Leadership of the Devils Diciples Motorcycle Gang Convicted of Racketeering and Drug-Trafficking Charges

After a four-month trial, a federal jury in the Eastern District of Michigan convicted six members of the Devils Diciples Motorcycle Gang, including the national president, national vice president and national warlord, for their participation in various criminal acts, including violent crimes in aid of racketeering, methamphetamine production and trafficking, illegal firearms offenses, obstruction of justice, illegal gambling and other federal offenses. 

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan and Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office made the announcement.

“For too many years the Devils Diciples spread fear and violence throughout Michigan and the country,” said Assistant Attorney General Caldwell.  “This outlaw motorcycle gang thrived on intimidation and its ability to avoid prosecution – but no longer.  Through these convictions, we have decimated the gang and its leadership and helped secure justice for the communities they harmed.”

"These defendants were responsible for violence and trafficking in methamphetamine in Macomb County and across the country,” said U.S. Attorney McQuade.  “We are grateful for the work of the investigating agencies and the jury to bring them to justice."

“The defendants in this case perpetrated a broad range of violent criminal activities in support of their illegal enterprise,” said Special Agent in Charge Abbate.  “Today’s convictions, which targeted the leadership of this criminal organization, reflect the hard work and dedication of federal, state and local law enforcement, the Department of Justice Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Eastern District of Michigan.”

Devils Diciples national President Jeff Garvin Smith, aka “Fat Dog,” 60, of Mt. Clemens, Michigan; National Vice President Paul Anthony Darrah, aka “Pauli,” 50, of Macomb Township, Michigan; and National Warlord Cary Dale Vandiver, aka “Gun Control,” 56, of Sand Mountain, Alabama, were all found guilty by a jury of engaging in a RICO conspiracy, methamphetamine trafficking conspiracy, conspiracy to obstruct justice, violent crimes in aid of racketeering and various substantive charges.  Another prominent leader, Vincent John Witort, aka “Holiday,” 64, of Fontana, California, and a methamphetamine cook, Patrick Michael McKeoun, aka “Magoo,” 60, of Birmingham, Alabama, were found guilty of engaging in a RICO conspiracy and methamphetamine trafficking conspiracy.  David Randy Drozdowski, aka “D,” 38 of Fair Haven, Michigan, was found guilty by a jury of committing violent crimes in aid of racketeering and being a felon in possession of a firearm.  Scott William Sutherland, aka “Scotty Z,” 49, of Redford, Michigan, was acquitted by the jury of various charges, but previously pleaded guilty to being a felon in possession of a firearm.  Sentencing hearings will be scheduled at a later date before U.S. District Judge Robert H. Cleland of the Eastern District of Michigan.

According to evidence presented at trial, the Devils Diciples (which is intentionally misspelled) is a motorcycle gang with its national headquarters in Clinton Township, Michigan.  The Devils Diciples operated regional chapters in cities throughout Michigan, Alabama, Arizona, California, Illinois, Indiana, Ohio and elsewhere, and engaged in criminal activities for financial gain.

Evidence presented at trial demonstrated that membership in the Devils Diciples is based in part on successful completion of a probationary period, followed by formal approval by one or more members or leaders.  Members, commonly referred to as “full patched members,” are required to own Harley Davidson motorcycles and are required to follow orders from the gang’s leadership, including orders to assault, threaten and intimidate others, to transport and distribute drugs, to lie to law enforcement and to hide or destroy evidence.  Members are also required to follow the Devils Diciples by-laws and attend regular meetings referred to as “church.”

According to evidence presented at trial, Smith was the National President and Darrah was the National Vice President of the gang.  In those roles, they were responsible for overall management of the activities of the other Devils Diciples members and chapters, including giving final approval to any activity generally affecting the gang as a whole.  Vandiver was the National Warlord – or enforcer – of the gang.  With other gang members, the leaders also participated directly in criminal activities both for financial gain on behalf of the Devils Diciples, and to protect the gang and its members.

Specifically, the evidence showed that in late 2007, Smith and Darrah were involved in the shooting of a Devils Diciples member who failed to abide by the gang’s rules.  And, in August 2008, Smith violently assaulted the girlfriend of another Devils Diciples member because he believed she disrespected him and the gang. 

Additionally, the evidence showed that Smith possessed state and federal law enforcement manuals regarding outlaw motorcycle gangs marked “For Official Use Only” and “Law Enforcement Sensitive,” and numerous documents related to criminal matters involving members of the Devils Diciples, including police reports, search warrants, affidavits, indictments and witness interview transcripts.  The evidence showed that the documents were used for the purposes of counter-surveillance and to identify suspected informants. 

