FILED. CT4: 21: 959(a)-Unlawful Distribution of Controlled Substances Extra-territorial;

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1 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 1 of 9 FILED UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ZOIGJAN2O PM 1:5 CRM'R -:cr CO'T UNITED STATES OF AMERICA, Plaintiff, SECOND Sfl1S INDICTMENT XR V. MARCIANO MILLAN VASQUEZ, aka Chano, aka Orejon, Defendant. Severed. CT 1: 21:848(e)(l)(a)- Killing while engaged in offenses punishable under Title 21; CT 2: 21:846 & 841(a)(1)- Conspiracy to Possess a Controlled Substance with Intent to Distribute (Marijuana); CT 3: 21:952 & 960(a)(1)- Conspiracy to Import with Intent to Distribute a Controlled Substance (Marijuana); CT4: 21: 959(a)-Unlawful Distribution of Controlled Substances Extra-territorial; CT5: 21:861(a)(1); 18:2- Employment of Person Under 18 years of Age in Drug Operations; Aiding & Abetting CT 6: 21:846 & 841(a)(1)- Conspiracy to Possess a Controlled Substance with Intent to Distribute (Cocaine); CT 7: 21:952 & 960(a)(l)- Conspiracy to Import with Intent to Distribute a Controlled Substance (Cocaine); CT 8: 21:846 & 841(a)(1)- Conspiracy to Possess a Controlled Substance with Intent to Distribute (methamphetamine); CT 9: 18:924(o)- Conspiracy to Possess Firearms in Furtherance of Drug Trafficking; CT 10: 18:1001-False Statements to Federal Official

2 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 2 of 9 THE GRAND JURY CHARGES: Ways, Manner, and Means to Accomplish Conspiracy for Counts 1-9 There exists in the Mexican states of Coahuila and Tamaulipas, the Western District of Texas, and elsewhere, an organization which calls itself LOS ZETAS. LOS ZETAS has dedicated itself to the pursuit of organized criminal conduct principally through drug trafficking, extortion, weapons trafficking, and murder. LOS ZETAS is a powerful drug trafficking organization operating out of Mexico, which funnels thousands of kilograms of cocaine, marijuana, methamphetamine, and other narcotics into the United States each year. LOS ZETAS is one of the largest drug cartels operating in Mexico today, with their influence stretching from Central America through Mexico and into cities throughout the United States. The organization is based in the city of Nuevo Laredo, Tamaulipas Mexico, and has control over several other Mexican cities located on the United States-Mexico border, including Ciudad Acuna and Piedras Negrasboth located in Coahuila, Mexico. The large-scale drug trafficking of this organization generates multi-million dollar revenues. LOS ZETAS were first established to be the lethal enforcers for another Mexican drug cartel: the Gulf Cartel. The leaders of the Gulf Cartel recruited former members of the Mexican military in the late 1 990s to work for them as enforcers. However, over time LOS ZETAS broke away from the Gulf Cartel and began to operate independently. The numbers associated with some LOS ZETAS leaders (e.g., Z-3) were assigned at the inception of LOS ZETAS as a carryover from their military call signs. Heriberto Lazcano, aka Z-3, was the leader of the Los Zetas from 2004 until his death on October 7, 2012 in Coahuila, Mexico. After his death, Miguel Angel Trevino Morales, aka Z-40, and his brother Oscar Omar Trevino Morales, aka Z-42,

3 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 3 of 9 assumed the leadership positions. LOS ZETAS are organized in a hierarchical structure with certain groups or cells operating in tiers of command. LOS ZETAS divide their territory into areas known as "plazas" along the Mexico-United States border and assign each plaza region a leader, commonly referred to as a "plaza boss." LOS ZETAS members purchase bulk quantities of narcotics and sell them abroad as well as to other non- LOS ZETAS drug traffickers operating in Mexico. In addition to those considered actual members of LOS ZETAS, any large scale narcotics trafficker operating in a region controlled by LOS ZETAS must support and associate with LOS ZETAS or risk execution. LOS ZETAS not only supplies the drugs (marijuana, cocaine, methamphetamine, etc.) to the traffickers, they charge the traffickers a fee (called the "quota") for the privilege of operating in LOS ZETAS territory. That fee includes cash payments as well as firearms and other munitions (ammunition, magazines, etc.). In addition to allowing these traffickers to operate in their territory, LOS ZETAS supplies them with real-time intelligence about the movement and location of the Mexican military and law enforcement. The Defendant, MARCIANO MILLAN VASQUEZ, aka Chano, aka Orejon, worked for LOS ZETAS as a drug trafficker, "sicario" (assassin, executioner, torturer, and kidnapper), weapons procurer, and, for a period of time, as a leader in the Piedras Negras, Coahuila, Mexico area. In furtherance of the conspiracy, the Defendant ordered, counseled, commanded, induced, procured, and caused the deaths of multiple people. COUNT ONE [21 U.S.C. ' 848(e)(1)(A) and 18 U.S.C. ' 2 1 Beginning on or about January 1, 2009, and continuing until on or about July 15, 2015, in

4 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 4 of 9 while engaged in offenses punishable under Title 21, United States Code. Section 841(b)(l)(A) and Section 960(b)(1), did knowingly, intentionally, and unlawfully, kill, and counsel, command, induce, procure, and cause the intentional killing of Victim R.R., a juvenile female, two adult females, and multiple other adult males, and such killing did result, and did aid, abet, and assist others in the commission of said offense, contrary to Title 21, United States Code, Section 848(e)(1)(A) and Title 18, United States Code, Section 2. COUNT TWO [21 U.S.C. ' ' 841, 8461 Beginning on or about January 1, 2006, and continuing until on or about July 15, 2015, in others known and unknown to the Grand Jury, to possess with intent to distribute and distribute a controlled substance, which offense involved 1000 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I Controlled Substance, contrary to Title 21, United States Code, Section 84l(a)(1) and 841 (b)(1)(a)(vii), in violation of Title 21, United States Code, Section 846. COUNT THREE [21 U.S.C. '' 952(a), 960(a)(1), 960(b)(1)(G) & 963] Beginning on or about January 1, 2006, and continuing until on or about July 15, 2015, in

