"It was decided to allow it to go on until sufficient overt acts were completed that prosecutors felt that convictions could be obtained," Lazzarini testified. Lewis Katz, the John C. Hutchins professor of law at Case Western Reserve University School of Law, said that law enforcement allowing an informant to occupy a position of authority in a criminal organization would raise ethical, if not legal, questions about the handling of an investigation. Katz said that the U.S. Supreme Court has ruled that such an argument could hypothetically be used to overturn a conviction, but it has yet to rule in favor of any defendant making that kind of case. The investigation into the outfit, which had been going on since 1997, got a break in December 2000, when Daniel "Lizard" Hernandez facing life in prison for charges that included murder plots in the course of a RICO (Racketeer Influenced and Corrupt Organizations) enterprise contacted the Special Services Unit of the California Department of Corrections to talk about becoming an informer. Huerta had been living in Castroville and living a low-key life in recent months, often expressing fears she might be indicted after FBI agents tried to contact her earlier this year. Main Office: Operation Quiet Storm, as dubbed by the FBIs San Francisco area field office, yielded 17 indictments and 55 charged defendants, prompting an array of regional agencies including the FBI, Drug Enforcement Administration, the Santa Clara County Sheriffs Office and San Jose Police Department to serve high-risk arrest warrants Wednesday. It should bring them some reality that its not romantic at all.. Under the guidelines, the FBI, the Drug Enforcement Administration and all other Justice Department agencies must report suspected criminal activity by informants to prosecutors and notify federal prosecutors when an informant is the target of a federal criminal investigation. In legal motions filed over the past four weeks, defense attorneys for 15 alleged members of the Nuestra Familia the prison gang that governs the Northern California-based Norteo and. The defendants, among whom several high-ranking members of both groups could be found, were responsible for 600+ murders. Montoya is among a dozen of those arrested Thursday who face charges in federal court, where mandatory sentences for drug and gun crimes often mean longer prison terms. tape telephone conversations with gang members and set up organizational meetings in Rohnert Park, Salinas, San Francisco, Milpitas, Tracy and Sacramento that the FBI would secretly videotape. Ramirez pled guilty for conspiring to murder Raymond Sanchez, and told Salinas police that the FBI's informant allowed the hit. Then, in May, his Salinas street crew entered a bar and shot and killed an enemy they believed was moving in on their heroin-dealing turf. In the aftermath of Operation Black Widow, the five highest-ranking leaders of Nuestra Familia, James "Tibbs" Morado, Joseph "Pinky" Hernandez, Gerald "Cuete" Rubalcaba, Cornelio Tristan, and Tex Marin Hernandez, were transferred to the United States Penitentiary, Florence ADX, the federal supermax prison in Colorado. Amaro also faces life in federal prison. The judge agreed, saying "the government has presented substantial evidence suggesting that the government's role in the affairs of the Nuestra Familia was at most that of a facilitator" and, citing legal precedent, was not "tantamount to the 'engineering and direction of the criminal enterprise from start to finish.' "You can't be with him 24 hours a day. Once membership was achieved, this membership was for life. According to the U.S. Attorneys Office, 36 of the defendants named in the indictments were already in state prison and have been moved to federal holding facilities. "Courts tend to say this may well be something that should be policed internally, but they haven't been ready to give the benefit to defendants," Cohen said. He was due to be released soon from Corcoran state prison, prosecutors said, where he served time on a 2007 assault charge. Stats to follow: THE FEDERAL PROSECUTION. As outlined in the indictment, membership in the NF involved a process of sponsorship, approval, and indoctrination. From our investigation, he appeared to be someone who was extremely dangerous and had a lot of authority within the Northern gang structure, she said. Monterey County Assistant District Attorney Ann Hill, who prosecuted Hanrahan locally in 2007, said she was pleased to hear about the new charges because Hanrahan is due to be released from state prison in nine years or less. Government agents knew that working with such violent criminals was risky. U.S. Attorney Steven Gruel declined to comment on whether the informant might lose his protection from prosecution, because Hernandez, by his own admission, violated terms of the agreement in which he said he would not lie to his handlers, commit new crimes, or keep any illegally earned assets. Phil Ferrari behind him. Miss Manners: I shouldn't call because the phone scares people? The operation, which will continue to play out in state and federal courts, aims to disband