In the following press release R. Alexander Acosta, United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration, Miami Field Office, and Betty N. Stewart, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, announced today the unsealing of an Indictment against defendants Manuel Pupo, a/k/a Tata, Elieser Pupo, Serguey Pupo, Elmer Pupo, a/k/a Elmes, Maritza Perez, Noel Albanes-Gomez, Omar Cardenas, Zenaida Rodriguez and Magalys Fajardo, a/k/a Magalys Rodriguez, all currently of Miami, FL.

The Indictment charges conspiracy to manufacture and possess with intent to distribute more than 1,000 marijuana plants, in violation of Title 21, United States Code, Sections 841(a)(1) and 846; 5 counts of manufacturing and possessing with intent to distribute varying numbers of marijuana plants, in violation of Title 21, United States Code, Section 841(a)(1); 5 counts of maintaining a place to manufacture and distribute marijuana, in violation of Title 21, United States Code, Section 856(a)(1); conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 1349; 15 counts of mail fraud, in violation of Title 18, United States Code, Section 1341; conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956; 14 counts of money laundering, in violation of Title 18, United States Code, Section 1956; and related forfeitures.

As set forth in the Indictment, from on or about March 2, 2004, and continuing through about May 1, 2008, Manuel Pupo, a/k/a Tata, Elieser Pupo, Serguey Pupo, Elmer Pupo, a/k/a Elmes, Maritza Perez, Noel Albanes-Gomez, Omar Cardenas, and Zenaida Rodriguez were the buyers and sellers of real estate in St. Lucie County, Miami-Dade County, Lee County, Columbia County, and Marion County, Florida. At least ten of the houses were purchased through fraudulent mortgage applications, and after purchase, were used and maintained as marijuana grow houses. The defendants made false representations of material facts in mortgage applications, thereby causing mortgage companies to issue mortgages for the purchase of 18 houses.

[Ed.note - the properties mentioned in the indictment are:

1614 SE Chello, Port St Lucie
362 Majestic Terrace, Port St. Lucie
3872 SW Chicopee, Port St. Lucie
3234 SW Escarole, Port St. Lucie
3011 SE Tipton, Port St. Lucie
5505 NW Dunn, Port St. Lucie
19911 Eagle Nest Road, Miami
9355 SW 193rd Drive, Miami
20925 SW 129th Place, Miami
21921 SW 129th Place, Miami
21314 SW 129th Place, Miami
1607 Oak Avenue, Lehigh Acres
703 Roosevelt, Unit 12, Lehigh Acres
3910 18th Street West, Lehigh Acres
3952 SW Circle 18, Fort White
184 NW Wildflower Lane, Lake City
452 NW Ambleside Drive, Lake City
3045 SE 156th Place, Ocala

[end]

The Indictment further alleges, on a number of the fraudulent transactions, the loan officer was defendant Magalys Fajardo, a/k/a Magalys Rodriguez, who was employed by mortgage brokers, LendAmerica Home Loans, Bluetrust Capital, and Monster Mortgage, Inc. As part of the mortgage lending process, the defendants, via Magalys Fajardo, a/k/a Magalys Rodriguez, allegedly submitted fraudulent Uniform Residential Loan Applications, Requests for Verification of Employment, Requests for Verification of Deposit, IRS Forms W-2, payroll stubs, bank statements, as required by the mortgage lenders, through the mortgage broker to the lender for review and credit worthiness approval. The aggregate dollar amount of all loans procured fraudulently by the defendants from the mortgage lenders exceeded six million dollars.

Finally, the Indictment alleges that defendants conducted money laundering transactions in an effort to conceal the source of the money and continue to promote the illegal activity. In addition to the criminal charges, the Indictment seeks to forfeit any proceeds that the defendants received from the marijuana grows and the mortgage fraud.

If convicted, the conspiracy to manufacture and possession with intent to distribute 1000 or more marijuana plants counts carry a statutory maximum penalty of 10 years’ to life imprisonment; the manufacturing and possessing with intent to deliver 100 or more marijuana plants counts carry a maximum penalty of 5 years’ to 40 years’ imprisonment; the manufacturing and possessing with intent to distribute more than 50 marijuana plants carry a statutory maximum penalty of 5 years’ imprisonment; the conspiracy to maintain a place to manufacture and distribute marijuana counts carry a statutory maximum penalty of 20 years’ imprisonment; the maintaining a place to manufacture and distribute marijuana counts carry a statutory maximum penalty of 20 years’ imprisonment; conspiracy to commit mail fraud counts carry a statutory maximum penalty of 20 years’ imprisonment; and the mail fraud counts carry a statutory maximum penalty of 20 years’ imprisonment.