5 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 5 of 9 others known and unknown to the Grand Jury, to commit offenses against the United States, in violation of Title 21, United States Code, Section 963, that is to say, they conspired to import a controlled substance, which offense involved 1000 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I Controlled Substance, into the United States from Mexico contrary to Title 21, United States Code, Sections 952(a), 960(a)(l) and 960(b)(l)(G). COUNT FOUR [21 U.S.C (a), 963, 960(a)(3) and (b)(1)1 Beginning on or about January 1, 2006, and continuing until on or about July 15, 2015, in others known and unknown to the Grand Jury, to commit offenses against the United States, in violation of Title 21, United States Code, Section 963, that is to say, they conspired to distribute 1000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, a Schedule I 'Controlled Substance, 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, intending and knowing that said controlled substance would be unlawfully

6 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 6 of 9 imported into the United States, in violation of Title 21, United States Code, Sections 959(a), 963, and 960(a)(3) and (b)(1). COUNT FIVE [21 U.S.C. 861(a)(1) and (b); 18 U.S.C. 2] Beginning on or about January 1, 2006 and continuing until on or about July 15, 2015, in the Western District of Texas, Defendant, aka Rigoberto Sanchez-Raniirez (5), being persons at least eighteen (18) years of age, did knowingly and intentionally employ, hire, use, persuade, induce, entice, and coerce a person under eighteen (18) years of age, to violate Title 21, United States Code, Sections 841(a)(1), 846, 952(a), 960(a)(1), 959, and 963, and did aid and abet the same, in violation of Title 21, United States Code, Section 861 (a)( 1) and (b) and 18 U.S.C. 2. COUNT SIX [21 U.S.C. ' ' 841, 8461 Beginning on or about December 1, 2007, and continuing until on or about July 15, 2015, in others known and unknown to the Grand Jury, to possess with intent to distribute and distribute a controlled substance, which offense involved 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, contrary to Title

7 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 7 of 9 21, United States Code, Section 841(a)(1) and 841 (b)(1)(a)(ii), in violation of Title 21, United States Code, Section 846. COUNT SEVEN [21 U.S.C. '' 952(a), 960(a)(1), 960(b)(1)(B) & 963] Beginning on or about December 1, 2007, and continuing until on or about July 15, 2015,in others known and unknown to the Grand Jury, to commit offenses against the United States, in violation of Title 21, United States Code, Section 963, that is to say, they conspired to import a controlled substance, which offense involved 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II Controlled Substance, into the United States from Mexico contrary to Title 21, United States Code, Sections 952(a), 960(a)(l) and 960(b)(1)(B). COUNT EIGHT [21 U.S.C. ' ' 841, 8461 Beginning on or about May 1, 2008, and continuing until on or about July 15, 2015, in others known and unknown to the Grand Jury, to possess with intent to distribute and distribute a

8 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 8 of 9 controlled substance, which offense involved 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance, contrary to Title 21, United States Code, Section 841(a)(1) and 841 (b)(l)(a)(viii), in violation of Title 21, United States Code, Section 846. COUNT NINE 1 [18 U.S.C. ' 924(c)(1) and (0)1 Beginning on or about January 1, 2008, and continuing until on or about July 15, 2015, in knowingly combined, conspired, confederated, and agreed with others known and unknown to the Grand Jury to commit offenses against the United States, that is, the DEFENDANT conspired to possess firearms in furtherance of the drug trafficking crimes charged in Counts Two, Three, Four, Five, Six, Seven, and Eight of this Indictment, re-alleged herein, contrary to Title 18, United States Code, Sections 924(c)(l) and (o). COUNT TEN [18 U.S.C. ' 1001] On or about July 15, 2015, in the Western District of Texas, the Defendant, MARCIANO MILLAN VASQUEZ, aka Chano, aka Orejon did willfully and knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, by falsely telling Deputy United States Marshall Jesus Mejia that his name was

9 Case 5:13-cr XR Document 170 Filed 01/20/16 Page 9 of 9 "Rigoberto Sanchez-Ramirez" and did then and there produce a false identification document, to wit: an identification card issued by the State of Guerrero, Republic of Mexico in the name of "Rigoberto Sanchez-Ramirez" with the Defendant's picture. The statements and representations were false; MARCIANO MILLAN VASQUEZ, aka Chano, aka Orejon (5) then and there knew that "Rigoberto Sanchez-Ramirez" was not his true and correct name and that the document was false, in violation of Title 18, United States Code, Section 1001(a)(2).. A TRUE BILL..', I. RICHARD L. DURBIN, JR. United States Attorney RUSSELL D. LEACHMAN MICHAEL C. GALDO Assistant United States Attorneys

E P07C 0249 COUNT ONE (18 U.S.C. 371, 22 U.S.C. 2778(b)(2), 2778 (c»

E P07C 0249 COUNT ONE (18 U.S.C. 371, 22 U.S.C. 2778(b)(2), 2778 (c» Case 3:07-cr-00249-DB Document 17 Filed 02/07/07 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION JUDGE DAVID 8RiOr\r:~;; FILED FfB -7 P,~ 5: 28 UNITED