Indictment — USA v. Barrera Almaguer et al (Dkt. 3, S.D. Fla.)

Summary

An indictment in United States of America v. Yunior Barrera Almaguer, Jorge S. Alvarez, Dariel Garcia Carmona, Jose Raul Amaro, Leiner Pena Infante, Yandre Garcia Hernandez and Eduardo Ramos Leyva, Case 9:22-cr-80118-DMM, in the United States District Court for the Southern District of Florida, entered on the docket July 28, 2022 as Document 3. Count 1 charges conspiracy to commit wire fraud under 18 U.S.C. § 1349, Counts 2-4 wire fraud, Count 5 conspiracy to launder money under 18 U.S.C. § 1956(h), and Counts 6-26 money laundering. The grand jury charges that Barrera Almaguer submitted approximately 20 PPP loan applications for companies supplied by co-conspirators, with false employee and expense figures and false IRS forms. It charges that the conspirators received approximately $8,000,000 in PPP loan funds and spent much of it on personal use.

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Case 9:22-cr-80118-DMM Document 3 Entered on FLSD Docket 07/28/2022 Page 1 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

22-80118-Cr-Middlebrooks/Matthewman

Case No.

18 U.S.C. § 1349

18 U.S.C. § 1343

18 U.S.C. § 1956(h)

18 U.S.C. § 1956(a)(1)(B)(i)

18 U.S.C. § 981(a)(1)(C)

18 U.S.C. § 982(a)(1)
vs.

Jul 28, 2022

YUNIOR BARRERA ALMAGUER,
JORGE S. ALVAREZ, CLERR ULE Dn.
DARIEL GARCIA CARMONA, §. BD. OF FLA. - west Palm Beach

JOSE RAUL AMARO,
LEINER PENA INFANTE,
YANDRE GARCIA HERNANDEZ, and
EDUARDO RAMOS LEYVA,
Defendants.
/

INDICTMENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At all times relevant to this Indictment,

The Paycheck Protection Program

1. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was a
federal law enacted in March 2020, to provide financial assistance to Americans suffering
economic harm from the COVID-19 pandemic. One source of relief provided through the
CARES Act was the authorization of forgivable loans to businesses for job retention and
certain other expenses, through a program called the Paycheck Protection Program

(PPP).
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 2 of 24

2. The PPP allowed qualifying small businesses and other organizations to
receive PPP loans. Businesses were required to use PPP loan proceeds on payroll costs,
interest on mortgages, rent, and utilities. The PPP allowed the interest and principal on
the PPP loan to be entirely forgiven if the business spent the loan proceeds on these
expense items within a designated period of time and used a certain percentage of the
PPP loan proceeds on payroll expenses.

3. The amount of a PPP loan that a small business was entitled to receive was
determined by the number of employees employed by the business and the business's
average monthly payroll costs.

4. To obtain a PPP loan, a qualifying business was required to submit a PPP
loan application which was signed by an authorized representative of the business. The
PPP loan application required the business (through its authorized representative) to
acknowledge the program rules and make certain affirmative certifications to be eligible
to obtain the PPP loan. In the PPP loan application, the small business (through its
authorized representative) was required to state, among other things, its average monthly
payroll expenses and number of employees. These figures were used to calculate the
amount of money the small business was eligible to receive under the PPP. In addition,
businesses applying for a PPP loan were required to provide documentation confirming
their payroll expenses.

5. A PPP loan application was processed by a participating lender. If a PPP
loan application was approved, the participating lender funded the PPP loan using its own

funds. While a participating lender issued the PPP loan, the loan was 100% guaranteed
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 3 of 24

by the United States Small Business Administration, an executive branch agency of the
United States government.

The Defendants and Relevant Entities

6. YUNIOR BARRERA ALMAGUER, JORGE S. ALVAREZ, DARIEL
GARCIA CARMONA, JOSE RAUL AMARO, and EDUARDO RAMOS LEYVA, were
residents of Miami, Florida.

7. LEINER PENA INFANTE was a resident of Naples, Florida.

8. YANDRE GARCIA HERNANDEZ was a resident of Tampa, Florida.

9. YBA Auto Sales, Inc. (“YBA Auto”) was a Florida corporation with a principal
address in Miami, Florida. YUNIOR BARRERA ALMAGUER was the president of YBA
Auto.