Mr. Acosta commends the investigative efforts of the Port St. Lucie Police Department, the Drug Enforcement Administration and the Internal Revenue Service. The case is being handled by Assistant United States Attorneys Carmen Lineberger, Diana Acosta and Antonia Barnes.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Update on Tuesday, October 6, 2009 at 11:02AM by The Editor - Ian Shuter - ACFE, DMS

Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration, Miami Field Office, and Daniel W. Auer, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, announced today the guilty pleas of defendants Manuel Pupo, a/k/a Tata, Elieser Pupo, Serguey Pupo, Elmer Pupo, a/k/a Elmes, all formerly of Miami, FL. They are scheduled to be sentenced on Friday, December 11, 2009 before U.S. District Court Judge Jose E. Martinez.

The four defendants, all brothers, pled guilty to a Superseding Information, which charged conspiracy to manufacture and possess with intent to distribute more than 100 marijuana plants, in violation of Title 21, United States Code, Sections 841(a)(1) and 846; conspiracy to maintain a place to manufacture and distribute marijuana, in violation of Title 21, United States Code, Section 856(a)(1); conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 1349; and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h).

Full press release

Update on Wednesday, October 28, 2009 at 10:06PM by The Editor - Ian Shuter - ACFE, DMS

Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration, Miami Field Office, and Daniel W. Auer, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, announced that defendant Noel Albanes-Gomez, formerly of Miami, FL, was convicted on Thursday, October 22, 2009, on conspiracy and mail fraud charges for his participation in a mortgage fraud scheme. Sentencing has been scheduled for Friday, January 22, 2010, before the U.S. District Court Judge Jose E. Martinez.

In May 2006, Port St. Lucie Police began an investigation, soon joined by the Drug Enforcement Administration, that led to the discovery of numerous hydroponic marijuana grow houses in St Lucie County, Florida. These marijuana grow houses were established and operated by the Pupo organization. According to the trial evidence, in September 2005, at the behest of Elieser Pupo, defendant Noel Albanes-Gomez purchased a house on Chello Lane, in Port St. Lucie.

Co-defendant Magalys Fajardo, a mortgage broker, testified at trial that she falsified Albanes-Gomez’s mortgage application as part of her agreement with Albanes-Gomez and co-defendant Elieser Pupo. The mortgage application contained materially false information regarding the intended use of the property and Albanes-Gomez’s employment and income. Magalys Fajardo previously pled guilty and was sentenced to 27 months in jail on August 7, 2009.

Another witness, Liban Beritan, testified that he was recruited by Elieser Pupo to maintain the house that would be used to grow and distribute marijuana. This house was converted by Elieser Pupo and his brothers into a hydroponic grow house, equipped with a sophisticated timed watering and lighting system with electric meter diversions. According to Beritan, he was required to sign a lease with Noel Albanes-Gomez. As part of the agreement, Elieser Pupo paid for Beritan’s living expenses and transportation, and supplied and set up the grow house materials (including marijuana plants). As well, Pupo taught Beritan how to care for and harvest the mature marijuana plants. Beritan testified that he was promised $1000 per pound of marijuana harvested.

Noel Albanes-Gomez testified in his own defense, and admitted that he bought the house at the behest of his lifelong friend, Elieser Pupo, because of his good credit and as an investment. He denied knowing the mortgage application was false. He also admitted that all payments were made by Elieser Pupo, including his deposit on the property. During his testimony, he admitted owning a grow house in Miami in November 2005, but denied any knowledge of the marijuana growing in his Port St. Lucie property.

The conspiracy to commit mail fraud and the substantive mail fraud count each carry a statutory maximum penalty of 20 years’ imprisonment.

Mr. Sloman commended the investigative efforts of the Port St. Lucie Police Department, the Drug Enforcement Administration, and the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.

Full press release