Hermanos González Pañuelas

Case 1:16-cr-00217-CMA Document 6 Filed 02/21/18 USDC Colorado Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 16-cr-217-CMA UNITED STATES OF AMERICA, Plaintiff, v.

1.

2.

3.

JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” IGNACIO GONZALEZ-PENUELAS, a.k.a. “Nacho,” FIRST NAME UNKNOWN LAST NAME UNKNOWN, a.k.a. “Lion” and “Luis.”

Defendants.

______________________________________________________________________ FIRST SUPERSEDING INDICTMENT CHARGING STATUTES 18 U.S.C. § 2 21 U.S.C. § 853 21 U.S.C. § 959(a) and (d) 21 U.S.C. ' 960(a)(3) 21 U.S.C. ' 960(b)(1)(A) 21 U.S.C. ' 963 21 U.S.C. § 970 ______________________________________________________________________ The Grand Jury Charges: COUNT ONE On or about and between March 22, 2014, and December 30, 2017, both dates being approximate and inclusive, and continuing thereafter, up to and including the date of this Indictment, in the countries of Mexico, the United States, and elsewhere, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” IGNACIO

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GONZALEZ-PENUELAS, a.k.a. “Nacho,” FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion,” and “Luis,” along with unindicted co-conspirators Efren Ruelas-Avila, Jose Ruelas-Torres, Jose Carlos Barraza-Aceves, a.k.a. “Luis 2525,” and others known and unknown to the Grand Jury, did knowingly, intentionally and willfully combine, conspire, confederate and agree to: (1) manufacture and distribute a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, knowing, intending or having reasonable cause to believe that the heroin would be unlawfully imported into the United States from a place outside thereof; and/or (2) manufacture and distribute a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, knowing, intending or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States from a place outside thereof.

All in violation of Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), 960(b)(1)(A), 960(b)(1)(B)(ii) and 963.

COUNT TWO On or about May 5, 2014, in the countries of Mexico, the United States, and elsewhere, the defendant, JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States.

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All in violation of Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), and 960(b)(1)(A).

COUNT THREE On or about and between August 22, 2017, and September 12, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendant JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States.

All in violation of Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(A).

COUNT FOUR On or about and between September 19, 2017, and September 21, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” and FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion” and “Luis,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States.

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All in violation of Title 21, United States Code, Sections 959(a), 960(a) (3), and 960(b)(1)(A).

COUNT FIVE On or about and between October 7, 2017, and October 8, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendant JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States.

All in violation of Title 21, United States Code, Sections 959(a), 960(a) (3), and 960(b)(1)(A).

COUNT SIX On or about and between October 15, 2017, and November 3, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” and FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion” and “Luis,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States.

4

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All in violation of Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii).

COUNT SEVEN On or about and between November 14, 2017, and November 18, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendant JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States.

All in violation of Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(A).

COUNT EIGHT On or about and between November 16, 2017, and November 20, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion” and “Luis,” and IGNACIO GONZALEZ-PENUELAS, a.k.a. “Nacho,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine. A Schedule I Controlled Substance, intending, knowing, or having

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Case 1:16-cr-00217-CMA Document 6 Filed 02/21/18 USDC Colorado Page 6 of 8

reasonable cause to believe that the cocaine would be unlawfully imported into the United States.

All in violation of Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii).

COUNT NINE On or about and between November 28, 2017, and November 30, 2017, both dates being approximate and inclusive, in the countries of Mexico, the United States, and elsewhere, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion” and “Luis,” and IGNACIO GONZALEZ-PENUELAS, a.k.a. “Nacho,” did unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine. A Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States.

All in violation of Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii).

FORFEITURE ALLEGATIONS The allegations contained in Counts One through Count Nine of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to the provisions of Title 21, United States Code, Section 853 and 970.

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Case 1:16-cr-00217-CMA Document 6 Filed 02/21/18 USDC Colorado Page 7 of 8

Upon conviction of the violations alleged in Counts One through Count Nine of this indictment, including violations of Title 21, U.S.C. §§ 952(a), 959(a) and (c), 960(a)(3), 960(b)(1)(A), and 963, the defendants JESUS GONZALEZ-PENUELAS, a.k.a. “Chuy Gonzalez,” IGNACIO GONZALEZ-PENUELAS, a.k.a. “Nacho,” FIRST NAME UNKNOWN, LAST NAME UNKNOWN, a.k.a. “Lion,” and “Luis,” shall forfeit to the United States, pursuant to Title 21, United States Code, Section 853, any and all of the defendants’ right, title and interest in all property constituting and derived from any proceeds obtained directly and indirectly as a result of such offense, and in all property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such offense, including, but not limited to: 1.

$55,000.00 seized on May 8, 2014.

2.

A money judgment in the amount of $2,000,000.00 obtained by the conspiracy and by the defendant, for which the defendant is jointly and severally liable.

If any of the property described above, as a result of any act or omission of the defendant; 1.

cannot be located upon the exercise of due diligence;

2.

has been transferred or sold to, or deposited with, a third party;

3.

has been placed beyond the jurisdiction of the Court;

4.

has been substantially diminished in value; or

5.

has been commingled with other property which cannot be subdivided without difficulty;

the United States, pursuant to Title 21, United States Code, Section 853(p), incorporated by Title 18, United States Code, Section 982, intends to seek forfeiture of any other property of said defendant[s] up to the value of the forfeitable property.

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All in violation of Title 21, United States Code, Sections 853 and 970.