The other defendants were also full patched members of the gang, who committed several other acts of violence.

For example, in August 2003, Witort and other gang members robbed, kidnapped and attempted to murder members of the gang’s Arizona Chapter for violating the gang’s rules.  Inside the Arizona clubhouse, the victims were bound with duct tape and zip ties, and severely beaten with firearms, tasers, knives, and other weapons.  The victims were then loaded into the bed of a pick-up truck, driven out into the desert, dumped into ravines, and left to die.  The evidence showed that Witort and Smith helped to plan the beatings and that Smith later congratulated one of the participants, telling him in a letter that the Devils Diciples were “all proud of you.”

Additionally, the evidence demonstrated that in 2012, at a bar in Chesterfield Township, Michigan, Drozdowski and another Devils Diciples member assaulted a perceived rival motorcycle gang member for being present in Devils Diciples territory.  The victim was knocked unconscious and suffered multiple fractures to his face and jaw.  Drozdowski and the other Devils Diciples member then ripped the leather vest off of the unconscious victim. 

In addition to the defendants convicted today, 21 members and associates of the Devil’s Diciples have been pleaded guilty to various crimes as result of this investigation.  The investigation further resulted in the seizure of more than 60 firearms and more than 6,000 rounds of ammunition and the dismantling of eight methamphetamine manufacturing laboratories across the country.

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Superseding Indictment Against Westbank Gang Members Returned by Grand Jury

U.S. Attorney Kenneth A. Polite announced the return of a second superseding Indictment charging members of a violent Westbank gang associated with the Harvey Hustlers with violating federal drug and firearm laws, including multiple murders and shootings. A federal grand jury returned the second superseding Indictment against Harry Smoot, 30, Frankie Hookfin, 23, Ray Woodruff, 21, Andre Addison, a/k/a “Dooda,” 23, Lance Singleton, a/k/a “Life Taker,” 24, Terrance Kelley,a/k/a “Streets,” 28, Isaac Smith, a/k/a “Ike,” 21, Joequell Lewis, a/k/a “Blow,”27, Chris Brown,a/k/a “Ten,” 32, Richard Thomas, a/k/a “Stizzle,” 39, Terrell Wade, a/k/a “T-Dog,” 39, andClifford Sonnier a/k/a “Dut,” 25, all of Jefferson Parish. This Indictment is a product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by this violent Westbank gang.

The second superseding Indictment charges all defendants with conspiracy to distribute more than one kilogram of heroin and over 280 grams of crack cocaine, six defendants with three counts of murder in furtherance of drug trafficking activities, four defendants with two counts of discharging firearms in furtherance of drug trafficking crimes, as well as multiple counts of other firearms violations. All defendants are presently in custody pending trial.

If convicted of any of the murders in furtherance of drug trafficking, the defendants will face a maximum sentence of life in prison, a $250,000 fine, and five years of supervised release. If convicted of any additional shootings in furtherance of drug trafficking, the defendants face a mandatory sentence of 10 years of imprisonment to be served consecutive with any other sentence, a $250,000 fine, and five years of supervised release. All defendants are facing 10 years to life, a $10,000,000 fine, and at least five years of supervised release if convicted of conspiracy to distribute heroin and cocaine.

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Leader of Hells Angels Pleads Guilty to Federal Crimes in Connection with Brutal Assault

The leader of the Salem Chapter of the Hells Angels Motorcycle Club pleaded guilty in U.S. District Court to criminal charges in connection with the assault and maiming of a former member of the Red Devils Motorcycle Club.

Sean Barr, 50, of Lynn, pleaded guilty before U.S. District Judge Nathaniel M. Gorton to conspiring to commit violent crimes in aid of racketeering, maiming in aid of racketeering, assault with a dangerous weapon in aid of racketeering, and assault resulting serious bodily injury in aid of racketeering. On Feb. 5, 2015, three co-defendants, Marc Eliason, 37, of Lynn; Robert DeFronzo, 47, of Saugus; and Brian Weymouth, 42, of Danvers, pleaded guilty to similar charges. Eliason and DeFronzo were members of the Salem Hells Angels and Weymouth was a member of the Red Devils. The Red Devils Motorcycle Club is a support club of the Hells Angels.

Barr, Eliason, DeFronzo and Weymouth were involved in luring the victim, who was targeted for failing to follow orders issued by the Salem Hells Angels, and assaulting the victim. The victim was targeted because he failed to assault a former member of the Salem Hells Angels, who had been “put out bad” from the Hells Angels. At the Byfield clubhouse, the victim was surrounded by the defendants and beaten. During the assault, Barr used a ballpeen hammer, a favored weapon of the Hells Angels, to maim the victim by breaking a number of bones in the victim’s hand. Eliason and Weymouth then stole the victim’s motorcycle.

