36 ARYAN BROTHERHOOD OF TEXAS MEMBERS, ASSOCIATES PLEAD GUILTY TO FEDERAL RACKETEERING CHARGES

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, August 13, 2014

All 36 Charged Aryan Brotherhood of Texas Members and Associates Have Pleaded Guilty to Federal Racketeering Charges in Southern District of Texas

73 Convicted Across Five Federal Districts, Including All Five Active ABT Generals, Effectively Dismantling Organization

The remaining two defendants of 36 accused in the Southern District of Texas of racketeering activities as part of their roles with the Aryan Brotherhood of Texas (ABT) have pleaded guilty, capping a six-year sweeping effort that has led to 73 convictions across five federal districts and the decimation of the gang’s leadership and violent members and associates.   Those convicted were charged with involvement in a criminal organization that engaged in murders, kidnappings, brutal beatings, fire bombings and drug trafficking.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth Magidson of the Southern District of Texas, Special Agent in Charge Robert W. Elder of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s Houston Field Division, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Division and Special Agent in Charge David M. Marwell of the Homeland Security Investigations’ Dallas Field Division made the announcement.

“The Aryan Brotherhood of Texas launched its murderous and racist ideology within the Texas prisons, but unleashed a violent crime wave that jumped the prison walls and spread like a virus,” said Assistant Attorney General Caldwell.  “Today we are announcing sweeping convictions that strike at the heart of the ABT gang: 73 convictions in five federal districts, including the five active generals who ran the organization with an iron fist.   These convictions will ensure that these ABT gang members, from generals to soldiers, spend their years in federal prison paying for their crimes, not committing new ones.”

“Today, public safety is the winner,” said U.S. Attorney Magidson.   “A significant blow to the ABT criminal activities culminated today with the convictions of all 36 as charged in relation to this significant racketeering activity. Only with a coordinated federal, state and local law enforcement effort, could these criminals’ extensive and heinous gang activities be brought before the bar of justice.”

Rusty Eugene Duke of Dallas, Texas, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.   Tammy Melissa Wall of Otto, North Carolina, pleaded guilty to the same charge on Aug. 6, 2014.   Duke and Wall are two of 36 defendants charged in the Southern District of Texas with conducting racketeering activity through the ABT criminal enterprise, among other charges.   With Duke’s plea today, all 36 defendants have pleaded guilty.

The 36 convicted are part of a larger, six-year effort that has led to the conviction of 73 ABT members and associates in cases brought in the Southern District of Texas, Eastern District of Texas, Western District of Texas, Northern District of Texas and Western District of Oklahoma.

“Today marks a great day for the citizens of Texas,” said ATF Special Agent in Charge Elder.   “As they go about their daily lives, they can rest easier knowing that law enforcement across the state is working tirelessly to keep them safe from violent criminals. Finally, this investigation is a great example of ATF’s Frontline Model, which seeks to go after the very worst offenders by maximizing all of our resources.”

“While these convictions have dealt a serious blow to the gang, there are always others waiting to take their place in the organization,” said FBI Special Agent in Charge Turner.   “We have a message for them too: Violence and intimidation will not rule the streets of Houston. The FBI and our law enforcement partners will relentlessly pursue gang leaders and their associates at every level to ensure the safety of our communities.”

Court records and admissions by the defendants have exposed the ABT as a race-based, Texas state-wide organization operating inside and outside of state and federal prisons throughout Texas and the United States.   Established in the early 1980s within the Texas prison system, the gang modeled itself after, and adopted many of the precepts and writings of, the Aryan Brotherhood, a California-based prison gang formed in the California prison system during the 1960s.   The ABT was primarily concerned with the protection of white inmates and the promotion of whites as a superior race.   The ABT used murder and the threat of murder to enforce its rules within the gang and maintain a position of power inside and outside of prison.   Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.   Once released from prison, ABT members and associates continued to engage in criminal activity on behalf of the enterprise.

Court documents portray the ABT as a highly structured organization run by five generals, each of whom oversees one of five geographic regions of Texas and sits on a steering committee.   Each general supervises two chains of command —one on the “inside” and one on the “outside” of prison.   Reporting to each general is an “inside major” and an “outside major” and each major oversees several captains, lieutenants and sergeants-at-arms and numerous soldiers.

In this prosecution, all five active ABT generals have been convicted, as well as one “acting” general and one former general and founding member.   In addition, the majors, captains and other leaders of the gang from each of the five regions – including Duke – were convicted.

ABT enforced its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, arson, assault, robbery and threats against those who violated ABT rules or posed a threat to the enterprise.   Members, and oftentimes associates, were required to follow the orders of higher-ranking members, referred to as “direct orders.”   For example, according to court records, ABT leaders ordered a subordinate to kill a rogue ABT prospect and return the victim’s severed finger as a trophy, engaged in planning to kill a police officer, and ordered the murder of an individual whom the ABT believed had stolen drugs from the enterprise.

Duke, Wall and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.   While females are not allowed to become members of the ABT, Wall and other women convicted in this case associated with the ABT, served as communication hubs for the gang, and engaged in criminal activity for the benefit of the ABT.

By pleading guilty to racketeering charges, Duke and Wall admitted to being members of the ABT criminal enterprise.   They are both scheduled to be sentenced on Oct. 29, 2014.

This Organized Crime Drug Enforcement Task Force case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite, Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.

The case is being prosecuted by David Karpel of the Criminal Division’s Organized Crime and Gang Section and Ed Gallagher and Tim Braley of the U.S. Attorney’s Office for the Southern District of Texas.