the Salinas-area regiment of a gang that for three decades has dominated criminal activity in farm towns across Northern California. " Hernandez: "Yeah. In the late 1990s, law enforcement officials put into action the only plan that could crack open the violent criminal enterprise -- getting someone from the inside to turn on his brethren. Use Next and Previous buttons to navigate. On June 18, 2001, Hernandez told his handlers that a subordinate was distributing more than a dozen guns to young gang members in town, according to FBI reports. While the physical movement of this leadership was restricted by prison walls, the indictment alleges their power and influence were not so constrained. The deputies who arrested her were apparently unaware of the federal charges. But San Francisco attorney Marc Zilversmit contends the government's own legal filings reveal a federal role in the brutal prison-based gang, and raise troubling questions about how far the FBI can take an undercover operation. In scale and ambition, the operation dwarfs the two largest cases against the Nuestra Familia: Operation Black Widow ended in 2005, and Operation Valley Star led to a massive trial just under way in a Sacramento federal court. Because Operation Black Widow was supposed to be keeping constant tabs on Hernandez, the FBI and other agencies had to know that he was ordering crimes, and that was enough to make their behavior gross misconduct, Zilversmit argues. The indictment alleges an NF oath provides: If I lead, follow. [21], Federal law enforcement agencies, long unable to infiltrate Nuestra Familia, began to step up their investigations in the late 1990s. [20], Eventually, three new generals came to power at Pelican Bay, yet two were demoted, leaving only David "DC" Cervantes as the highest-ranking member of the gang in California. The attack occurred in October 1998, after a gangster was shot and wounded as part of a Nuestra Familia internal power struggle in Salinas. Her attorney Jeremy Dzubay said its up to District Attorney Dean Flippo to decide whether her local case must be tried before Huerta is taken into federal custody. Hernandez cut a plea deal. At least 37 alleged gang members and associates were in custody after hours of coordinated raids across Monterey County, ending months of investigation that culminated in what some call the largest law enforcement operation ever to target the Nuestra Familia, one of the Wests most violent crime organizations. She is a graduate of Columbia University's Graduate School of Journalism and worked on ProPublicas Electionland project during the 2016 presidential election. Soon after, prison investigators confiscated a letter from her to an inmate, saying she and Hanrahan planned to marry in June 2008. The largest of the federal investigations was Operation Black Widow. According to trial testimony, Salcido slipped on gloves and a ski mask, entered the apartment complex and fatally shot Geronimo Garza, 41, who was not named in revenge discussions taped by the FBI, and wounded Maria Lopez, now 43. The Inner Council members that round out the seven were listed as Samuel Sammy Luna, Guillermo Capone Solorio, Trinidad Trino Martinez and George Puppet Franco. Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds, Do Not Sell/Share My Personal Information. [19], Since the written constitution of the Norteos stated that the gang's leaders resided in Pelican Bay State Prison in California; the relocation of the five leaders led to turmoil among its members. At one point in the transcript, Ramirez and Hernandez are talking about whether to beat up or kill the intended victim, and Ramirez remarks: "Might as well kill the mother -- if it's for a third strike." Dear Abby: Why do they imply my husband is a freak? Alberto Larez, 45, known in Salinas as "Bird," was taken into custody Thursday morning at his residence in . Communicating with paroled gang members out in the streets, Nuestra Familia leaders have been able to order crimes and collect a percentage of the take from robberies and sales of methamphetamine, heroin and marijuana by the state's thousands of Norteos -- Northern California gang members. Robert was a member of the Bay Area News Group reporting team awarded the 2017 Pulitzer Prize for Breaking News Reporting for East Bay Times coverage of the fatal "Ghost Ship" fire. Defense attorneys lost a motion to dismiss the case, based on a claim that the government was responsible for murder and assault because it essentially ran Nuestra Familia activities through its informant Daniel Hernandez, who commanded the gang's street operations outside of prison. The defendants charged in the alleged racketeering conspiracy include the following: 18 U.S.C. Reach him the low-tech way at 408-920-5002. The gangs targeted in this operation are responsible for much of the illicit drug distribution and violent crime that has plagued areas in the South Bay, Salinas and the Central Valley for years, Fair said. He was convicted of racketeering charges in the Bay Area FBI case called Operation Black Widow. In 2000 and 2001, 22 members were indicted on Racketeer Influenced and Corrupt Organizations Act (RICO) charges, including several who were allegedly serving as high-ranking gang leaders while confined in Pelican Bay. He could only participate in crimes approved by his FBI handlers, such as planned drug and gun purchases. Journalist Reynolds uses her unprecedented access to gang members, both in and out of . 