Criminal Complaint and Affidavit — U.S. v. Delson Marc and Balmy Lincoln Joseph (S.D. Fla. 9:18-cr-80153)
Summary
A criminal complaint with a supporting affidavit, Case 9:18-cr-80153, Document 1, entered 07/23/2018; the Southern District of Florida is printed as the court. It names Delson Marc and Balmy Lincoln Joseph and lists 21 U.S.C. §§ 841(a)(1) and 846, conspiracy to possess with intent to distribute one kilogram or more of a mixture and substance containing a detectable amount of heroin. In the affidavit, DEA Special Agent Lynn H. Mead, Jr. states that officers found bags of heroin in a padlocked freezer chest in a detached garage after a state search warrant was executed on July 18, 2018, with a total weight of approximately 8,569 grams (8.5 kilograms). It also describes jail calls from Marc that agents believed were about the garage.
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“Criminal Complaint and Affidavit — U.S. v. Delson Marc and Balmy Lincoln Joseph (S.D. Fla. 9:18-cr-80153).”
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Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 1 of 8
AO 91 (Rev. 08/09) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
Southern District of Florida
United States of Amelica )
FILED by ..<..~· D.C.
v. )
DELSON MARC, and ) Case No. 18-8327-WM
BALMY LINCOLN JOSEPH, )
)
JUL 2 3 2G:~
) STEVEN M. LARIMORE
Defendant(s) CLERK U.S. DISl: Cl:
S.D. OF FLA. - W.'P.s:
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of July 18, 2018 in the collllty of Palm Beach in the
Southern Distiict of Florida , the defendant(s) violated:
Code Section Offense Description
21 U.S.C. §§ 841(a)(1) and 846 Conspiracy to possess with intent to distribute one kilogram or more of a
mixture and substance containing a detectable amount of heroin.
This criminal complaint is based on these facts :
See Attached Affidavit
~ Continued on the attached sheet.
,
/1_ Complainant's signature
Lynn H. Mead, Jr., DEA Special Agent
Printed name and title
Sworn to before me and signed in my presence.
Date: :h}l1
City and state: West Palm Beach, FL William Matthewman, U.S. Magistrate Judge
Printed name and title
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 2 of 8
AFFIDAVIT
I, Lynn H. Mead Jr, a Special Agent with Drug Enforcement Administration ("DEA"), being duly
sworn, hereby depose and state:
INTRODUCTION
1. I am a "federal law enforcement officer" within the meaning of Federal Rule of
Criminal Procedure 41(a)(2)(C), that is, a government agent engaged in enforcing the criminal
laws and duly authorized by the Attorney General to request a criminal complaint. I am a Special
Agent of the Drug Enforcement Administration (DEA) assigned to the West Palm Beach, Florida
District Office. I have been a Special Agent with DEA, assigned to the Miami Field Division,
since 2006. Prior to this time, I received a B.A. in Criminal Justice from the University of
Mississippi and was a criminal investigator for the Mississippi Gaming Commission for two years.
During my law enforcement career, I have participated in numerous narcotics investigations during
which I have conducted physical and electronic surveillance, executed search warrants, and
reviewed and analyzed recorded conversations and documents seized from drug traffickers.
Through my training, education, and experience, which has included debriefing cooperating drug
traffickers, monitoring wiretapped conversations of drug traffickers, and conducting surveillance
on numerous occasions of individuals engaged in drug trafficking, I have become familiar with
the manner in which illegal drugs are imported and distributed, the method of payment for such
drugs, the efforts of persons involved in such activity to avoid detection, and the methods used to
finance drug transactions, and launder drug proceeds.
2. I make this affidavit based on information known to me personally, upon
information obtained from other law enforcement officers, and information obtained from
witnesses. The following information contained in this affidavit is stated for the limited purpose
of establishing probable cause for the requested criminal complaint, and does not contain all facts
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 3 of 8
and information regarding the investigation described hereafter.
3. On July 18, 2018, members of the Palm Beach County Sheriff's Office Violent
Crimes Division executed a state search warrant at the residence shared by Delson MARC and
Balmy JOSEPH, located at 7120 Okeechobee Boulevard #5304, West Palm Beach, Florida.
Agents also executed a separate state search warrant inside the residence's detached garage.
Balmy JOSEPH had rented this residence and its detached garage using the stolen identity ofW.D.