The charging statutes provide a sentence of no greater than three years in prison, one year of supervised release, and a $250,000 fine on the charge of conspiring to commit violent crimes in aid of racketeering; 30 years in prison, five years of supervised release, and a $250,000 fine on the charge of maiming in aid of racketeering; 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault with a dangerous weapon in aid of racketeering; and 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault resulting in serious bodily injury in aid of racketeering. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Barr and Eliason have each agreed to sentences of 97 months in prison, and DeFronzo and Weymouth have each agreed to sentences of 57 months in prison.

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Two Street Gang Leaders Plead Guilty to Drug Trafficking and Firearm Charges #OperationConcord

Alexis Hidalgo and Jonathan DaSilva, the respective leaders of two Boston street gangs—the Hendry Street Gang and the Woodward Avenue Gang—pleaded guilty to drug trafficking and firearm charges.

Hidalgo, 34, and DaSilva, 31, both of Boston, each pleaded guilty before U.S. District Court Judge Rya W. Zobel to conspiracy to distribute crack cocaine, cocaine, marijuana, and oxycodone, as well as firearm related charges. In January 2013, Hidalgo and DaSilva were two of 29 defendants charged with drug trafficking and firearm charges arising out of Operation Concord, a joint investigation conducted by the Federal Bureau of Investigation, Boston Police Department, Massachusetts State Police, and Homeland Security Investigations that focused on gang violence and drug dealing in the Henry Street and Woodward Avenue areas of Boston. During the course of Operation Concord, law enforcement officials seized approximately $400,000 in cash, guns, jewelry, gold and silver bars, and several luxury vehicles.

From August 2011 through January 2013, Hidalgo and DaSilva, the respective heads of the Hendry Street and Woodward Avenue gangs, ran a lucrative drug trafficking business distributing crack cocaine, cocaine, marijuana, and oxycodone which was in turn distributed in Boston, Brockton, and Maine.

Hidalgo and DaSilva operated their drug business out of two primary locations: a house at 37 Hendry Street in Boston and a house known as “the Trap” at 36 Woodward Avenue in Boston. Customers seeking crack and marijuana would go to 37 Hendry Street to purchase drugs from gang members who stored the drugs and cooked cocaine into crack in the second floor apartment. In August 2012, 37 Hendry Street was shut down by the City of Boston as a result of numerous neighborhood complaints of drug and gang activity.

“The Trap” at 36 Woodward Avenue, which was run by DaSilva, operated as a round-the-clock distribution center for crack, oxycodone, cocaine and marijuana. When 37 Hendry Street was shut down, Hidalgo transferred his crack business to 36 Woodward Avenue.

Hidalgo and DaSilva used gang members to distribute and store drugs, drug proceeds, and to carry out gang-related missions. For example, on Oct. 23, 2012, DaSilva directed gang member Patrick “Pistol” Gomes to obtain a firearm and go to Roxbury District Courthouse to assist a fellow gang member who was “trapped” by a rival gang member. Gomes asked DaSilva if he had a “greenlight” to shoot if necessary and DaSilva gave Gomes the go-ahead. Investigators had Gomes stopped in his rental car by the police outside of the Roxbury courthouse where officers seized a fully loaded Ruger P89 semiautomatic handgun from the glove box. On Feb. 4, 2015, Gomes pleaded guilty to conspiracy to distribute cocaine base and marijuana and being a felon in possession of a firearm and ammunition.

The charging statutes provide a sentence of no less than 10 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million on the charge of conspiracy to distribute controlled substances; no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $10 million on the charges of distribution of controlled substances; no greater than 10 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $250,000 on the charge of being a felon in possession of a firearm. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Hidalgo has agreed to a sentence of 144-168 months in prison and DaSilva has agreed to a sentence of 120-168 months in prison. Both defendants also agreed to the forfeiture of cash, jewelry, and luxury vehicles.

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Gang Member Sentenced to 10 Years in Prison for Heroin Trafficking #OperationWhiplash

A gang member was sentenced to 10 years in prison for heroin trafficking.

Jairo Fernandez, 27, was sentenced by U.S. District Court Judge Denise J. Casper to ten years in prison and four years of supervised release. In November 2014, Fernandez pleaded guilty to conspiracy to distribute heroin and distributing heroin. At that hearing, Fernandez admitted responsibility for over 100 grams of heroin.

