Case 3:11-cr-00241-DRD-CVR Document 1021

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO UNITED STATES OF AMERICA, Plaintiff v. [1] JORGE GOMEZ-GONZALEZ, a.k.a Jorge Cara de Truck, et al., Defendants. CRIMINAL NO. 11-241 (DRD)

UNITED STATES' MOTION FOR CAUTIONARY NOTICE TO THE HONORABLE COURT: COMES NOW, plaintiff, the United States of America, through its undersigned attorneys, and respectfully states and prays as follows: 1. On or about June 27, 2011, a Federal Grand Jury returned an indictment charging violations

of Title 21, United States Code, Sections 841 and 846; and Title 18, United States Code, Section 1956(h), among others. Pursuant to Title 21, United States Code, Section 853, upon conviction of an offense in violation of Title 21, United States Code, Sections 841 and 846 (charged in Counts One through Four of the Indictment), the defendants shall forfeit to the United States, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of said violations any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the aid violations, including but not limited to the following: a sum of money of at least Twenty Million Dollars ($20,000,000.00) in United States currency, representing the mount of proceeds obtained as a result of the offenses charged. 2. If any of the property described above, as a result of any act or omission of the defendants

cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited

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Motion for Cautionary Notice Criminal No. 11-241 (DRD)

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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 which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property, including but not limited to: 1). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Rural Community, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number D-8 in the inscription plans of La Perla Rural Community, at La Perla Ward of the Municipality of San Juan, with a superficial area of 108.74 square meters. Bounding on the NORTH, with Lucila Silva Street of the Community; on the SOUTH, with an alley; on the EAST, with Lot No. D-7 of the Community; and on the WEST, with Lot No. D-9 of the Community. Property No. 4509, recorded at page 111 of volume 171 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Julio Serrano Pagn and his wife Carmen Raquel Gonzlez. 2). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number D-9 in the inscription plans of La Perla Project labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 120.86 square meters. Bounding on the NORTH, with Lucila Silva Street, on a distance of 9.35 meters; on the SOUTH, with Lot No. D-8 and with an easement for the maintenance of the City Wall (SPN), on a distance of 2.75 meters and 6.64 meters; on the EAST, with Lot No. D-8 Lucila Silva Street, on distances of 1.64 meters, 3.84 meters, 7.22 meters and 0.82 meter; and on the WEST, with an alley, on a distance of 13.58 meters. Property No. 4363, recorded at page 120 of volume 158 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Julio Serrano Pagn and his wife Carmen Raquel Gonzlez.

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Motion for Cautionary Notice Criminal No. 11-241 (DRD)

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3).

One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number 64 of block C in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 77.65 square meters. Bounding on the NORTH, with Lots C-63 and C-62, on a distance of 5.70 meters and 2.06 meters, respectively; on the SOUTH, with an alley and Lucila Silva Street, on a distance of 0.79 meter and 6.73 meters, respectively; on the EAST, with Lot No. C-61, on a distance of 11.31 meters; and on the WEST, with an alley, on a distance of 7.69 meters and 3.17 meters. Property No. 4232, recorded at page 244 of volume 154 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Esteban Dipini-Hernndez. 4). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number 46 of block C in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 91.71 square meters. Bounding on the NORTH, with Concepcin Silva Street, on a distance of 9.74 meters and 0.67 meters; on the SOUTH, with Felisa Silva Street, on a distance of 10.09 meters; on the EAST, with Lot No. C-46-A, on a distance of 8.60 meters; and on the WEST, with an alley, on a distance of 9.01meters. Property No. 4251, recorded at page 41 of volume 155 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Amrica Roln-Daz. 5). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as:

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URBAN: Lot market with the number E-4 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 84.07 square meters. Bounding on the NORTH, with alleys, on a distance of 1.42 meters, 5.57 meters and 1.11 meters; on the SOUTH, with Concepcin Silva Street, on a distance of 9.12 meters; on the EAST, with an alley, on a distance of 3.54 meters and 7.50 meters; and on the WEST, with an alley, on a distance of 6.25 meters, 2.30 meters and 2.38 meters. Property No. 4316, recorded at page 115 of volume 156 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Alejandro Beaz-Rivera.. 6). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number D-3 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 108.73 square meters. Bounding on the NORTH, with Lucila Silva Street, on a distance of 10.28 meters; on the SOUTH, with maintenance easement for the City Wall (SPN) and Lot No. D-2, on a distance of 8.22 meters 2.42 meters, respectively; on the EAST, with Lot No. D-2, on a distance of 2.65 meters and 8.30 meters; and on the WEST, with an alley, on a distance of 11.00 meters. Property No. 4315, recorded at page 132 of volume 196 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Soraya Santana-Melndez. 7). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number F-42 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 111.58 square meters. Bounding on the NORTH, with Lot F-43, on a distance of 9.40 meters; on the SOUTH, with a maintenance easement for the City Wall (SPN), on a distance of 8.24 meters; on the EAST, with Lot No. F-46

