case 1:14-cr-10104-wgy document 23 filed 12/17/14 page 1 …...did you buy a car from andy, the car...

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA ) Criminal No. )

v. ) VIOLATIONS: ) 18 U.S.C. § 1623

OSCAR HERNANDEZ, JR., ) False Declaration Before a ) Grand Jury

Defendant. )

) 18 U.S.C. § 1503 ) Obstruction of Justice )

) 18 U.S.C. § 1512 ) Witness Tampering )

) 18 U.S.C. § 371 ) Conspiracy to Deliver ) Firearms to Non-Resident )

SUPERSEDING INDICTMENT

BACKGROUND

The Grand Jury charges that:

1. In July, 2013, a grand jury of the United States in the

District of Massachusetts began investigating the interstate

transportation of firearms from Florida to Massachusetts. The grand

jury's investigation was based, in part, upon trace information

obtained by the Bureau of Alcohol, Tobacco, Firearms and Explosives

( \\ATF" ) , in response to a request from the Massachuset ts State Police,

on three firearms that were recovered in connection with an

investigation into a June 17, 2013 homicide in North Attleboro,

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Case 1:14-cr-10104-WGY Document 23 Filed 12/17/14 of 17

Massachusetts. The ATF works with state and local law enforcement

to determine the origin of firearms used in crimes by tracing the

serial numbers of any firearms recovered.

2. In late June, 2013, the ATF had determined that each of

the three firearms was purchased in Florida in April, 2013 within

nine days of one another. Specifically, the ATF determined that,

on April 24, 2013, an individual referred to herein as "John Doe #1"

purchased a Jimenez Arms, .22 caliber pistol, bearing serial number

1131344 (the "Jimenez Arms Pistol 1"), at the True Value hardware

store in Belle Glade, Florida; and that, on April 16, 2013, an

individual referred to herein as "John Doe #2" purchased a Jimenez

Arms, .22 caliber pistol, bearing serial number 1144296 (the "Jimenez

Arms Pistol 2"), from the same True Value hardware store in Belle

Glade, Florida.

3. With respect to the third firearm, on June 22, 2013, the

Massachusetts State Police executed a search warrant in North

Attleboro, Massachusetts, the residence of an individual referred

to herein as "John Doe #3." During the search, the Massachusetts

State Police recovered a FEG, 7.62X39 caliber rifle, bearing serial

number HF0372 (the "FEG Rifle"), inside a gray Toyota Camry, with

Florida license plate number ***MJP ("the Toyota Camry"), that was

parked in the garage of the residence in North Attleboro,

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Massachusetts. The ATF determined that, on April 15, 2013, the FEG

Rifle was purchased by an individual referred to herein as "John Doe

#4" from CWJC Enterprise (the "Delray Shooting Center") in Delray

Beach, Florida.

COUNT ONE

(18 U.S.C. § 1623 - False Declaration Before a Grand Jury)

4. The factual allegations in paragraphs one through three

are herein incorporated in full.

5. On December 4, 2013, in Boston, within the District of

Massachusetts, the defendant,

OSCAR HERNANDEZ, JR.,

while under oath in a proceeding before a grand jury of the United

States in the District of Massachusetts, knowingly made a false

material declaration, that is, he gave the following underlined false

testimony in response to questions concerning a material matter:

Q - Are you familiar with a Toyota Camry -

A - No, sir.

Q - -- that was ultimately, I will tell you, ultimately recovered in the garage of [John Doe #3]?

A - No, sir.

Q - Did you ever own or purchase one?

A - No, sir.

Q - A Toyota Camry that was purchased in and around that same

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time period of late April 2013?

A - No, sir.

(Witness shown photographs of the Toyota Camry.)

Q - 1 1m going to show you a group of photographs and ask if you recognize what I I m handing you as well. They Ire obviously over-exposed, take a look at them carefully, so. Do you recognize any of the six photographs I've handed you?

A - No, sir.

Q - One of them in fact has a license plate, does it not?

A - Yes, sir.

Q - Okay, so are you familiar with this particular car?

A - No, sir.

Q - Have you ever seen it before?

A - No, sir.

********************

Q - Did you purchase a Toyota Camry from [an individual referred to herein as ~KS" or ~K"J? Do you know K?