4. The original search warrants authorized officers to search both the residence and
detached garage for documentary and electronic evidence related to the fraudulent use of personal
identification information and organized fraud. After discovering narcotics within the residence,
officers applied for and received additional narcotics-related search warrants for both the residence
and detached garage.
5. During the search of the residence, agents and detectives located a black laptop bag
on the kitchen countertop. Inside the laptop bag, detectives recovered multiple credit cards in the
names of several different individuals, two laptop computers, and a credit card scanner.
Additionally, agents and detectives recovered approximately 14 grams of cocaine in the left
interior pocket of a leather jacket that was hanging in JOSEPH's bedroom closet. Officers also
located 59 grams of heroin in the right front interior pocket and lower left exterior pocket of the
same leather jacket. In JOSEPH's master bathroom, agents and detectives located a plastic bag
containing numerous clear capsules that are used to sell, package, and distribute illegal narcotics.
In your affiant's training and experience, it is common practice for drug dealers to put heroin in
clear capsules for drug distribution. As JOSEPH was being taken into custody, he broke two
cellular phones he had in his possession. Based on the investigation, JOSEPH was arrested for the
state charges of trafficking in heroin, possession of cocaine, possession of a credit card machine,
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 4 of 8
dealing in credit cards of another, trafficking in counterfeit credit cards, and tampering with
physical evidence.
6. While searching the residence, agents and detectives also located evidence that
Delson MARC shared the residence with JOSEPH. In the western-most bedroom ofthe residence,
agents and detectives located a black backpack containing a black Gucci wallet with Delson
MARC's Florida driver's license, along with correspondence to include business cards for Dually
Express, multiple key rings containing several different keys, and a garage door remote with a
sticker "G303". Agents know that the Dually Express trucking company is owned by MARC.
Also inside the same backpack were prescription bottles in MARC's name, and approximately
$26,700 wrapped in rubber bands. There were also prescription medicine bottles with MARC's
name located in the medicine cabinet of the bathroom adjacent to MARC's bedroom. Officers
also located paperwork related to MARC ' s 2017 arrest and additional correspondence bearing his
name in his bedroom closet. Officers located several credit cards/debit cards in the names of
several different individuals in this same bedroom. MARC, who had been in the Palm Beach
County jail since July 12, 2018 on other charges, was additionally charged with the state crimes
of dealing in credit cards of another, trafficking in counterfeit credit cards, and a violation of
probation.
7. Officers used the garage clicker (labeled G303) located in MARC's backpack to
open the door of the detached garage. Officers saw four Forgiato rims leaning against the garage
wall. Officers located a padlocked freezer chest approximately 4 feet by 3 feet wide. Officers
used a single key obtained from the larger set of keys found in MARC's room earlier to open the
padlock on the freezer. Inside the freezer, officers found the following: (1) a plastic bag containing
818 grams ofheroin; (2) a plastic bag containing 737 grams ofheroin; (3) a plastic bag containing
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 5 of 8
663 grams ofheroin; (4) a plastic bag containing 521.5 grams ofheroin; (6) a plastic bag containing
1014 grams of heroin; (7) a plastic bag containing 633.5 grams of heroin; (8) a plastic bag
containing 1020 grams of heroin; (9) a plastic bag containing 27.5 grams ofheroin; (10) a plastic
bag containing 86 grams of heroin; (11) a plastic bag containing 319.5 grams of heroin; (12) a
plastic bag containing 443 .5 grams ofheroin; (13) a plastic bag containing 128.5 grams ofheroin;
(14) a plastic bag containing 58 grams of heroin; (15) a plastic bag containing 54 grams of heroin;
(16) a plastic bag containing 28.5 grams of heroin; (17) a plastic bag containing 160 grams of
heroin; (18) a plastic bag containing 177 grams of heroin. In total, the heroin weighed
approximately 8,569 grams (8.5 kilograms). Officers also located several ninja and
miscellaneous brand blenders containing an unidentified white reside. Each of the heroin bags
field-tested positive.