The case was part of Operation Whiplash, an investigation of several street gangs in and around Lynn and Revere. Over the past two years, Operation Whiplash has resulted in federal and state charges against 47 leaders, members and associates of gangs, including Money Over Broken Bitches (MOBB), the Crips and Deuce Boyz in Lynn and the Bloods in Revere. As part of the investigation, law enforcement identified Fernandez as a member of the Deuce Boyz gang.

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Is the Mafia Still Alive Today?

In mid-1950s, the Italian-American criminal organization known as Cosa Nostra was enjoying the peak of its political influence and economic success. At the time, many questioned the organization’s presence. J. Edgar Hoover completely denied its existence for years. And unfortunately for the criminals describing themselves as “businessmen,” their reign atop the criminal underworld was swiftly coming to a close. Why did the power of Cosa Nostra begin to decline? Is this decline indicative of the death of the mob? And what does today’s mob look like?

The factors that led to this near cessation of overwhelming power are numerous, but two stand out as the most influential. The first is the death of omertà, the code of silence, and the resulting convictions. The second factor involved other criminal organizations pushing Cosa Nostra to the periphery as a result of competition. In spite of these factors, though, the mafia is still very much alive.

A Death in the Family

The downsizing of the mafia began in 1959 with the arrest of Joe Valachi. Valachi was associated with the Genovese family of New York, which was prominent in Cosa Nostra. Offered a deal in which he could either testify about the mafia or face the death penalty, Valachi decided to talk. In an interview with the HPR, Jeffrey Robinson, author of The Merger: How Organized Crime is Taking Over the World, claimed that this was a pivotal point in the history of the Italian mob: “He broke omertà. That’s really a very important moment because until then nobody talked … the FBI realized that they could get inside Italian organized crime.” According to Robinson, FBI agents began approaching mob figures and offer protection from prosecution in exchange for information on other mobsters. It was an overwhelmingly successful approach.

This strategy leveled serious blows to the structure of Cosa Nostra, culminating in the Mafia Commission Trials of 1987 that indicted each head of New York’s Five Families. In 1992, even John Gotti, known as “Teflon Don” because charges never seemed to stick to him, was convicted on charges related to his organized crime activities. Omertà was dead for Cosa Nostra. According to Robinson, so many people flipped that the Sicilian mafia was able to enter the scene and take control of three of the Five Families of New York. They have maintained control to this day.

Ending an Illegal Monopoly

Cosa Nostra’s peaceful cooperation with other criminal organizations also contributed to the group’s decline. Traditionally, moving onto another group’s territory ensured a war. But according to Robinson, as Russian fraudsters relocated to Miami (Colombian territory)—followed by Italians interested in the heroin market—nobody was being killed. Law enforcement soon came to believe that this was because of collaboration between the organizations. When crack cocaine became readily available, many new criminal organizations got involved, and their quickly expanding influence muscled Cosa Nostra into the periphery. This loss of total power, coupled with the end of omertà, forced the Cosa Nostra into a largely successful effort to downsize.

Several criminal organizations, such as the Russian mob and the Mexican cartels, have filled Cosa Nostra’s power void in the United States. New York University professor Mark Galeotti told the HPR that Russian operations in the United States consist mainly of fraud, including schemes that target the U.S. government. He explains, “There are millions upon millions [of dollars] being looted from Medicare and Medicaid [by Russian organized crime].” Similarly, law enforcement has largely failed in stopping the Mexican drug cartels. In an interview with the HPR, Ioan Grillo, author of El Narco: Inside Mexico's Criminal Insurgency, argued that despite efforts by law enforcement to stop the cartels, “you still have a drug industry, you still have thousands and thousands of people working for organized crime, you still have millions of consumers of drugs, and you still have high levels of violence.” Grillo also acknowledged the success of other organizations in exporting their gangs to the United States, particularly Colombian gangs and Jamaican “posses.” These organizations may have supplanted the former power and influence of Cosa Nostra. However, despite their reduced influence, the Italians continue to operate.

Into the Modern Era

In the wake of September 11, the FBI’s focus on organized crime has decreased sharply in favor of counterterrorism operations. In a government document titled “10 Years After: The FBI After 9/11,” the FBI acknowledged that it shifted resources from criminal matters to counterterrorism. The document notes that the number of counterterrorist intelligence analysts has doubled. According to current New York City Police Commissioner William J. Bratton in a 2007 Policing article, “As law enforcement reacted to the aftermath of 9/11, and the United States’ federal dollars and priorities shifted, organized crime groups were able to exploit the reduction in law enforcement attention and moved aggressively to establish new ‘trade routes’ and alliances.” In a 2011 interview with CUNY TV, former New York Times reporter Selwyn Raab claimed that there were once 500 members of law enforcement working on organized crime in New York City. Now, he said, there are around 50, enabling the survival of Cosa Nostra.