10. | Saihdel Trucking, Inc. (“Saihdel”) was a Florida corporation with a principal
address in Miami, Florida. JORGE S. ALVAREZ was the president of Saihdel.

11. | Construction by Design, LLC (“Construction by Design’) was a Florida
limited liability company with a principal address in Miami, Florida. DARIEL GARCIA
CARMONA was the registered agent of Construction by Design.

12. JR Amaro Flooring, LLC (“JR Amaro”) was a Florida limited liability
company with a principal address in Miami, Florida. JOSE RAUL AMARO was the
registered agent and manager of JR Amaro.

13. | Construction47, Inc. (“Construction47”) was a Florida corporation with a
principal address in Miami, Florida. EDUARDO RAMOS LEYVA was the president of

Construction47.
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 4 of 24

14. Penas Concrete Pumping Corp. (“Penas Concrete”) was a Florida
corporation with a principal address in Miami, Florida. LEINER PENA INFANTE was the
president of Penas Concrete.

15. Garcia & Son Remodeling Services Corp. (“Garcia & Son’) was a Florida
corporation with a principal address in Miami, Florida. YANDRE GARCIA HERNANDEZ
was the president of Garcia & Son.

16. | EBO Construction, Inc. (“EBO”) was a Florida corporation with a principal
address in Lake Worth, Florida.

17. |P Aluminum, Inc. (“P Aluminum”) was a Florida corporation with a principal
address in Miami, Florida.

18. Yansel Trucking, LLC (“Yansel Trucking”) was a Florida limited liability
company with a principal address in West Palm Beach, Florida.

19. Ruben Transportation, Inc. (“Ruben”) was a Florida corporation with a
principal address in West Palm Beach, Florida.

20. Company 1 was a Florida corporation with a principal address in Miami,
Florida.

21. Company 2 was a Florida corporation with a principal address in Lake
Wales, Florida.

22. Company 3 was a Florida corporation with a principal address in Hialeah,
Florida.

23. Company 4 was a Florida limited liability company with a principal address

in West Palm Beach, Florida.
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 5 of 24

24. Company 5 was a Florida corporation with a principal address in Miami,

Florida.
Relevant Financial Institutions

25. The Bank of America Corporation (“Bank of America”) was a federally
insured financial institution headquartered in Charlotte, North Carolina.

26. JP Morgan Chase Bank, N.A. (“Chase”) was a federally insured financial
institution headquartered in New York, New York.

27. PNC Bank (“PNC”) was a _ federally insured financial institution
headquartered in Pittsburgh, Pennsylvania.

28. Regions Bank (“Regions”) was a federally insured financial institution
headquartered in Birmingham, Alabama.

29. TD Bank, NA. (“TD Bank”) was a federally insured financial institution
headquartered in Cherry Hill, New Jersey.

30. Wells Fargo & Company (“Wells Fargo”) was a federally insured financial
institution headquartered in New York, New York.

31. Kabbage, Inc. (“Kabbage”) was a ffinancial services company
headquartered in Atlanta, Georgia.

COUNT 1

Conspiracy to Commit Wire Fraud
18 U.S.C. § 1349

1. The General Allegations section of this Indictment is re-alleged and
incorporated by reference as though fully set forth herein.

2. From in or around May 2020, and continuing through in or around October
2020, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the

Southern District of Florida, and elsewhere, the defendants,

5
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 6 of 24

YUNIOR BARRERA ALMAGUER,
LEINER PENA INFANTE,
YANDRE GARCIA HERNANDEZ,
EDUARDO RAMOS LEYVA,

did willfully, that is, with the intent to further the object of the conspiracy, and knowingly
combine, conspire, confederate, and agree with each other, and with others known and
unknown to the Grand Jury, to commit an offense against the United States, that is, to
knowingly devise and intend to devise a scheme and artifice to defraud and for obtaining
money and property by means of false and fraudulent pretenses, representations, and
promises and to transmit and cause to be transmitted by means of wire communication
in interstate commerce writings, signs, signals, and pictures for the purpose of executing

such scheme and artifice, in violation of Title 18, United States Code, Section 1343.
Purpose of the Conspiracy

3. It was the purpose of the conspiracy for the conspirators to unlawfully enrich
themselves and others by, among other things, submitting and causing the submission of
false and fraudulent applications for PPP loans and diverting the proceeds of those loans
for the personal use and benefit of the conspirators and others and to further the
conspiracy.