A TRUE BILL Ink signature on file in Clerk’s Office FOREPERSON

APPROVED: ROBERT C. TROYER United States Attorney District of Colorado By: s/Stephanie Podolak Stephanie Podolak Assistant United States Attorney U.S. Attorney=s Office 1801 California Street, Suite 1600 Denver, CO. 80202 Telephone (303) 454-0309 Fax (303) 454-0401 Stephanie.Podolak@usdoj.gov Attorney for the Government

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Case 1:16-cr-00217-CMA Document 6-1 Filed 02/21/18 USDC Colorado Page 1 of 2

DEFENDANT 1:

JESUS GONZALEZ-PENUELAS, a/k/a “"Chuy Gonzalez"”

AGE:

1969

ADDRESS:

Gallo De Los Limontes, Batamote, Sinaloa De Leyva

COMPLAINT FILED?

Yes

X

If Yes, MAGISTRATE CASE NUMBER

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? OFFENSE(S):

No

Yes

X

No

Count One: Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), 960(b)(1)(A), 960(b)(1)(B)(ii) and 963 - (1) manufacture and distribute a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, knowing, intending or having reasonable cause to believe that the heroin would be unlawfully imported into the United States from a place outside thereof; and/or (2) manufacture and distribute a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, knowing, intending or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States from a place outside thereof Counts Two, Three, Four, Five, Six and Seven: Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), and 960(b)(1)(A) unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States Counts Eight and Nine: Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii) - unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine. A Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States NOTICE OF FORFEITURE

1

Case 1:16-cr-00217-CMA Document 6-1 Filed 02/21/18 USDC Colorado Page 2 of 2

LOCATION OF

Countries of Mexico

PENALTY:

Counts One, Two, Three, Four, Five, Six, Seven, Eight and Nine: NLT 10 years - NMT life in prison, $5 million fine, or both; NLT 5 years supervised release, $100 Special Assessment Fee (per count) Forfeiture

AGENT:

Bruce Fralick Drug Enforcement Administration

AUTHORIZED BY:

Stephanie Podolak Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL: More than five days THE GOVERNMENT will seek detention in this case The statutory presumption of detention is applicable to this defendant.

OCDETF CASE: Yes - WC CO 631

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Case 1:16-cr-00217-CMA Document 6-2 Filed 02/21/18 USDC Colorado Page 1 of 2

DEFENDANT 2:

IGNACIO GONZALEZ-PENUELAS, a/k/a “Nacho”

AGE: ADDRESS: COMPLAINT FILED?

Yes

X

If Yes, MAGISTRATE CASE NUMBER

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? OFFENSE(S):

No

Yes

X

No

Count One: Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), 960(b)(1)(A), 960(b)(1)(B)(ii) and 963 - (1) manufacture and distribute a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, knowing, intending or having reasonable cause to believe that the heroin would be unlawfully imported into the United States from a place outside thereof; and/or (2) manufacture and distribute a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, knowing, intending or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States from a place outside thereof Counts Eight and Nine: Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii) - unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine. A Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States NOTICE OF FORFEITURE

LOCATION OF

Countries of Mexico

PENALTY:

Counts One, Eight and Nine: NLT 10 years - NMT life in prison, $5 million fine, or both; NLT 5 years supervised release, $100 Special Assessment Fee (per count)

1

Case 1:16-cr-00217-CMA Document 6-2 Filed 02/21/18 USDC Colorado Page 2 of 2

Forfeiture AGENT:

Bruce Fralick Drug Enforcement Administration

AUTHORIZED BY:

Stephanie Podolak Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL: More than five days THE GOVERNMENT will seek detention in this case The statutory presumption of detention is applicable to this defendant.

OCDETF CASE: Yes - WC CO 631

2

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DEFENDANT 3:

FIRST NAME UNKNOWN LAST NAME UNKNOWN a/k/a “Lion” and “Luis”

AGE: ADDRESS: COMPLAINT FILED?

Yes

X

If Yes, MAGISTRATE CASE NUMBER

HAS DEFENDANT BEEN ARRESTED ON COMPLAINT? OFFENSE(S):

No

Yes

X

No

Count One: Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), 960(b)(1)(A), 960(b)(1)(B)(ii) and 963 - (1) manufacture and distribute a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, knowing, intending or having reasonable cause to believe that the heroin would be unlawfully imported into the United States from a place outside thereof; and/or (2) manufacture and distribute a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, knowing, intending or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States from a place outside thereof Counts Four and Six: Title 21, United States Code, Sections 959(a) and (d), 960(a)(3), and 960(b)(1)(A) - unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically one kilogram or more of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the heroin would be unlawfully imported into the United States Counts Eight and Nine: Title 21, United States Code, Sections 959(a), 960(a)(3), and 960(b)(1)(B)(ii) - unlawfully manufacture, possess with the intent to distribute, or distribute, a controlled substance, specifically five kilograms or more of a mixture or substance containing a detectable amount of cocaine. A Schedule I Controlled Substance, intending, knowing, or having reasonable cause to believe that the cocaine would be unlawfully imported into the United States NOTICE OF FORFEITURE 1

Case 1:16-cr-00217-CMA Document 6-3 Filed 02/21/18 USDC Colorado Page 2 of 2

LOCATION OF

Countries of Mexico

PENALTY:

Counts One, Four, Six, Eight and Nine: NLT 10 years - NMT life in prison, $5 million fine, or both; NLT 5 years supervised release, $100 Special Assessment Fee (per count) Forfeiture

AGENT:

Jason Deluca Drug Enforcement Administration

AUTHORIZED BY:

Stephanie Podolak Assistant U.S. Attorney

ESTIMATED TIME OF TRIAL: More than five days THE GOVERNMENT will seek detention in this case The statutory presumption of detention is applicable to this defendant.

OCDETF CASE: Yes - WC CO 631

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