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and F-42, on a distances of 1.94 meters, 2.30 meters, 4.29 meters and 5.28 meters; and on the WEST, with a maintenance easement for the City Wall (SPN), on a distance of 7.16 meters and 4.07 meters. Property No. 4320, recorded at page 135 of volume 156 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Mercedes Caballero Reyes and his wife Angela Morales. 8). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number E-23 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 81.52 square meters. Bounding on the NORTH, with a Street with no name, on a distance of 8.83 meters; on the SOUTH, with Lucila Silva Street, on a distance of 6.01 meters and 3.78 meters; on the EAST, with Lot No. E23-A, on a distances of 9.43 meters; and on the WEST, with an alley and Lucila Silva Street, on a distance of 8.38 meters and 1.28 meters. Property No. 4367, recorded at page 160 of volume 158 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owners: Luis Lpez-Alomar and his wife Estrella Gonzlez-Monge. 9). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number E-22 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 58.07 square meters. Bounding on the NORTH, with access road of the Community; on the SOUTH, with access road of the Community; on the EAST, with access road of the Community; and on the WEST, with Lot No. E-34 of the Community. Property No. 4470, recorded at page 21 of volume 168 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico.

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Registered Owner: Carmen Milagros Lpez-Gonzlez. 10). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number B-23 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 27.21 square meters. Bounding on the NORTH, with Community Street; on the SOUTH, Lot No. B-23-A of the Community; on the EAST, with Community Street; and on the WEST, with Community Street. Property No. 4494, recorded at page 261 of volume 168 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owners: Ramona Quiones-Coln also known as Ramonita Quiones-Coln and her husband Francisco Coln-Fernndez. 11). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number C-63 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 59.20 square meters. Bounding on the NORTH, with Community Street; on the SOUTH, with Lot No. C-64 of the Community; on the EAST, with Lot No. C-62 of the Community; and on the WEST, with an alley. Property No. 4499, recorded at page 11 of volume 171 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owners: Alberto Aviles-Ortiz and his wife Alfonsa Rodrguez-Chaparro. 12). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number C-52 in the inscription plans of La Perla

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Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 76.40 square meters. Bounding on the NORTH, with Concepcin Silva Street of the Community; on the SOUTH, with Felisa Silva Street of the Community; on the EAST, with Lot No. C-49; and on the WEST, with an alley. Property No. 4505, recorded at page 71 of volume 171 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Teresa Nieves-Torres. 13). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number D-11-A in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 136.01 square meters. Bounding on the NORTH, with Community Street; on the SOUTH, with maintenance easement; on the EAST, with Lot No. D-11 of the Community; and on the WEST, with Community Street. Property No. 4507, recorded at page 91 of volume 171 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Carmen Melndez-Torres. 14). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Project, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number E-16 in the inscription plans of La Perla Project, labeled CRUV-10-63, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 67.61 square meters. Bounding on the NORTH, with Lot No. E-16-A of the Community; on the SOUTH, (not included in the description); on the EAST, with Lot No. E-1 of the Community; and on the WEST, with an alley. Property No. 4508, recorded at page 101 of volume 171 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico.

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Registered Owner: Carmen Mara Robles-Gonzlez. 15). One Urban lot, together with its building, appurtenances, improvements, fixtures,

attachments and easements, located at La Perla Rural Community, San Juan, Puerto Rico, more particularly described as: URBAN: Lot market with the number A-25-A in the inscription plans of La Perla Rural Community, located at the Municipality of San Juan, Puerto Rico, with a superficial area of 64.32 square meters. Bounding on the NORTH, with Lot No. A25 of the Community; on the SOUTH, with a future street; on the EAST, with an alley of the Community; and on the WEST, with an alley of the Community. Property No. 5205, recorded at page 203 of volume 193 of San Juan. Registry of Property, First Section of San Juan, Puerto Rico. Registered Owner: Khilsy Denise Aviles-Quiones. 3. Pursuant to Article 112 of the Mortgage and Property Registry Act of 1979, PR ST. T. 30

Section 2401(1), a cautionary notice may be requested by a person claiming in a lawsuit ownership to real property or the constitution, declaration, modification or extinction of any recordable right or one who files his claim in an action that affects a title to real property. The cautionary notice is to be entered into the Puerto Rico Property Registry. 4. A cautionary notice can only be made by order of the court handed down at the request of a

legitimate party and by virtue of adequate documentation for prudent judicial discretion. See PR ST. T. 30 Section 2402. WHEREFORE, the United States of America respectfully moves this Honorable Court to enter an order directing the Property Registrar for the pertinent divisions of the Commonwealth of Puerto Rico Property Registry, to enter a cautionary notice over each of the property, giving notice that these properties are subject to forfeiture pursuant to Title 21, United States Code, Section 853(p).

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Motion for Cautionary Notice Criminal No. 11-241 (DRD)

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RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this 26th day of January, 2012. ROSA EMILIA RODRIGUEZ-VELEZ United States Attorney

/s/Myriam Y. Fernndez-Gonzlez Myriam Y. Fernndez-Gonzlez Assistant United States Attorney Chief, Money Laundering and Asset Forfeiture Unit USDC # 218011 Torre Chardn, Suite 1201 350 Carlos Chardn Street Hato Rey, PR 00918 Tel. (787) 766-5656 Fax. (787) 771-4050 Email: myriam.y.fernandez@usdoj.gov

CERTIFICATE OF SERVICE I HEREBY CERTIFY that, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all parties. RESPECTFULLY SUBMITTED,

In San Juan, Puerto Rico, this 26th, day of January, 2012.

s/Myriam Y. Fernndez-Gonzlez Myriam Y. Fernndez-Gonzlez U.S.D.C. No. 218011