104 and 106-109. (v) The defendant STEPHENSON WATSON is a corrupt airport employee working for Evergreen Eagle at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between WATSON and the defendant ERROLDO WEATHERLY that have established WATSON s involvement in the September 20, 2003 importation of approximately 185 kilograms of cocaine. The probable cause to arrest the defendant WATSON is detailed below in paragraphs 50, 51, 53 and 59. (w) The defendant GLADSTONE WHYTE, a terminated airport employee working for Swissport USA, Inc., Worldwide Security and FJC Security 9/, who is has been recently rehired by Delta 9/ Worldwide Security and FJC Security are independent contractors that is hired by different airlines to perform

19 Airlines, assists the organization with the diversion of illegal narcotics off of arriving international flights at JFK Airport. Interception of wire communications in this case have captured a conversation between WHYTE and the defendant ADAMS that establishes WHYTE s involvement in the September 20, 2003 importation of approximately 185 kilograms of cocaine. Moreover, previous surveillance by law enforcement have established WHYTE s involvement in the importation of 167 pounds of marihuana on November 7, 2002. The probable cause to arrest the defendant WHYTE is detailed below in paragraph 60. (x) The defendant MICHAEL WILLIAMS is a corrupt airport employee working for United Airlines at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Interception of wire communications in this case have captured conversations between WILLIAMS and the defendants ADAMS and LALL in which they discuss narcotics trafficking. For example, in one conversation described below, WILLIAMS discusses a narcotics seizure with ADAMS that was caused, in WILLIAM s opinion, because the involved employee was selfish, that is to say, he did not inform the other employees about the deal. The probable cause to arrest the defendant WILLIAMS is detailed below in paragraphs 64-66. security services.

20 (y) The defendant EGLAN YOUNGE is a corrupt airport employee working for Evergreen Eagle at JFK Airport who assists the organization with the diversion of illegal narcotics off of arriving international flights. Based upon surveillance and witness interviews, law enforcement has established that YOUNGE was involved in the September 20, 2003 seizure of approximately 185 kilograms of cocaine, as well as a number of previous cocaine seizures. The probable cause to arrest the defendant YOUNGE is detailed below in paragraphs 17, 54 and 58. I. The Investigation 12. This investigation began in October of 2002, following the analysis of recent cocaine seizures at JFK Airport that were either discovered in leftover baggage or on the aircraft. Based upon my training and experience, and my discussion with other law enforcement officers, I know that these types of seizures are often the result of failed attempts by an internal conspiracy to remove narcotics from an arriving international flight. 13. In particular, between August 2002 and October 2002, five large quantities of cocaine were seized by the ICE pursuant to the border search authority (19 U.S.C. 1581 and 1582) off of flights from Universal Airlines ( Universal ), a company which flies exclusively to Guyana, with occasional transit points along the way. Four of the seizures, collectively totaling approximately 109 kilograms of cocaine, were made from suitcases. The fifth seizure of cocaine, in the amount of 53 kilograms, was made on

21 October 25, 2002 from the top of a baggage container, which is a box used by baggage handlers to transport luggage from the airplane to another location. It is noteworthy that both the luggage and the baggage container from which the narcotics were seized are all accessible to baggage handlers. Indeed, it is their job to handle these items and transport them from the arriving airline to the terminal at the airport. 14. At the time of some these seizures, law enforcement interviewed the airport employees who were responsible with processing the airline upon which the narcotics were carried. However, no arrests were made of any of these employees. 15. Based upon the foregoing analysis, beginning in October, 2002, periodic surveillance was conducted on arriving Universal flights which originated in Guyana and arrived at JFK Airport. During one such surveillance, on January 23, 2003, I observed the baggage containers being unloaded off of one such Universal flight, recently arrived from Guyana. After it was taken off the aircraft, I observed the baggage containers being driven to the baggage carousel (the motorized beltway that transports passengers luggage into the airport facility for inspection and the passengers to claim). After a time, I observed a baggage handler working for Evergreen Eagle 10/ drive a tug (the small 10/ Evergreen Eagle is an independent contractor that is hired by different airlines to perform various services for them, from cleaning services to baggage handling. Universal is a client of Evergreen Eagle.