According to Robinson, Italian-American organized crime has found a niche role in construction, extortion and protection rackets. In the construction industry, he explains, Cosa Nostra profits by winning bids to do contract work and then fraudulently collecting revenue for unnecessary or absent employees. According to a close friend of Robinson’s who is now in the witness protection program, five percent of all construction funds in the city of New York go to the mafia. Joseph Pistone, a former FBI agent who infiltrated Cosa Nostra in New York, told Quebec’s Charbonneau Commission, which was investigating construction bid corruption, that the mob controls the construction industry via unions. He said that the mafia bosses control unions and subsequently threaten to strike if the company doesn’t relinquish a “fee.” Robinson adds that the mafia still operates protection rackets, in which a business owner will be threatened and then asked to pay a fee for “protection” from this threat.

Despite its reduced influence, Italian-American organized crime is unquestionably alive. The death of omertà, combined with a crowded criminal market, resulted in a downsizing of Cosa Nostra’s criminal operations. It has transformed from a monopoly on the criminal underworld to another small player in a global network. Despite its diminished influence, it has successfully downsized its operations, paving the way for a sustainable, albeit smaller, operation. Cosa Nostra is not dead, and won’t be anytime soon.

Thanks to Jack Boyd.

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3 MS-13 Members Sentenced to Prison for a Gang-Related Murder and Shooting

Three MS-13 gang members were sentenced to federal prison for violent crimes that they committed on behalf of the gang, including the 2006 murder of a rival gang member and 2008 shooting of a teenage boy, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney John A. Horn of the Northern District of Georgia.

Miguel Guevara, aka Blacky, 31, of Fort Walton Beach, Florida; Irvin Mejia Cruz, aka Triste, Lil Triste, 24, of Duluth, Georgia; and Walter Aldana, aka Goofy, 24, of Norcross, Georgia, were sentenced to 30 years in prison, nine years in prison, and 10 years in prison, respectively. U.S. District Judge Richard W. Story of the Northern District of Georgia imposed the sentences.  The defendants each pleaded guilty in October 2013 to RICO conspiracy, and Guevara also pleaded guilty to using a firearm in relation to the commission of a crime of violence.

According to admissions made in connection with the defendants’ guilty pleas, the charges and other information presented in court, Mara Salvatrucha 13, or MS-13, is an international gang that originated in El Salvador and Honduras and spread to the United States. MS-13 members are organized into regional “cliques” within the larger gang. Each clique has a leader, often referred to as “the first word,” who conducts weekly meetings. At these meetings, members discuss their crimes and their plans to retaliate against rival gang members. The clique leaders collect dues from the gang members, which they use to buy guns and post bail for jailed gang members. Clique leaders often send money back to MS-13 leaders in their home countries, and report back to the same leaders about the clique’s activities on behalf of the gang.

MS-13 has operated in the greater Atlanta area since at least 2005. The gang staked out Gwinnett and DeKalb Counties as their home territory, where they committed murders, attempted murders and armed robberies, among other crimes.

According to admissions in connection with his guilty plea, Guevara was a member of MS-13, but in 2006, he decided to become less active in the gang and sought permission to “calm down” from the leader of his clique, Miguel Alvarado-Linares, aka Joker. Alvarado-Linares discussed this with other members at a meeting of the clique on Dec. 23, 2006, and the other gang members agreed that Guevara would have to shoot at a suspected rival gang member before he could become inactive. Guevara admitted that he and other gang members went to a nightclub in the early morning hours of Dec. 24, 2006 to hunt for rival gang members. Guevara admitted that he saw two rival gang members walk out of the night club and get into a car. Guevara and the other MS-13 members then followed the rival gang members. As the rival gang members exited the freeway, the MS-13 gang members pulled alongside, and Guevara fired multiple shots at the rival gang members. Guevara killed one of the gang members and wounded the other.

In connection with their guilty pleas, Cruz and Aldana admitted that they belonged to the same MS-13 clique. They further admitted that Mejia Cruz advised Aldana to shoot someone if he wanted to earn more respect within MS-13, and, on Aug. 21, 2008, Mejia Cruz gave Aldana a gun for the task. Aldana admitted that he left Mejia Cruz’s house with the gun, and encountered a group of teenagers, some of whom were playing basketball. Aldana challenged the teenagers, “Who do you claim,” asking to which gang they claimed allegiance. He then started firing into the crowd and struck a 14 year-old boy in the back. Aldana called out “Mara Salvatrucha” as he fled on foot.  He later returned the firearm to Mejia Cruz.

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