TWO MS-13 GANG MEMBERS CONVICTED OF MURDERS AND ATTEMPTED MURDERS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, November 22, 2013
Ms-13 Members Convicted of Murders and Attempted Murders

After a three-week trial, a federal jury has convicted two MS-13 members for their roles in committing murders, attempted murders and armed robberies in Gwinnett and DeKalb counties in northern Georgia.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia, Special Agent in Charge Brock D. Nicholson of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Atlanta, and Special Agent in Charge Mark F. Giuliano of the FBI’s Atlanta Field Office made the announcement.

“These MS-13 gang members engaged in a ruthless – and senseless – string of attacks and murders, terrorizing the communities in which they operated,” said Acting Assistant Attorney General Raman.   “Thanks to the investigators and prosecutors who made today’s convictions possible, these violent gang members are off the streets of northern Georgia and face up to life in prison behind bars.”

“These two defendants set the standard for violence as members of MS-13, an international gang infamous for its disregard for human life,” said U.S. Attorney Yates.   “They spread fear throughout the community by killing innocent pedestrians, shooting suspected rival gang members and robbing innocent people at gunpoint.   By finding them guilty, this jury has held them accountable for their crimes.”

“As active members of one of the most violent gangs in the world, these men posed a significant threat to the public safety of our communities,” said HSI Special Agent in Charge Nicholson, who is responsible for agency investigations in Georgia and the Carolinas.  “HSI and our partners at the FBI and local law enforcement agencies have taken a strong stand against transnational gangs in Atlanta.  These are just the latest convictions that show how successful our efforts have been.”

“Today's conviction in federal court of two violent members of the international gang known as MS-13 adds to the list of successes for those law enforcement officers, investigators and prosecutors who are working hard to neutralize this dangerous criminal enterprise,” said FBI Special Agent in Charge Giuliano.   “While these successes are important for the FBI and its various law enforcement partners, it is more important to those particular communities impacted by MS-13's violent crimes.”

Remberto Argueta, aka Pitufo, 27, of Lilburn, Ga., and William Espinoza, aka Cheberria and Crazy, 31, of Norcross, Ga., were convicted today by a federal jury and will be sentenced at a later date before U.S. District Judge Richard W. Story.   Each defendant was convicted of RICO conspiracy involving murder.   Argueta was also convicted of violent crime in aid of racketeering and a firearms offense related to the murder of Arpolonio Rios-Jarquin.   Espinoza was also convicted of violent crime in aid of racketeering and a firearms offense related to the attempted murder of Jayro Arango-Sanchez.   Violent crime in aid of racketeering for murder carries a mandatory sentence of life in prison, while RICO conspiracy involving murder carries a sentence of up to life in prison.   Parole has been abolished in the federal system.

According to court records, MS-13 is an international gang that has operated in the Atlanta area since at least 2005.   The gang members staked out Gwinnett and DeKalb Counties as their home territory.

Evidence presented at trial showed that Argueta, along with other gang members, planned to rob Arpolonio Rios-Jarquin, a suspected drug dealer, at a hotel in April 2007.   When Rios-Jarquin turned out to have his own gun, Argueta and his fellow MS-13 members engaged in a shootout with Rios-Jarquin that spilled outside the hotel room.   Surveillance video showed one of the MS-13 members stopping to pick up Rios-Jarquin’s weapon, which he later showed off as a trophy.

In October 2007, Argueta and several other MS-13 members were at an apartment complex in Gwinnett County when Argueta spotted suspected rival gang members.   According to evidence at trial, he approached them and asked them who they “claimed”—that is, what gang they belonged to.   When Christian Escobar responded that he and his friend, Jose Garcia-Barajas, were members of the rival gang 18th Street, Argueta said, “You’re going to die.”   Argueta pulled out a handgun and started chasing and shooting at Escobar and Garcia-Barajas.   He shot Escobar in the back and Garcia-Barajas in the hip and arm.   While shooting at them, Argueta also fired shots into the apartments of nearby residents.   An elderly woman testified that one of Argueta’s bullets hit an armchair that she had been sitting in just a few minutes earlier.

Evidence at trial showed that in early July 2008, Espinoza lent his .380 caliber handgun to fellow gang members so that they could retaliate against a member of La Raza, a rival gang.   An MS-13 member shot a 15-year-old boy who was taking a shortcut across through an apartment complex.   The boy was not a member of a gang and had traveled from Ohio with his family to visit other family members for the Fourth of July holiday.

A few weeks later in July 2008, Espinoza and other members of MS-13 were at El Pueblito, a nightclub in DeKalb County, when a fight broke out with suspected members of the rival gang 18th Street.   Surveillance video showed Espinoza going out to the parking lot and retrieving a .380 handgun from a car.   He approached the club entrance and shot Jayro Arango-Sanchez in the stomach.   Arango-Sanchez testified at trial that he was not a gang member and that he was at the club with his girlfriend and brother to celebrate his birthday.

According to evidence at trial, just two days later, Espinoza and four other MS-13 members drove to an apartment complex in Gwinnett County to look for pedestrians to rob.   After spotting a victim, Espinoza and another gang member got out of their SUV and approached Aurelio Vasquez.   Espinoza put his .380 handgun to Vasquez’s head while the other MS-13 member started to search Vasquez’s pockets for money.   Vasquez, who was returning home after buying groceries, resisted being robbed, so Espinoza shot him through the head.   Espinoza and his fellow gang members wanted to rob Vasquez to get money for beer.

This case is being investigated by ICE-HSI and FBI, with assistance from Gwinnett County Police Department, DeKalb County Police Department and Gwinnett County Sheriff’s Office.

Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section and Assistant United States Attorney Paul R. Jones are prosecuting the case.