Manner and Means of the Conspiracy

The manner and means by which the defendants and their conspirators sought to
accomplish the object and purpose of the conspiracy included, among others, the
following:

4. LEINER PENA INFANTE, YANDRE GARCIA HERNANDEZ, EDUARDO
RAMOS LEYVA, and other co-conspirators provided YUNIOR BARRERA ALMAGUER

with information about companies they controlled, including Penas Concrete, Garcia &

6
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 7 of 24

Son, Construction47, EBO, P Aluminum, Ruben, Yanse! Trucking, Company 1 and
Company 2, knowing that YUNIOR BARRERA ALMAGUER would use this information
to submit false and fraudulent PPP loan applications.

5. YUNIOR BARRERA ALMAGUER submitted and caused to be submitted
approximately 20 PPP loan applications on behalf of the companies provided by his co-
conspirators. These applications sought approximately $8,000,000 in PPP loan funds.

6. On each PPP loan application, YUNIOR BARRERA ALMAGUER falsely
stated and caused to be stated the named applicant company’s number of employees
and monthly expenses. In support, YUNIOR BARRERA ALMAGUER submitted and
caused to be submitted false and fraudulent IRS forms, which purported to document
income and expenses from the named applicant company.

7. The conspirators received approximately $8,000,000 in PPP loan funds as
a result of the false and fraudulent PPP loan applications.

8. The conspirators spent much of the loan proceeds for their personal use
and benefit, not for payroll costs, interest on mortgages, rent, or utilities.

All in violation of Title 18, United States Code, Section 1349.

COUNTS 2-4

Wire Fraud
18 U.S.C. § 1343

1. The General Allegations section of this Indictment is re-alleged and
incorporated by reference as though fully set forth herein.
2. In or around June 2020, in Palm Beach and Miami-Dade Counties, in the

Southern District of Florida, the defendants,
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 8 of 24

YUNIOR BARRERA ALMAGUER,
LEINER PENA INFANTE,
YANDRE GARCIA HERNANDEZ,
EDUARDO RAMOS LEYVA,

knowingly devised and intended to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent pretenses,
representations, and promises and caused to be transmitted by means of wire
communication in interstate commerce writings, signs, signals, and pictures for the
purpose of executing such scheme and artifice.

Purpose of the Scheme and Artifice

3. It was the purpose of the scheme and artifice for the defendants and their
accomplices to unlawfully enrich themselves and others by, among other things,
submitting and causing the submission of false and fraudulent applications for PPP loans
and diverting the proceeds of those loans for the personal use and benefit of the
defendants, their accomplices, and others and to further the scheme and artifice.

The Scheme and Artifice

4. The Manner and Means section of Count 1 of this Indictment is realleged
and incorporated by reference as though fully set forth herein to describe the manner and
means of the scheme and artifice.

Use of the Wires

5. On or about the dates specified as to each count below, in Miami-Dade
County, in the Southern District of Florida, and elsewhere, the defendants specified as to

each count below, for the purpose of executing and in furtherance of the aforesaid
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 9 of 24

scheme and artifice, did knowingly transmit and cause to be transmitted by means of wire

communication, certain writings, signs, signals, and pictures, as described below:

Count Defendants Approximate Description of Wire
2 YUNIOR BARRERA | June 27, 2020 Electronic transmission of fraudulent PPP loan
ALAMAGUER application for Penas Concrete to Kabbage.
and |
LEINER PENA
| INFANTE |
3 YUNIOR BARRERA | June 28,2020 | Electronic transmission of fraudulent PPP loan
ALAMAGUER | application for Garcia & Son to Kabbage.
and |
YANDRE GARCIA |
HERNANDEZ |
4 YUNIOR BARRERA | June 29, 2020 | Electronic transmission of fraudulent PPP loan
ALAMAGUER | application for Construction47 to Kabbage.
and
EDUARDO RAMOS
LEYVA ; |

All in violation of Title 18, United States Code, Sections 1349 and 2.