22 motorized vehicle used to pull airline cargo), with three of the luggage containers attached, away from the baggage carousel. That employee was surveilled by law enforcement and followed to the cargo staging area on the tarmac, where empty luggage containers are left. The employee left the container at the cargo staging area and drove away in the tug. After he drove away, law enforcement inspected the container he had just left behind and found a backpack inside. A subsequent search of the backpack revealed it to contain 16 brick-shaped packages wrapped in masking tape. Inside the bricks was a white-powdery substance that fieldtested positive for the presence of cocaine. The total gross weight of the cocaine recovered from the backpack was approximately 17 kilograms. 16. The employee was stopped subsequently by law enforcement and arrested. Following his arrest, he was informed of his Miranda rights, waived his rights and agreed to cooperate with law enforcement. In response to questions, the employee stated, in sum and substance, that he was a member of a narcotics conspiracy being operated by the defendant ERROLDO WEATHERLY. 11/ Although the employee stated that this was his first time working for WEATHERLY, 11/ The employee, through his accent, pronounced WEATHERLY s name as Elarado Wheately (phonetically). Subsequent investigation, including surveillance and review of records provided by the PAPD and Department of Motor Vehicles confirmed the identity of the individual to be the defendant ERROLDO WEATHERLY. I believe that the employee knew the name, but was simply having difficulty pronouncing it.

23 he understood that WEATHERLY has been responsible for diverting luggage off of arriving international flights for some time. Although he did not know the contents of the luggage that had previously been diverted, he assumed it was narcotics. He further stated that WEATHERLY and/or members of his organization divert luggage in this way as frequently as three times a week. 12/ 17. The employee continued to explain to law enforcement his role in the instant offense and that of others involved in the conspiracy. In particular, he stated that he was supposed to be assisted that night by another airport employee he identified as Edgar Younge. He further stated that Younge had been involved in a previous attempt to smuggle narcotics into the United States through the use of a baggage container. The events described by the employee exactly match the October 25, 2002 seizure of 53 kilogram of cocaine made by the ICE from the top of a baggage container. See 13, supra. Based upon the investigation that has been conducted thus far, I believe that Edgar Younge is the defendant EGLAN YOUNGE. Indeed, YOUNGE is a baggage handler currently employed by Evergreen Eagle at JFK Airport. As such, 12/ It is important to note that the employee was initially cooperating with the government, and was able to provide information concerning the illegal activities of the defendant ERROLDO WEATHERLY. However, following his arrest, the employee has refused to accept responsibility for his crimes. Specifically, the employee is attempting to minimize his role in the offense for which he was arrested. At one point, at the request of the employee s defense counsel, the district court ordered a competency examination. The employee has since been found competent and is awaiting trial.

24 YOUNGE enjoys the same access to arriving international flights as do the other airport employee defendants. Second, records maintained by the PAPD establish that YOUNGE was at work during the seizure of narcotics at JFK Airport on January 23, 2003. In short, the employee s allegations of YOUNGE s involvement in the narcotics conspiracy have been corroborated. It is believed that he simply mispronounced YOUNGE s first name. 18. With respect to the instant offense, the employee stated that he agreed to take the luggage containing the narcotics from the baggage room to the cargo staging area, for which he was to be paid. He explained that once he had successfully transported the narcotics, he was instructed to contact WEATHERLY. The employee agreed to make a monitored telephone call to WEATHERLY. 19. I have been informed by the PAPD that WEATHERLY is, like the employee, an employee of Evergreen Eagle at JFK Airport. As part of his official duties, WEATHERLY has the ability to access international flights prior to their clearance and inspection. 20. The telephone number that the employee had been given to contact WEATHERLY, and which he called subsequently to contact WEATHERLY, was (347) 512-6594, a cellular telephone issued by SPRINT with Electronic Serial Number 440ABE0D, subscribed to by the SUBJECT INDIVIDUAL SEYMOUR ELLIS, with an address of 672 Remsen Avenue, Brooklyn, New York, 11236 (the WEATHERLY TELEPHONE ). 21. On January 23, 2003, at 9:15 p.m., law enforcement placed a call to the WEATHERLY TELEPHONE, upon which the employee

25 spoke with an individual he subsequently identified as WEATHERLY. During the ensuing conversation, which was recorded by law enforcement, the two discussed their narcotics smuggling arrangement. WEATHERLY began the conversation by asking the employee if he was in trouble and if he was stopped today. When the employee told him he was not, WEATHERLY persisted, asking him: You didn t get stopped today?. Once again, the employee explained to WEATHERLY that everything was fine. Ultimately, appearing to be placated, WEATHERLY asked him, where the food at... where the food is? The employee responded that it was in the other can... the same can you told me, right? But it s locked, bro. Based upon my training and experience, and the investigation that has been conducted thus far, I believe that WEATHERLY s discussion of the food is a coded reference to the cocaine that was seized by law enforcement earlier in the day. The employee s response, that it is in the can you told me, is his way of explaining to WEATHERLY that the narcotics are in the container in which he had previously been told to place them. I further believe that WEATHERLY s question to the employee whether he was in trouble or stopped today is a coded reference to whether he was intercepted by law enforcement. 22. After receiving this information from the employee, WEATHERLY had a male individual he identified as RICO get on the telephone to give the employee another number to call him at because, as he explained it, the batteries on his telephone were