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Robert Sosa, at the time Nuestra Familia's General (or supreme commander), was man- dated to administer these resources to further collective interests but had in fact embezzled more than US$100,000 from the group's accounts. Several witnesses in the Valley Star case testified that they and others in the gangs Salinas crew often gave Huerta free drugs and helped her with her rent because she was a gang generals wife. The federal faction didnt approve of the treaty but the state side entered into it anyways, prompting a deep-seated conflict that continues to play out. In the aftermath of Operation Black Widow, the five highest-ranking leaders of Nuestra Familia, James "Tibbs" Morado, Joseph "Pinky" Hernandez, Gerald "Cuete" Rubalcaba, Cornelio Tristan, and Tex Marin Hernandez, were transferred to the United States Penitentiary, Florence ADX, the federal supermax prison in Colorado. The allegations about the way Operation Black Widow handled the case are based on information from the government's discovery documents, Zilversmit said. Federal law enforcement agencies, long unable to infiltrate Nuestra Familia, began to step up their investigations in the late 1990s. Occasionally a black face goes with a white mind. [22], In the aftermath of Operation Black Widow, the five highest-ranking leaders of Nuestra Familia, James "Tibbs" Morado, Joseph "Pinky" Hernandez, Gerald "Cuete" Rubalcaba, Cornelio Tristan, and Tex Marin Hernandez, were transferred to the United States Penitentiary, Florence ADX, the federal supermax prison in Colorado. Instead, they received 10-year sentences in a plea deal negotiated by the gang's leaders after . For links to documents cited in this story, go to the Center for Investigative Reporting website. ) or https:// means youve safely connected to the .gov website. The indictments came after a three-year police investigation dubbed Operation Black Widow. Lawsuits seeking more than $2 billion have been filed against the government by families of people murdered in the course of informant-based investigations. Gracia stepped down after publicly proclaiming her love for Hanrahan at a City Hall press conference. The arrests made yesterday, most significantly the arrests of the Nuestra Familia leadership, will severely cripple the ability of this criminal enterprise (and) disrupt the communications and organization structure of a criminal network that has terrorized our neighborhoods for far too long.. Zilversmit accuses the government of knowing that the murder was going to happen, but doing nothing to either stop it or warn the victim that he was in danger, and he says the money raised from drug and gun deals, as well as robberies and extortion ordered by Hernandez, went to the FBI, not the gang. Huerta is known among gang members as the wife of Joseph Pinky Hernandez, one the Nuestra Familias top leaders serving a life sentence in a Colorado supermax prison. The 17 indictmentstarget several facets of the Nuestra Familia gang and represent the most significant law enforcement action to disrupt the NF organization in decades, Hinds said. [21] Renewed organization Six of the 13 are inmates at Pelican Bay State Prison. ". from the FBI informant." Before Ybarra and other gang members arrived at Gallegos' apartment, police parked a patrol unit near the building, according to police and FBI documents. In a letter to the court, Frias said that a fellow gang member "pushed the matter (with Hernandez) and finally got the 'green light' for the murder .. . The indictment outlines each position according to the NF Constitution. Membership in the gang extends beyond prison. The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the allegiance of gang members on the streets of and within custodial facilities in California. A dozen firearms were taken during the days searches. Operation Black Widow Federal law enforcement agencies, long unable to infiltrate the group, began to step up their investigations in the late 1990s. But at the trials, questions about the FBI's ability to fully control its gangster informants are being raised: When the FBI hires a criminal to be its eyes and ears in the inner workings of a dangerous gang, can the informant cease to engage in criminal activity? FBI transcripts and court testimony revealed at least five revenge murders were discussed during several taped meetings. If I stumble, push me. Prison gang case puts role of FBI informants under scrutiny / Investigation results in 13 guilty pleas; 9 more defendants face trial next year, for fbi-hernandez; FBI Informant Daniel Hernandez at a Nuestra Familia gang meeting in Rohnert Park. Operation Quiet Storm was the culmination of more than 5 years of complex investigative work. The operation was