COUNT 5
Conspiracy to Launder Money
18 U.S.C. § 1956(h)

From in or around May 2020, and continuing through in or around August 2021,
the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern

District of Florida, and elsewhere, the defendants,

YUNIOR BARRERA ALMAGUER,
JORGE S. ALVAREZ,
DARIEL GARCIA CARMONA,
JOSE RAUL AMARO,
LEINER PENA INFANTE,
YANDRE GARCIA HERNANDEZ,
and
EDUARDO RAMOS LEYVA,

did willfully, that is, with the intent to further the objects of the conspiracy, and knowingly
combine, conspire, confederate, and agree with each other, and with others known and

unknown to the Grand Jury, to commit an offense against the United States, that is, to

9
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 10 of 24

knowingly conduct a financial transaction affecting interstate and foreign commerce,
which transaction involved the proceeds of specified unlawful activity, Knowing that the
property involved in the transaction represented the proceeds of some form of unlawful
activity, and knowing that the transaction was designed in whole and in part to conceal
and disguise the nature, location, source, ownership, and control of the proceeds of
specified unlawful activity, in violation of Title 18, United States Code, Section
1956(a)(1)(B)(i).

It is further alleged that the specified unlawful activity is wire fraud, in violation of
Title 18, United States Code, Section 1343.

All in violation of Title 18, United States Code, Section 1956(h).

COUNTS 6-26

Money Laundering
18 U.S.C. § 1956(a)(1)(B)(i)

1. Paragraphs 6-31 of the General Allegations section of this Indictment are
re-alleged and incorporated by reference as though fully set forth herein.

2. On or about the dates specified as to each count below, in Palm Beach and
Miami-Dade Counties, in the Southern District of Florida, and elsewhere, the defendants,
YUNIOR BARRERA ALMAGUER,

JORGE S. ALVAREZ,
DARIEL GARCIA CARMONA,
JOSE RAUL AMARO,
LEINER PENA INFANTE,
YANDRE GARCIA HERNANDEZ,
and
EDUARDO RAMOS LEYVA,
did knowingly conduct and attempt to conduct a financial transaction affecting interstate

and foreign commerce, which transaction involved the proceeds of specified unlawful

activity, knowing that the property involved in the transaction represented the proceeds

10
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 11 of 24

of some form of unlawful activity, and knowing that the transaction was designed in whole
and in part to conceal and disguise the nature, location, source, ownership, and control

of the proceeds of specified unlawful activity, as more specifically described below:

| JOSE RAUL AMARO

Approximate
| Count_ Defendants Date ; Description of Transaction
6 | YUNIOR BARRERA June 17,2020 | Deposit of check number 1207 in the amount of
| ALMAGUER $14,800 drawn on Bank of America account ending
and in 1965 held in the name of JR Amaro to Bank of

America account ending in 9426 held in the name of
Company 3.

JOSE RAUL AMARO

|

7 | YUNIOR BARRERA June 22,2020 | Deposit of check number 1047 in the amount of
| ALMAGUER $23,800 drawn on PNC account ending in 0889 held
in the name of Yansel Trucking to Bank of America
account ending in 9426 held in the name of Company

3.
8 YUNIOR BARRERA June 23, 2022 | Deposit of check number 1048 in the amount of
ALMAGUER $26,200 drawn on PNC account ending in 0889 held
in the name of Yansel Trucking to Bank of America
account ending in 9426 held in the name of Company

3.
9 YUNIOR BARRERA | June 24, 2020 | Deposit of check number 1209 in the amount of
ALMAGUER $11,625 drawn on Bank of America account ending
and in 1965 held in the name of JR Amaro to Bank of

America account ending in 9426 held in the name of
Company 3.

10 YUNIOR BARRERA July 21,2020 | Deposit of check numbers 1131 in the amount of
ALMAGUER $27,000 and 1132 in the amount of $9,500 drawn on
and TD Bank account ending in 5027 held in the name of
JORGE S. ALVAREZ P Aluminum to Bank of America account ending in

ee 9481 held in the name of Saihdel. ——

11 YUNIOR BARRERA | July 24,2020 | Deposit of check numbers 138 in the amount of
ALMAGUER, $20,000 and 139 in the amount of $10,000 drawn on
YANDRE GARCIA Bank of America account ending in 8107 held in the
HERNANDEZ, name of Garcia & Son to Bank of America account
and ending in 9481 held in the name of Saihdel.