26 dead. RICO then got on the telephone and gave him the following telephone number to call: 347-451-1208 (the RICO TELEPHONE ). 23. Soon after the conversation between WEATHERLY and the employee ended on the WEATHERLY TELEPHONE, law enforcement placed a call to the RICO TELEPHONE at 9:20 p.m. The individual previously identified as WEATHERLY answered and spoke with the employee. During the ensuing conversation, which was recorded by law enforcement, WEATHERLY again asked him one more time about whether he was in trouble. Specifically, WEATHERLY told the employee, Yo, I heard somebody got stopped. They were checkin I.D.s and [explitive]. WEATHERLY further told the employee that he heard that he was stopped. The employee denied it, advising WEATHERLY to [t]ell em - they got the wrong person then. WEATHERLY appeared satisfied with this explanation, telling him, Alright, ah, alright, ah, I- I ll call- I tell- I ll tell em to eat the food, um tomorrow mornin. The conversation soon ended, after the employee asked WEATHERLY when he was going to get my money. Based upon my training and experience, and the investigation that has been conducted thus far, I believe that this conversation was in furtherance of WEATHERLY and the employee s agreement to smuggle narcotics and their previous conversation. Specifically, I believe that WEATHERLY s statement that he is going to tell them to eat the food is a coded reference to the employee that he is going to tell his people to go and get the narcotics that he deposited in the pre-arranged location. I further believe

27 that WEATHERLY s repeated questioning of the employee as to whether he was stopped is a reference to whether he was intercepted by law enforcement. Moreover, the fact that WEATHERLY heard that the employee was stopped, corroborates my belief that this conspiracy involves several other individuals at the airport. 24. Despite his protestations to the contrary, it appeared that WEATHERLY did not believe the employee s claim that he was not arrested no one appeared the following morning to retrieve the narcotics. Moreover, four days later, on January 27, 2003, an individual contacted SPRINT and requested that a new telephone number be assigned to the WEATHERLY TELEPHONE. In response, SPRINT assigned (347) 528-0000 to the WEATHERLY TELEPHONE, the ESN and subscriber information was unchanged. 13/ 25. In an effort to identify the other members of this conspiracy, law enforcement reviewed the toll records for the WEATHERLY TELEPHONE. According to those records, on January 23, 2003, the date in which the ICE seized approximately 17 kilograms of cocaine and arrested the employee, telephone number (917) 407-8901, which is subscribed to the defendant MICHAEL ADAMS (the ADAMS TELEPHONE 1 ) had 20 contacts with the WEATHERLY TELEPHONE. Based upon my training and experience and the investigation that has been conducted thus far, I believe that 13/ For the sake of consistency, I refer to the telephone used by WEATHERLY with the subsequently assigned telephone number as the WEATHERLY TELEPHONE.

28 ADAMS was in contact with the defendant ERROLDO WEATHERLY that day to coordinate the narcotics smuggling operation. I base my belief on several factors. First, I have been informed by the PAPD that ADAMS is a baggage handler employed by Globe Ground North American, assigned to British Airways at JFK Airport. 14/ As such, like the majority of the other defendants in this case, ADAMS has virtually unfettered access to arriving international flights. Second, the majority of the telephone calls between the WEATHERLY TELEPHONE and the ADAMS TELEPHONE 1 were made on or about the time that the Universal flight carrying the narcotics landed at JFK Airport, around 5:52 p.m. 15/ Third, it is my belief that these contacts were made in furtherance of the narcotics conspiracy, rather than legitimate work-related matters at the airport, because, according to ADAMS time card, he checked out of work that day at 12:38 p.m., five hours before the Universal flight arrived. Moreover, despite the fact that he was no longer at work, a vehicle registered to ADAMS entered a Port Authority Parking lot at JFK Airport at 5:20 p.m., approximately thirty-two 14/ Globe Ground North American, like Evergreen Eagle and Worldwide Flight Services, is an independent contractor that is hired by different airlines to perform various services. 15/ After the Universal flight carrying the narcotics arrived at JFK Airport on January 23, 2003 at 5:52 p.m., the WEATHERLY TELEPHONE and the ADAMS TELEPHONE 1 were in contact at 6:04 p.m. for 39 seconds, 6:14 p.m. for 63 seconds, 6:16 p.m. for 49 seconds, 6:19 p.m. for 5 seconds, 6:19 p.m. for 66 seconds, 6:24 p.m. for 98 seconds, 6:35 p.m. for 136 seconds, 6:46 p.m. for 154 seconds, 6:55 p.m. for 172 seconds, and 6:58 p.m. for 91 seconds. The narcotics were seized at about 7:00 p.m.

