Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 1 of 7

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 v. ERIC ARTEZ MOSES, also known as Ugly E, also known as E, LESTER STANLEY AUSTIN III, also known as Stan, also known as Biggie, JOSHUA DRAKE, also known as Glue, KIMBERLY HALL, MASON ANTHONY HUDDLESTON, also known as Rat, also known as Dig, AARON PATRICK JONES, also known as Pat, BRIAN DAVID MARSH, also known as JV, also known as B, also known as Freeze, and JUAN LUIZ MATHIS, Defendants. : : : : : : : : : : : : : : : : : : : : : : : : : CRIMINAL NO. GRAND JURY ORIGINAL VIOLATIONS: 21 U.S.C. 846 (Conspiracy to Distribute and Possess with Intent to Distribute Five Kilograms or More of Cocaine and 280 Grams or More of Cocaine Base) 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii) (Unlawful Distribution of 28 Grams or More of Cocaine Base) 18 U.S.C. 924(c)(1) (Using, Carrying and Possessing a Firearm During a Crime of Violence or Drug Trafficking Offense) 21 U.S.C. 843(b) (Use of a Communication Facility) 18 U.S.C. 2 (Aiding and Abetting) 21 U.S.C. 853 (Criminal Forfeiture)

INDICTMENT The Grand Jury charges that: COUNT ONE From on or about September 2010, the exact date being unknown to the Grand Jury, and continuing thereafter up to and including August 11, 2011, within the District of Columbia, the State of Maryland, the Commonwealth of Virginia, the State of Texas, the State of Arizona, and

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 2 of 7

elsewhere, ERIC ARTEZ MOSES, also known as Ugly E, also known as E, LESTER STANLEY AUSTIN III, also known as Stan, also known as Biggie, JOSHUA DRAKE, also known as Glue, KIMBERLY HALL, MASON ANTHONY HUDDLESTON, also known as Rat, also known as Dig, AARON PATRICK JONES, also known as Pat, BRIAN DAVID MARSH, also known as JV, also known as B, also known as Freeze, and JUAN LUIZ MATHIS, did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together and with others known and unknown to the Grand Jury, to unlawfully, knowingly, and intentionally possess with intent to distribute and distribute a mixture and substance containing a detectable amount of cocaine, a Schedule II narcotic drug controlled substance, and the quantity of said mixture and substance was five kilograms or more, and a mixture and substance containing a detectable amount of cocaine base, in the form known as crack cocaine, a Schedule II controlled substance, and the quantity of said mixture and substance was 280 grams or more, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A)(ii) and 841(b)(1)(A)(iii). (Conspiracy to Distribute and Possess with Intent to Distribute Five Kilograms or More of Cocaine and 280 Grams or More of Cocaine Base, in violation of Title 21, United States Code, Section 846) COUNT TWO On or about September 28, 2010, within the District of Columbia, AARON PATRICK JONES did unlawfully, knowingly and intentionally distribute a mixture and substance containing a detectable amount of cocaine base, in the form known as crack cocaine, a Schedule II narcotic drug controlled substance, and the amount of said mixture and substance was 28 grams or more. (Unlawful Distribution of 28 Grams or More of Cocaine Base, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii))

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 3 of 7

COUNT THREE On or about October 8, 2010, within the District of Columbia, AARON PATRICK JONES did unlawfully, knowingly and intentionally distribute a mixture and substance containing a detectable amount of cocaine base, in the form known as crack cocaine, a Schedule II narcotic drug controlled substance, and the amount of said mixture and substance was 28 grams or more. (Unlawful Distribution of 28 Grams or More of Cocaine Base, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii)) COUNT FOUR On or about June 27, 2011, within the District of Columbia, ERIC ARTEZ MOSES and KIMBERLY HALL did unlawfully and knowingly use, and carry during and in relation to, and possess in furtherance of, a drug trafficking offense, for which they may be prosecuted in a court of the United States, that is, Count One of this Indictment, which is re-alleged and incorporated as if fully set forth herein, a firearm. (Using, Carrying and Possessing a Firearm During a Drug Trafficking Offense, in violation of Title 18, United States Code, Sections 2 and 924(c)(1)) COUNTS FIVE TO SEVENTEEN On or about the dates set forth below, within the District of Columbia, the defendants named below did unlawfully, knowingly, and intentionally use a communication facility, that is, a telephone, to facilitate the conspiracy to unlawfully distribute and possess with intent to distribute controlled substances, in violation of Title 21, United States Code, Section 846. Count 5 Activation(s) 5822 on (202) 538-1778 Date Jan. 6, 2011 Defendants and Communication AARON PATRICK JONES and BRIAN DAVID MARSH (Using partially coded language, defendants discuss the distribution of cocaine) 3