JORGE S. ALVAREZ

12 YUNIOR BARRERA July 24, 2020 | Deposit of check number 1176 in the amount of
ALMAGUER, $25,000 drawn on Bank of America account ending
EDUARDO RAMOS in 5610 held in the name of Construction47 to Bank
LEYVA, of America account ending in 8107 held in the name
and of Garcia & Son.

YANDRE GARCIA
HERNANDEZ

11
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 12 of 24

Approximate

Count Defendants Date : Description of Transaction

13 YUNIOR BARRERA July 30,2020 | Deposit of check number 1199 in the amount of
ALMAGUER, $19,000 drawn on Bank of America account ending
EDUARDO RAMOS in 5610 held in the name of Construction47 to Bank
LEYVA, of America account ending in 9481 held in the name
and of Saihdel.

JORGE S. ALVAREZ

14 YUNIOR BARRERA | August 6, Deposit of check number 107 in the amount of
ALMAGUER 2020 $20,000 drawn on TD Bank account ending in 3399
and held in the name of Construction by Design to Bank
DARIEL GARCIA of America account ending in 2239 held in the name
CARMONA of EBO.

15 YUNIOR BARRERA September 1, | Deposit of check number 6051 in the amount of
ALMAGUER 2020 $11,000 drawn on Chase account ending in 2275

held in the name of Company 1 to Chase account
_ ending in 6375 held in the name of Company 4.

16 YUNIOR BARRERA | September 4, | Deposit of check number 6053 in the amount of

ALMAGUER 2020 $3,840 drawn on Chase account ending in 2275 held
in the name of Company 1 to Chase account ending
— in 6375 held in the name of Company 4.

17 YUNIOR BARRERA September 22, | Deposit of check number 451 in the amount of $8,000

ALMAGUER 2020 drawn on TD Bank account ending in 7283 held in
the name of Company 2 to Chase account ending in
— : 6375 held in the name of Company 4.

18 YUNIOR BARRERA September 24, | Deposit of check number 453 in the amount of

ALMAGUER 2020 $20,000 drawn on TD Bank account ending in 7283
held in the name of Company 2 to Chase account
| ee ending in 6375 held in the name of Company 4.

19 , YUNIOR BARRERA October 7, Deposit of check number 1036 in the amount of
ALMAGUER 2020 $9,900 drawn on Bank of America account ending in
and 9536 held in the name of Penas Concrete to Chase
LEINER PENA account ending in 6375 held in the name of Company
INFANTE 4.

20 YUNIOR BARRERA October 7, Deposit of check numbers 1038 in the amount of
ALMAGUER 2020 $22,000 and 1039 in the amount of $8,000 drawn on
and Bank of America account ending in 9536 held in the
LEINER PENA name of Penas Concrete to Wells Fargo account
INFANTE ending in 7133 held in the name of EBO.

21 YUNIOR BARRERA October 8, Deposit of check number 1203 in the amount of
ALMAGUER 2020 $20,000 drawn on Wells Fargo account ending in

7133 held in the name of EBO to Regions account
: ending in 2729 held in the name of YBA Auto.

22 YUNIOR BARRERA October 13, Deposit of check number 1204 in the amount of

ALMAGUER 2020 $39,000 drawn on Wells Fargo account ending in
7133 held in the name of EBO to Regions account
- ending in 2729 held in the name of YBA Auto.

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Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 13 of 24

Approximate a

Count Defendants Date oe Description of Transaction

23 YUNIOR BARRERA October 14, Deposit of check number 1043 in the amount of
ALMAGUER 2020 $10,500 drawn on Bank of America account ending
and in 9536 held in the name of Penas Concrete to Chase
LEINER PENA account ending in 6375 held in the name of Company
INFANTE 4.

24 YUNIOR BARRERA October 15, Deposit of check numbers 1048 in the amount of
ALMAGUER 2020 $38,000 and 1050 in the amount of $13,000 drawn
and on Bank of America account ending in 9536 held in
LEINER PENA the name of Penas Concrete to Wells Fargo account
INFANTE ending in 7133 held in the name of EBO.

25 YUNIOR BARRERA October 27, Deposit of check number 1210 in the amount of
ALMAGUER 2020 $24,000 drawn on Wells Fargo account ending in

7133 held in the name of EBO to Regions account

_ a ending in 2729 held in the name of YBA Auto.