A - I don I t If you Ire talking about the same guy, I don It know him by K.

Q - What do you know about him?

A - We call him Andy.

Q - What do you call him?

A - Andy.

Q - Andy?

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A - Yeah.

Q - You know Andy is a guy that works on cars, right?

A - Yeah, he works on my truck.

Q - Did you buy a car from Andy, the car being a Toyota Corolla (sic) that you shipped to Massachusetts?

A - No, sir.

Q - You bought no car from Andy?

A - No, sir.

6. The testimony by the defendant OSCAR HERNANDEZ, JR.

underlined above, as he then and there well knew, was false in that

in fact the defendant had purchased the Toyota Camry from KS. The

false statement was material because the grand jury was investigating

the interstate transportation of firearms from Florida to

Massachusetts in, among other things, the Toyota Camry, and it was

thus important to determine who bought and shipped the Toyota Camry.

All in violation of Title 18, United States Code, Section 1623.

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COUNT TWO











1 1mQ - going to hand you a group a documents and ask you just to take a look at a couple sections of them while I put them up. Is this your phone number right here as the pick-up information? Is that your phone number, ***-***-0678?

A - That's my phone number.

Q - Is that your name Oscar there?

A - Yes, sir.

Q - And is that your address?

A - Yes, sir.

(Records marked as Exhibit number 4.)

Q - I suggest to you that these are records from Car Delivery, Inc. concerning the transportation of a Toyota Camry. want you to take a look at this. Is that your name right here? Oscar?

-6

I


A - Yes, that's my name.

Q - Your address and phone cell phone number?

number that follow, meaning your

A - Yes, sir.

********************

Q - Okay, can you explain how your name got on these documents demonstrating that you picked up and were prepared to pay for the transportation of that vehicle to [an individual referred to herein as "Jane Doe #1"] in North Attleboro, Massachusetts?

A - I never did. I never seen anything like that. called the car company or nothing before.

Never

Q - Never called the car company?

A - No, sir.

********************

Q - How is it that you can tell the Grand Jury that you did not ship this car then?

A - I never shipped a car before, sir?

Q - Did you purchase the car?

A - I never purchased the car before.

Q - Did you ship the car?

A - No, I didn't.

Q - Did you ask someone else to ship the car and provide

A - No, sir.

Q - - your information?

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A - No, sir.

9. The testimony by the defendant, OSCAR HERNANDEZ, JR.


the defendant had in fact shipped the Toyota Camry and caused it to

be shipped to Jane Doe #1, at John Doe #3's residence in North

Attleboro, Massachusetts. The false statement was material because

the grand jury was investigating the interstate transportation of

firearms from Florida to Massachusetts in, among other things, the

Toyota Camry, and it was thus important to determine who bought and

shipped the Toyota Camry.


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COUNT THREE











Q - So did you ever ask [an individual referred to herein as "DB"] if he could transport a car for you?

A - No, sir.

Q - In particular, did you ask him around April 11th of 2013, around just a few days before all these calls to this transport company starting on April 19th?

A - No, sir.

12. The testimony by the defendant, OSCAR HERNANDEZ, JR.


in fact the defendant had requested DB to ship the Toyota Camry. The

false statement was material because the grand jury was investigating

the interstate transportation of firearms from Florida to

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Massachusetts in, among other things, the Toyota Camry, and it was

thus important to determine who bought and shipped the Toyota Camry.


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COUNT FOUR

(18 U.S.C. § 1503 - Obstruction of Justice)

13. The factual allegations in paragraphs one through three,

five, six, eight, nine, eleven, and twelve are herein incorporated

in full.

14. On or about December 4, 2013, in Boston, in the District

of Massachusetts, and elsewhere, the defendant,


did corruptly endeavor to influence, obstruct, and impede the due

administration of justice in that the defendant did knowingly make

misleading and false declarations, as set forth in the testimony in

paragraphs five, eight, and eleven above, and concealed relevant

information while testifying under oath before a United States grand

jury for the District of Massachusetts.