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 4 of 7

Count 6

Activation(s) 215 on (202) 569-5325

Date Feb. 7, 2011

Defendants and Communication BRIAN DAVID MARSH and JUAN LUIZ MATHIS (Defendants discuss the anticipated arrival date of a shipment of cocaine and cocaine base) BRIAN DAVID MARSH and JUAN LUIZ MATHIS (Using partially coded language, defendants discuss efforts to retrieve a shipment of cocaine and cocaine base) BRIAN DAVID MARSH and JUAN LUIZ MATHIS (Using partially coded language, defendants discuss efforts to retrieve a shipment of cocaine and cocaine base) BRIAN DAVID MARSH and JOSHUA DRAKE (Using partially coded language, defendants discuss efforts to retrieve a shipment of cocaine and cocaine base) BRIAN DAVID MARSH and ERIC ARTEZ MOSES (Using partially coded language, defendants discuss a shipment of cocaine and cocaine base that was seized by law enforcement) BRIAN DAVID MARSH and ERIC ARTEZ MOSES (Using partially coded language, defendants discuss a shipment of cocaine and cocaine base that was seized by law enforcement) MASON ANTHONY HUDDLESTON and LESTER STANLEY AUSTIN III (Using partially coded language, defendants discuss the distribution of cocaine)

333 on (202) 569-5325

Feb. 10, 2011

371 on (202) 569-5325

Feb. 10, 2011

373 on (202) 569-5325

Feb. 10, 2011

10

377 on (202) 569-5325

Feb. 10, 2011

11

446 on (202) 569-5325

Feb. 11, 2011

12

4906 on (321) 262-1085

April 13, 2011

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 5 of 7

Count 13

Activation(s) 4918 on (321) 262-1085 4919 on (321) 262-1085

Date April 13, 2011

Defendants and Communication MASON ANTHONY HUDDLESTON (Using partially coded language, defendant discusses preparation of crack cocaine) MASON ANTHONY HUDDLESTON and ERIC ARTEZ MOSES (Using partially coded language, defendants discuss quality of cocaine) ERIC ARTEZ MOSES and LESTER STANLEY AUSTIN III (Using partially coded language, defendants discuss money for the purchase of cocaine) BRIAN DAVID MARSH and LESTER STANLEY AUSTIN III (Using partially coded language, defendants discuss the purchase of cocaine) ERIC ARTEZ MOSES and KIMBERLY HALL (Using partially coded language, defendants discuss efforts to hide a firearm from law enforcement)

14

April 13, 2011

15

482 on (202) 710-2840

April 25, 2011

16

679 on (202) 352-7280

May 2, 2011

17

982 and 989 on (443) 762-5217

June 27, 2011

(Use of a Communication Facility, in violation of Title 21, United States Code, Section 843(b) and Title 18, United States Code, Section 2) CRIMINAL FORFEITURE ALLEGATION 1. The allegations contained in Counts One, Two, and Three of this Indictment are

hereby realleged and incorporated by reference for the purpose of alleging forfeiture pursuant to Title 21, United States Code, Section 853. 2. As a result of the said violations, the defendants charged in this Indictment shall

forfeit to the United States, pursuant to Title 21, United States Code, Section 853: (1) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the said violations; and (2) any of the defendants property used, or intended to be used, in any manner or 5

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 6 of 7

part, to commit, or to facilitate the commission of, the said violations. The property to be forfeited includes but is not limited to: Money Judgment: A judgment against defendants in favor of the United States for a sum of money equal to the total value of any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the offenses alleged in Counts One, Two, and Three of this Indictment, for which the defendants are jointly and severally liable. By virtue of the commission of the felony offenses charged in Counts One, Two, and Three of this Indictment, any and all interest that defendants have in (1) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the charged offenses; and (2) any of the defendants property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the charged offenses, is vested in the United States and hereby forfeited to the United States pursuant to Title 21, United States Code, Section 853. 3. If any of the property described above as being subject to forfeiture pursuant to Title

21, United States Code, Section 853, as a result of any act or omission of the defendants: (i) (ii) (iii) (iv) (v) cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property that cannot be subdivided without difficulty;

Case 1:11-cr-00253-CKK Document 3

Filed 08/11/11 Page 7 of 7

it is the intention of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of said the defendants up to the value of the said property listed above as being subject to forfeiture. (Criminal Forfeiture, in violation of Title 21, United States Code, Section 853) A TRUE BILL:

FOREPERSON.

Attorney for the United States in and for the District of Columbia