26 YUNIOR BARRERA March 11, Deposit of check number 187 in the amount of
ALMAGUER 2021 $46,800 drawn on TD Bank account ending in 0431

held in the name of Company 5 to Regions account
_ ending in 2729 held in the name of YBA Auto.
3. It is further alleged that the specified unlawful activity is wire fraud, in

violation of Title 18, United States Code, Section 1343.
In violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2.

FORFEITURE ALLEGATIONS

1. The allegations of this Indictment are hereby realleged and by this reference
fully incorporated herein for the purpose of alleging forfeiture to the United States of
America of certain property in which the defendants, YUNIOR BARRERA ALMAGUER,
JORGE S. ALVAREZ, DARIEL GARCIA CARMONA, JOSE RAUL AMARO, LEINER
PENA INFANTE, YANDRE GARCIA HERNANDEZ, and EDUARDO RAMOS LEYVA
have an interest.

2. Upon conviction of a violation, or conspiracy to commit a violation, of Title
18, United States Code, Section 1343 as alleged in this Indictment, the defendants, shall

forfeit to the United States of America, any property, real or personal, which constitutes

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Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 14 of 24

or is derived from proceeds traceable to such offense pursuant to Title 18, United States
Code, Section 981(a)(1)(C).

3. Upon conviction of any violation of Title 18, United States Code, Section
1956 as alleged in this Indictment, the defendants shall forfeit to the United States of
America any property, real or personal, involved in such offense, and any property
traceable to such property, pursuant to Title 18, United States Code, Section 982(a)(1).

4. The property subject to forfeiture includes, but is not limited to, a forfeiture
money judgment in the amount of approximately $8,000,000.

5. If any of the property subject to forfeiture, as a result of any act or omission

of the defendants:

a. cannot be located upon the exercise of due diligence;

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

C. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. 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 under the
provisions of Title 21, United States Code, Section 853(p). Such substitute property
includes, but is not limited to, the following:
i. 2021 Cadillac Escalade, 4 Dr. Sport Platinum 6.2L, V8, VIN No.
1GYS3GHL2MR258015;
li. 2021 Cadillac Escalade Sport Platinum 4 Dr. Sport, VIN No.

1GYS4GKL8MR237263;

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Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 15 of 24

vi.

vii.

Xi.

xii.

2021 Cadillac Escalade ESV Utility 4D Sport Platinum, VIN No.
1GYS3RKL2MR323196;

2021 Aluma Ltd Vehicle Trailer 30’, VIN No. 1¥GUS3029MB227570;
2019 Big Tex Trailer, VIN No. 16VCX2029K2058030;

2013 Rolls Royce, VIN No. SCA664S58DUX51779;

2018 Rolls Royce, VIN No. SCA664S59JUX54475;

Real property located at 14020 SW 34th St., Miami, FL 33175, parcel
no. 30-4915-001-1128;

Real property located at 14814 SW 30th Terrace, Miami, FL 33185,
parcel no. 30-4916-031-00120;

Real property located at 14813 SW 30th Terrace, Miami, FL 33185,
parcel no. 30-4916-031-0130;

Real property located at 360 Harbor Island Drive, Unit 11, North Bay
Village, FL 33141, parcel no. 23-3209-058-0110;

Real property located at 360 Harbor Island Drive, Unit 1, North Bay
Village, FL 33141, parcel no. 23-3209-058-0010; and

Real property located at 7900 Harbor Island Drive, Unit 919, North

Bay Village, FL 33141, parcel no. 23-3209-052-1980.

All pursuant to Title 18, United States Code, Section 981(a)(1)(C), Title 18, United

States Code, Section 982(a)(1), and the procedures set forth in Title 21, United States

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Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 16 of 24

Code, Section 853, as incorporated by Title 28, United States Code, Section 2461(c) and

Title 18, United States Code, Section 982(b)(1).