8. During the execution of the search warrants, officers were monitoring MARC's
jail calls using the Securus Jail Call Platform. During a call from MARC to telephone number
(561) 718-:XXXX, utilized by an unknown male ("UM"), MARC asked, "Oh she got it?" UM
replied, "Na, I ain't even talking about that, that man, this shit ugly bro." MARC replied, "What's
that mean?'' UM answered, "Man .... (9 second pause) .... full throttle shit, bro." MARC asked,
"Whatchu mean?'' UM repeated, "Full throttle shit, bro." MARC asked, "The FORGIE'S?" UM
affirmed. During this call, agents believe that UM was warning MARC that the police were
present at MARC's apartment and garage. Agents know that "FORGIE'S" or "4g's" is common
street terminology for Forgiato brand custom rims for tires, the same rims that were next to the
freezer in which the heroin was located.
9. A short time later, officers intercepted another jail call placed by MARC to the
same (561) 718-:XXXX. During this call, MARC stated, "Yeah, I'm just saying, listen, you know
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 6 of 8
for the trucking, umm shit you know we are trying to get it cranked up. But if FOR ... if FORGIE
if FORGIE, you know what I mean, it's going to be tough though, bro. You heard me?" UM
replied, "You just, you just, you know, you just worry about that, bro. Just worry about the
trucking company. And just make sure you take care of my jit, dawg." The conversation
continued. MARC then said, "Ok, look, you know how we got the urn, (pause) ... on the 15 111 , we
were supposed to get reinstated right? But you know, the FORGIE supposed to get that bitch
crunk back up, though." UM affirmed. MARC then said, "FORGIE, FORGIE 54 or no?" UM
responded, "Man, that shit is all the way loud, bro, it's all the way loud, bro, it's up there." The
conversation continued. MARC then instructed, "Say no more, say no more." UM replied, "No
bro, it's all the way loud, it's bad, bro." MARC then said, "I'm dead. That's what I'm trying to
tell you." UM continued, "Listen bro, once the other party do what he is supposed to do, that's
what I'm saying, bro, when you come." MARC interrupted UM and said, "You got to understand,
bro, listen to me, bro, you already know how I have been screaming to you, bro, you ain't really
said." MARC continued, "Ohman, you not understanding, bro." UM then said, "No, you are not
understanding, bro, ok." MARC said, "You gotta understand though homie, listen, if that shit is
gone, that means I'm dead, bro." This conversation continued for approximately 10 more minutes.
MARC again mentioned the "FORGIES," and referenced that he was going to use the "FORGIES"
to get his truck business going. Agents believe MARC was going to put the money obtained from
the sale of the 8.5 kilograms of heroin towards his Dually Express Trucking business.
10. Based on my training and experience, I know that possession of approximately
8,569 grams of heroin is not for personal use, but is for distribution.
11 . Based on the foregoing evidence, your affiant asserts probable cause exists to
believe that Delson MARC and Balmy JOSEPH did conspire to possess with the intent to distribute
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 7 of 8
one (1) kilogram or more of a mixture and substance containing a detectable amount of heroin, in
violation of Title 21, United States Code, Sections 841(a)(1) and 846.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
{)_
Special Agent Lynn Mead
Drug Enforcement Administration
/(.~ .
Sworn and subscribed before me this ~3 day of July 2018, in West Palm Beach, Florida.
~ 'fliFL -
WILLIAM D. MA THEWMAN
UNITED STATES MAGISTRATE JUDGE
Case 9:18-cr-80153-WPD Document 1 Entered on FLSD Docket 07/23/2018 Page 8 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 18-8327-WM
UNITED STATES OF AMERICA
FILED by-~ D.C.
v.
JUL 2 3 2018
DELSON MARC, and
STEVEN M. LARIMORE
BALMY LINCOLN JOSEPH, CLERK U.S. DIST. CT.
S.D. OF FLA.- W. P.B.
Defendants.
________________________________!
CRIMINAL COVER SHEET
1. Did this matter originate from a matter pending in the Northern Region of the United States
Attorney's Office prior to October 14, 2003? Yes X No
2. Did this matter originate from a matter pending in the Central Region of the United States
Attorney's Office prior to September 1, 2007? Yes X No
Respectfully submitted,
BENJAMIN G. GREENBERG
UNITED STATES ATTORNEY
BY: Uw"JJ~
RINKU TRlBUIANI
ASSISTANT UNITED STATES ATTORNEY
Florida Bar No. 0150990
500 S. Australian Avenue, Suite 400
West Palm Beach, FL 33401-6235
Tel: (561) 820-8711
Fax: (561) 820-8777
Rinku.Tribuiani@usdoj .gov
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