29 minutes before the Universal flight carrying the narcotics arrived. Aside from the timing of this event, this fact is significant because, as an airport employee, ADAMS has access to free employee parking at JFK Airport. I believe that the decision of ADAMS not to use that parking is indicative of his true purpose for going to JFK Airport to assist WEATHERLY. Finally, according to the toll records I have reviewed, the last contact between the WEATHERLY TELEPHONE and the ADAMS TELEPHONE was at about 8:57 p.m., almost two hours after the drugs were seized by law enforcement. Soon after, at about 9:07 p.m., ADAMS vehicle exited the Port Authority Parking lot. Based upon the foregoing, I believe that ADAMS was at JFK Airport on January 23, 2003 with the intent to assist WEATHERLY in the narcotics smuggling operation of that day. However, once he learned that the employee and the drugs were seized, he left the airport. B. THE TITLE III INTERCEPTIONS OF WIRE COMMUNICATIONS 26. This investigation has included the courtauthorized interception of wire communications in this district on telephones used by the defendants MICHAEL ADAMS, also known as Big Man and Bowser, ERROLDO WEATHERLY, also known as Junior and Dapper, TYRONE BROWNE, also known as T, and GARY LALL, also known as Indian, as set forth below. 27. On July 10, 2003, U.S. District Court Judge Raymond J. Dearie, Eastern District of New York, signed an order authorizing the interception of wire communications over the

30 WEATHERLY TELEPHONE. Monitoring of the WEATHERLY TELEPHONE began on July 10, 2003 and ceased on or about November 13, 2003. 16/ 28. On August 1, 2003, Judge Dearie signed an order authorizing the interception of wire communications over the telephones being used by the defendant MICHAEL ADAMS, specifically, the ADAMS TELEPHONE 1, as identified above, and mobile telephone number (347) 513-9204, bearing IMSI No. 310260400626630, a T-Mobile pre-paid cellular telephone with no available subscriber information (the ADAMS TELEPHONE 2 ). Monitoring of the ADAMS TELEPHONE 1 and ADAMS TELEPHONE 2 began on August 1, 2003 and August 4, 2003, respectively. Interceptions of the wire communications over the ADAMS TELEPHONE 1 ceased on or about October 28, 2003. Interceptions over the ADAMS TELEPHONE 2 ceased on or about November 27, 2003. 17/ 29. On September 29, 2003, Judge Dearie signed an order authorizing the interception of wire communications over a telephone used by the defendant TYRONE BROWNE, also known as T, 16/ On August 18, 2003, the Honorable John Gleeson, United States District Judge, Eastern District of New York, signed an order authorizing the continued interception of wire communications over the WEATHERLY TELEPHONE. On September 16, 2002, Judge Dearie signed a similar order in regard to the WEATHERLY TELEPHONE further authorizing the continued interception. 17/ On August 29, 2003 and September 29, 2003, Judge Dearie signed orders authorizing the continued interception of wire communications over the ADAMS TELEPHONE 1 and ADAMS TELEPHONE 2. On October 28, 2003, Judge Dearie signed an order authorizing the continued interception of wire communications over the ADAMS TELEPHONE 2.

31 with assigned mobile telephone number (347) 256-2296, bearing ESN 65603D3F, subscribed to in the name of Tyrone Browne, 14554 Shore Avenue, Jamaica, New York 11435 (the BROWNE TELEPHONE"). Monitoring of the BROWNE TELEPHONE began on September 29, 2003, respectively, and ceased on or about November 27, 2003. 18/ 30. On September 4, 2003, Judge Dearie signed an order authorizing the interception of wire communications over a telephone being used by the defendant GARY LALL, with assigned mobile telephone number (917) 501-6678, bearing ESN 51E15A31, subscribed to in the name of Ann Ramprasad-Lall, 1029 B 31 st Street, Far Rockaway, New York 11691 (the LALL TELEPHONE ). 19/ Monitoring of the LALL TELEPHONE began on September 5, 2003 and ceased on or about November 29, 2003. 20/ 31. Based upon my training and experience, I believe the below-described telephone conversations, intercepted over the WEATHERLY TELEPHONE, ADAMS TELEPHONE 1 and 2, BROWNE TELEPHONE, and LALL TELEPHONE, as indicated, are in furtherance of drug- 18/ On October 28, 2003, Judge Dearie signed an order authorizing the continued interception of wire communications over the BROWNE TELEPHONE. 19/ Identification of the user of the LALL TELEPHONE to be the defendant GARY LALL, also known as Indian, was made through a combination of voice identification, self-identification and corroboration by surveillance. 20/ On October 2, 2003 and October 31, 2003, Judge Dearie signed an order authorizing the continued interception of wire communications over the LALL TELEPHONE.