A TRUE BILL

FOREPERSON

NIO GONZALEZ
TATES ATTORNEY

SUSAN OSBORNE
ASSISTANT UNITED STATES ATTORNEY

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Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 17 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

JNITED STATES OF AMERICA CASE NO.:
v.
YUNIOR BARRERA ALMAGUER, CERTIFICATE OF TRIAL ATTORNEY*
et al., . .
/ Superseding Case Information:

Court Division (select one) New Defendant(s) (Yes or No)

i) Miami XO Key West DOFTP Number of New Defendants

D FTL @ WPB Total number of New Counts

| do hereby certify that:

10.
Il.
12.
13.

| have carefully considered the allegations of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the Indictment/Information attached hereto.

I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.

Interpreter: (Yesor No) Yes

List language and/or dialect: Spanish (all)

This case will take 8-10 days for the parties to try.

Please check appropriate category and type of offense listed below:

(Check only one) (Check only one)

Il M@ 6to 10 days OC Minor

Ill [111 to 20 days ( Misdemeanor
1V (221 to 60 days @ Felony

V D161 days and over

Has this case been previously filed in this District Court? (Yes or No) No

If yes, Judge Case No.
Has a complaint been filed in this matter? (Yes or No) No _
If yes, Magistrate Case No.
Does this case relate to a previously filed matter in this District Court? (Yes or No) _Yes

If yes, Judge Rodney Smith Case No. 21-80160-CR-SMITH

Defendant(s) in federal custody as of N/A

Defendant(s) in state custody as of

Rule 20 from the District of

Is this a potential death penalty case? (Yes or No) No

Does this case originate from a matter pending in the Northern Region of the U.S, Attorney’s Office
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No

Does this case originate from a matter pending in the Central Region of the U.S. Attorney’s Office
prior to October 3, 2019 (Mag. Judge Jared Strauss? (Yes or No) No__

SUSAN OSBORNE
ASSISTANT UNITED STATES ATTORNEY
Florida Bar No./Court No. A5500797

By:
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 18 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: YUNIOR BARRERA ALMAGUER

Case No:

Count #: 1
Conspiracy to commit wire fraud

Title 18, United States Code, Section 1349

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Counts #: 2, 3, 4
Wire fraud

Title 18, United States Code, Section 1343

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 5
Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 6 - 26
Money laundering

Titie 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 19 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: JORGE S. ALVAREZ

Case No:

Count #: 5

Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 10, 11, 13

Money laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80118-DMM Document 3 Entered on FLSD Docket 07/28/2022 Page 20 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: DARIEL GARCIA CARMONA

Case No:

Count #: 5

Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the
transaction, whichever is greater

Count #: 14

Money laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the
transaction, whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be

applicable.
Case 9:22-cr-80118-DMM Document 3 Entered on FLSD Docket 07/28/2022 Page 21 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: JOSE RAUL AMARO

Case No:

Count #: 5

Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 6, 9

Money laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80118-DMM Document 3 Entered on FLSD Docket 07/28/2022 Page 22 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: LEINER PENA INFANTE

Case No:

Count #: 1
Conspiracy to commit wire fraud

Title 18, United States Code, Section 1349

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 2
Wire fraud

Title 18, United States Code, Section 1343

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 5
Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 19, 20, 23, 24
Money laundering _

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. {It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 23 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: YANDRE GARCIA HERNANDEZ

Case No:

Count #: 1
Conspiracy to commit wire fraud

Title 18, United States Code, Section 1349

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 3
Wire fraud

Title 18, United States Code, Section 1343

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 5
Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 11, 12
Money laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 9:22-cr-80118-DMM Document3 Entered on FLSD Docket 07/28/2022 Page 24 of 24

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: EDUARDO RAMOS LEYVA

Case No:

Count #: 1
Conspiracy to commit wire fraud

Title 18, United States Code, Section 1349

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 4
Wire fraud

Title 18, United States Code, Section 1343

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $250,000 or twice the gross gain or loss, whichever is greater

Count #: 5

Conspiracy to commit money laundering

Title 18, United States Code, Section 1956(h)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

Counts #: 12, 13

Money laundering

Title 18, United States Code, Section 1956(a)(1)(B)(i)

* Max. Term of Imprisonment: 20 years

* Mandatory Min. Term of Imprisonment (if applicable): n/a

* Max. Supervised Release: up to 3 years

* Max. Fine: $500,000 or twice the value of the property involved in the transaction,
whichever is greater

*Refers only to possible term of incarceration, supervised release and fines. It does not
include restitution, special assessments, parole terms, or forfeitures that may be applicable.


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