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COUNT FIVE

(18 U.S.C. § 1512 - Witness Tampering)



19. Beginning on or about November 13, 2013, and continuing

until on or about January 31, 2014, in Boston, in the District of



did knowingly attempt to corruptly persuade another person, \\KS, "

with the intent to influence the testimony of KS in, and with the

intent to cause and induce KS to withhold testimony from, an official

proceeding, that is, an investigation by a grand jury of the United

States in the District of Massachusetts into the interstate

transportation of firearms from Florida to Massachusetts.

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

1512 (b) (1) and (b) (2) (A) .

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COUNT SIX

(18 U.S.C. § 371 - Conspiracy to Deliver Firearms to Non-Residents)



21. Beginning on or about April 1, 2013, and continuing until

on or about June 30, 2013, in Florida, California, the District of

Massachusetts, and elsewhere, the defendant,


knowingly conspired with persons known and unknown to the grand jury

to commit an offense against the United States, to wit: not being

a licensed importer, manufacturer, dealer, and collector of

firearms, to transfer, sell, transport, and deliver a firearm to a

person not a licensed importer, manufacturer, dealer, and collector,

who the transferor knew and had reasonable cause to believe did not

reside in the State in which the transferor resided, in violation

of Title 18, United States Code, Section 922(a) (5)

Manner and Means of the Conspiracy

22. It was a part of the conspiracy that OSCAR HERNANDEZ, JR.,

was a Florida resident.

23. It was a further part of the conspiracy that OSCAR

HERNANDEZ, JR., was not licensed under the provisions of Chapter 44

of Title 18 of the United States Code as an importer, manufacturer,

dealer, and collector of firearms.

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24. It was a further part of the conspiracy that OSCAR

HERNANDEZ, JR., knew, and had reasonable cause to believe, that

co-conspirator John Doe #3 and Jane Doe #1 did not reside in Florida.

25. It was a further part of the conspiracy that John Doe #3

and Jane Doe #1 resided in Massachusetts.

26. It was a further part of the conspiracy that neither John

Doe #3 nor Jane Doe #1 was licensed under the provisions of Chapter

44 of Ti tle 18 of the Uni ted States Code as an importer, manufacturer,

dealer, and collector of firearms.

27. It was a further part of the conspiracy that John Doe #3

provided funds for OSCAR HERNANDEZ, JR., to purchase firearms in

Florida.

28. It was a further part of the conspiracy that after the

firearms were purchased, OSCAR HERNANDEZ, JR., arranged and paid for

the firearms to be transported to Massachusetts for John Doe #3.

29. It was a further part of the conspiracy that Jane Doe #1

also arranged for the transportation of the firearms Florida to

Massachusetts and paid for a portion of the associated shipping

costs.

Overt Acts in Furtherance of the Conspiracy

30. In furtherance of the conspiracy and to effect its object,

the following overt acts were committed in Florida, California, the

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District of Massachusetts, and elsewhere:

A. On or about and between April 8 and 11, 2013, OSCAR

HERNANDEZ, JR., was in contact with John Doe #3.

B. On or about April 11, 2013, John Doe #3 deposited funds

into a Bank of America account (the "Bank Account") for OSCAR

HERNANDEZ, JR.

C. On or about April 11, 2013, funds were withdrawn from the

Bank Account for OSCAR HERNANDEZ, JR.

D. On or about April 12, 2013, funds were withdrawn from the

Bank Account for OSCAR HERNANDEZ, JR.

E. In or about April, 2013, OSCAR HERNANDEZ, JR., purchased

a used gray Toyota Camry, with Florida license plate number ***MJP

( "the Toyota Camry") .

F. On or about April 15, 2013, John Doe #4 purchased a FEG,

7.62X39 caliber rifle, bearing serial number: HF0372, from CWJC

Enterprises (the "Delray Shooting Center") in Delray Beach, Florida.

G. On or about April 16, 2013, John Doe #2 purchased a Jiminez

Arms, .22 caliber pistol, bearing serial number 1144296 (the "Jiminez

Arms Pistol 2"), at a True Value hardware store in Belle Glade,

Florida.

H. On or about April 17, 2013, John Doe #1 purchased a Jiminez

Arms, .22 caliber pistol, bearing serial number 1131344 (the "Jiminez

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Arms Pistol 1") r at the same True Value hardware store in Belle Glade,

Florida.