conducted with the help of a highly connected inside source -- Daniel Hernandez, the street general who had confirmed that the green light . He later admitted the "golf" trip was to deliver two pounds of methamphetamine to a cousin. One of those was Armando Frias, the triggerman who pleaded guilty to the crime and was sentenced in late October to a term of 29 years to life. To that end, he announced the debut Thursday of a county narcotics and gang task force overseen by the states Department of Justice. A spokesman for Rep. Tom Davis, R-Va., chair of a House committee currently investigating the FBI's use of criminals as informants, says the FBI is now "in the process of doing a complete review of the way they handle informants.". [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. By 2007, three dozen of the gangs leaders and associates were arrested and charged with conspiracy in the Valley Star case that is still being tried in a Sacramento federal court. Three gang members later said in interviews or police reports that Hernandez gave a "green light" to commit the murder. FBI records show that by late July, the bureau stopped working with Hernandez, and he was arrested on a parole violation. Watsonville police began targeting members of the California prison gang Nuestra Familia. "Brown Bob," had spent most of his life inside California's state prisons, rising to become one of the highest ranking members of Nuestra Familia, the notoriously vicious Northern California Latino prison gang. Two of the defendants face the death penalty for ordering murders related to the drug trade. Hanrahan was a Nuestra Familia leader from Salinas who oversaw drug-dealing crews in that city and conveyed orders to the Nuestra Familias Watsonville regiment. The Bay Areas top federal prosecutor announced a sweeping array of indictments targeting the notorious Nuestra Familia prison gang, boasting that a five-year operation had culminated in a takedown of the organizations leadership responsible for an expanse of drug trafficking and brutal street violence spanning Northern California. When Operation Knockout was launched last fall, officials acknowledged there were no resources in place to help communities such as Salinas deal with the almost certain spates of violence that tend to follow mass arrests. If I fall, avenge me. You cant win this fight.. Can he maintain credibility with fellow gangsters and yet prevent violent acts plotted by them in his presence? Hill said she hoped the life sentences the defendants face will deter gang-involved youth from deeper involvement. FBI informant Daniel Her- nandez at a Nuestra Familia gang meeting in Rohnert Park. Operation Black Widow was recorded in Oakland, CA 2015-2018 Mastered by Jim Haras Mixed by Samuel Montero Torres and Mackenzie Chami Layout by Kevin Gan Yuen Dedicated to Tami Lynn Torres license all rights reserved tags Tags heavy electronics modular synth power electronics Los Angeles about If you like Operation Black Widow, you may also like: Julia Reynolds can be reached at 648-1187 or jreynolds@montereyherald.com. Martin Ramirez, right, in Monterey County Court, with Sgt. When confronted about unauthorized trips, Hernandez said he slipped away without permission to play golf in Stockton. "Together, the government and Hernandez ran the street operations, installing a new organization, promoting and demoting members, setting up gun and drug deals, and espousing a philosophy of violence that eventually led to the death of a rival drug dealer, Raymond Sanchez," Zilversmit wrote in a 51-page statement filed in U.S. District Court in San Francisco in support of his motion to dismiss charges against his client, Armando "Suave" Heredia. Alberto "Bird" Larez was convicted in Operation Black Widow. Assistant U.S. Attorney Jason Hitt said the case against the newly indicted six grew stronger as the Valley Star trial unfolded last fall. He also admitted receiving about $7,000 for drugs and other criminal activities with gang members and to participating in other unauthorized drug deals while on the FBI's payroll. FBI informant Daniel Her- nandez at a Nuestra Familia gang meeting in Rohnert Park. Northern District of California FBI surveillance photo, HO / HO. Ceasefire depends on following through on commitments that if the violence doesnt stop, force will be applied vigorously.. San Francisco, CA 94102, San Francisco: (415) 436-7200 SAN JOSE - A federal grand jury returned an indictment charging 17 defendants with racketeering conspiracy, including acts involving murder, robbery, drug trafficking, and money laundering, and charging five others with drug trafficking-related crimes. Operation Black Widow Federal law enforcement agencies, long unable to infiltrate Nuestra Familia, began to step up their investigations in the late 1990s. Montoya is one of 10 who were charged in a federal drug conspiracy case, facing a maximum of life in prison. For more than 10 years, one of California's most brutal criminal organizations has been operating from behind the walls of the state's highest- security prison. 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