trafficking and other criminal activities of the defendants and their associates. 21/ a. The Attempted Narcotics Importation of July 17, 2003 32. On July 17, 2003 at approximately 7:17 p.m [Session Number 733], monitoring agents intercepted a telephone conversation over the WEATHERLY TELEPHONE between the defendants ERROLDO WEATHERLY and MICHAEL ADAMS, placed by ADAMS. At the start of the conversation, WEATHERLY tells ADAMS that it is around. ADAMS, however, seems interested in something else, asking WEATHERLY if [t]hose people around too? WEATHERLY replies that he does not see them, but they are in the system. ADAMS then goes back to the original topic, asking WEATHERLY whether [i]t reach[ed] the gate yet already, to which WEATHERLY replies, [n]ot as yet. At that point, ADAMS goes back to his original concern, telling WEATHERLY, Okay, but you don t see any of those boys as yet? WEATHERLY replies, Not as yet. Based upon my training and experience, and the investigation that has been conducted thus far, I believe that WEATHERLY and ADAMS are discussing an ongoing attempt to illegally import narcotics into 32 21/ Not all relevant calls intercepted over the above-identified telephones are described herein. Moreover, for those calls described, not all relevant portions of such conversations have been described, but have been presented in substance and in part. To the extent that quotations are used in the descriptions below, the quoted segments are based on line sheets and reviews of recordings and not final transcripts. Also, all dates and times are approximate and based on the monitoring equipment at the time the call was intercepted.

33 the United States through an arriving international flight at JFK Airport. Specifically, I believe that WEATHERLY s report to ADAMS that it is around is a coded message to ADAMS that the airline carrying the narcotics has arrived. My belief is bolstered by the fact that, at 7:19 p.m., mere minutes after this conversation, Universal Flight 104 from Guyana arrived at JFK Airport. As detailed above and corroborated by the January 23, 2003 seizure of cocaine, among others, this organization uses Universal Flights to smuggle their narcotics into the United States. However, at the time this call was intercepted, the members of the conspiracy did not yet get the narcotics, because the airplane did not yet reach the gate. I further believe that ADAMS concerns over the presence of those people and those boys, is a coded reference to the presence of law enforcement at the scene, specifically Customs Inspectors. 33. Approximately thirty-six minutes later, at 7:53 p.m. [Session Number 741], monitoring agents intercepted another telephone conversation between the defendants ERROLDO WEATHERLY and MICHAEL ADAMS over the WEATHERLY TELEPHONE, also placed by ADAMS. During the ensuing conversation, WEATHERLY accuses ADAMS of giving him the wrong information. WEATHERLY explains, The thing that you gave me is not inside and when I realized where it is I could not catch it... You remember you told me ten things. And when I blood the cleet it was a number I was looking for. And when on it and burst the thing, it is packed... I

34 remember that only twelve things there. It s gone. It s gone. It s gone. I couldn t hold that one. Based upon my training and experience, and the investigation that has been conducted thus far, I believe that WEATHERLY is explaining to ADAMS that the narcotics that were supposed to be on this flight are missing. In sum and substance, WEATHERLY is telling ADAMS that he went to the container that was supposed to contain the narcotics, identified by a number ( it was a number I was looking for ), however, WEATHERLY quickly realized that it was the wrong container because, while it should have only contained a small number ( ten or twelve things ), possibly bags, it was packed. Aggravating the situation, by the time WEATHERLY realized it was the wrong container, he could not stop the other one from entering the airport for processing (at which point they would be unable to surreptitiously divert the luggage containing the narcotics): I couldn t hold that one. WEATHERLY chastises ADAMS, saying, You see, that s why I m telling you that when you do it like that you are burning up the food. I believe that WEATHERLY is complaining to ADAMS that the narcotics (the food ) will get lost ( burnt ) if they keep sending it like this. As explained later in the conversation, WEATHERLY has apparently been demanding that the narcotics be sent in cargo, rather than the baggage containers that were apparently used on this attempt: Yow, like I said, anything you are sending it is a must cargo or [expletive] it. If they down there [narcotics source country]