I. On or about April 24, 2013, John Doe #1 received the Jiminez

Arms Pistol 1.

J. On or about and between April 19 and 27, 2013, OSCAR

HERNANDEZ, JR., spoke with members of a car transportation company

to arrange for the shipping of the Toyota Camry from Florida to

Massachusetts.

K. On or about and between April 29 and May I, 2013, Jane Doe

#1 spoke with members of a car transportation company to arrange for

the shipping of the Toyota Camry from Florida to Massachusetts.

L. The Toyota Camry, with the firearms inside, was shipped

to Massachusetts.

M. On or about May I, 2013, John Doe #3 and Jane Doe #1 paid

for the delivery of the Toyota Camry.

N. On or about May I, 2013, John Doe #3 and Jane Doe #1 received

the Toyota Camry and the firearms in Massachusetts.


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A TRUE BILL,

FO i~r?) URY

e . McKinlay ASSISTANT U.S. ATTORNEY

DISTRICT OF MASSACHUSETTS December 17, 2014

Returned into the District Court by the Grand Jurors and filed.

Deputy Cle.r~11. I~~. l ~(I"1( (tf

t·t·

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----

------------------

~JS 45 (5/97) - (Revised USD.C MA 3/2512011)

City Related Case Information:

Criminal Case Cover Sheet U.S. District Court - District of Massachusetts

II ATFPlace of Offense: Category No. Investigating Agency

North Attleboro

Bristol x 14-10104-WGYCounty Superseding Ind.llnf. Case No. Same Defendant __x _ New Defendant Magistrate Judge Case Number Search Warrant Case Number R 20/R 40 from District of

Defendant Information:

Defendant Name Oscar Hernandez, Jr. Juvenile: DYes [{]No

Is this person an attorney and/or a member of any state/federal bar: DYes [{] No

Alias Name "Papoo"

Address (City & State)

Birth date (Yr only): 1990 SSN(last4#): 4905

Defense Counsel if known:

Orlando, FL

Sex M

Charles Mcginty

Race: Black

Address Fede

Nationality: USA -------

ral Defenders Office

Bar Number

U.S. Attorney Information:

AUSA Glenn A. MacKinlay Bar Number if applicable

Interpreter: DYes [{] No List language and/or dialect:

Victims: DYes [{] No If yes, are there multiple crimevictims under 18 USC§377I(d)(2) DYes DNo

Matter to be SEALED: DYes [{] No

DWarrant Requested [{] Regular Process D In Custody

Location Status:

Arrest Date

April 17, 2014 pretrial detention [{]Already in Federal Custody as of _:..- in

DAlready in State Custody at ---------- []serving Sentence [}.waiting Trial

DOn Pretrial Release: Ordered by: on

Charging Document: DComplaint D Information [{]lndictment

Total # of Counts: Dpetty--- DMisdemeanor [{]Felony 6

Continue on Page 2 for Entry ofU.S.C. Citations

I hereby certify that the case numbers of any prior proc accurately set forth above.

Signature of AUSA:Date:

Case 1:14-cr-10104-WGY Document 23-1 Filed 12/17/14 Page 1 of 2

JS 45 (5/97) (Revised U.SD.C. MA 1217105) Page 2 of2 or Reverse

District Court Case Number (To be filled in by deputy clerk):

Name of Defendant Oscar Hernandez, ,Jr.

U.S.c. Citations

Index Key/Code Description of Offense Chan::ed Count Numbers

18 U.S.C. § 1623 Perjury before the Grand Jury 1-3Set I

418 U.S.C. § 1503 Obstruction of JusticeSet 2

18 U.S.C. § 1512 Witness Tampering 5Set 3

18 U.S.C. §§ 371, 922(a)(5) Conspiracy to Transfer Firearm to Non-Resident 6Set 4

Set 5

Set 6

Set 7

Set 8

Set 9

Set 10 _

Set 11 _

Set 12 _

Set 13 _

Set 14 _

Set 15 _

ADDITIONAL INFORMATION:

cr Js-45-MA201I.wpd - 3/25/2011

Case 1:14-cr-10104-WGY Document 23-1 Filed 12/17/14 Page 2 of 2

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