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Case 1:11-cr-00254-CKK Document 3

Filed 08/11/11 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on November 12, 2010 UNITED STATES OF AMERICA v. ERIC ARTEZ MOSES, also known as Ugly E, also known as E, VICTOR DONELL BROWN, MARCUS JOSEPH CAPANNA, and DON LAVAE WILLIAMS, Defendants. : : : : : : : : : : : : : : CRIMINAL NO. GRAND JURY ORIGINAL VIOLATIONS: 21 U.S.C. 846 (Conspiracy to Distribute and Possess with Intent to Distribute Marijuana) 21 U.S.C. 843(b) (Use of a Communication Facility) 18 U.S.C. 2 (Aiding and Abetting) 21 U.S.C. 853 (Criminal Forfeiture)

INDICTMENT The Grand Jury charges that: COUNT ONE From at least April 21, 2011, up to the present, within the District of Columbia, the State of Maryland, the State of California, and elsewhere, ERIC ARTEZ MOSES, also known as Ugly E, also known as E, VICTOR DONNELL BROWN, MARCUS JOSEPH CAPANNA, and DON LAVAE WILLIAMS, did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together and with others known and unknown to the Grand Jury, to unlawfully, knowingly, and intentionally possess with intent to distribute and distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D). (Conspiracy to Distribute and Possess with Intent to Distribute Marijuana, in violation of Title 21, United States Code, Section 846)

Case 1:11-cr-00254-CKK Document 3

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COUNTS TWO THROUGH FIFTEEN On or about the dates set forth below, within the District of Columbia, the defendants named below did unlawfully, knowingly, and intentionally use a communication facility, that is, a telephone, to facilitate the conspiracy to unlawfully distribute and possess with intent to distribute controlled substances, in violation of Title 21, United States Code, Section 846. Count 2 Activation on (202) 710-2840 9 Date April 21, 2011 Defendants and Communication ERIC ARTEZ MOSES and MARCUS JOSEPH CAPANNA (Using partially coded language, defendants discuss types and quantities of marijuana for shipment) ERIC ARTEZ MOSES and DON LAVAE WILLIAMS (Using partially coded language, defendants discuss addresses for receipt of marijuana shipments) DON LAVAE WILLIAMS (Defendant transmits, via text message, an address for the shipment of a marijuana package) ERIC ARTEZ MOSES (Defendant transmits, via text message, an address for the shipment of a marijuana package) ERIC ARTEZ MOSES (Defendant transmits, via text message, a bank account number for payment for marijuana )

11

April 21, 2011

12

April 21, 2011

20

April 21, 2011

722

April 27, 2011

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Count 7

Activation on (202) 710-2840 1520

Date May 3, 2011

Defendants and Communication ERIC ARTEZ MOSES and VICTOR DONNELL BROWN (Using partially coded language, defendants discuss marijuana shipment) ERIC ARTEZ MOSES and MARCUS JOSEPH CAPANNA (Using partially coded language, defendants discuss marijuana shipment) DON LAVAE WILLIAMS (Defendant transmits, via text message, an address for the shipment of a marijuana package) ERIC ARTEZ MOSES (Defendant transmits, via text message, an address for the shipment of a marijuana package) ERIC ARTEZ MOSES and MARCUS JOSEPH CAPANNA (Using partially coded language, defendants discuss types and quantities of marijuana for shipment) ERIC ARTEZ MOSES and MARCUS JOSEPH CAPANNA (Using partially coded language, defendants discuss payment for marijuana) MARCUS JOSEPH CAPANNA (Defendant transmits, via text message, a tracking number for a marijuana shipment) ERIC ARTEZ MOSES and DON LAVAE WILLIAMS (Using partially coded language, defendants discuss status of marijuana shipment)

1523

May 3, 2011

2262

May 9, 2011

10

2265

May 9, 2011

11

2397

May 10, 2011

12

2541

May 11, 2011

13

2573

May 11, 2011

14

2668

May 12, 2011

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Count 15

Activation on (202) 710-2840 2669

Date May 12, 2011

Defendants and Communication ERIC ARTEZ MOSES and MARCUS JOSEPH CAPANNA (Using partially coded language, defendants discuss status of marijuana shipment)

(Use of a Communication Facility, in violation of Title 21, United States Code, Section 843(b) and Title 18, United States Code, Section 2) CRIMINAL FORFEITURE ALLEGATION 1. The allegations contained in Count One of this Indictment are hereby realleged and

incorporated by reference for the purpose of alleging forfeiture pursuant to Title 21, United States Code, Section 853. 2. As a result of the said violation, the defendants charged in this Indictment shall forfeit

to the United States, pursuant to Title 21, United States Code, Section 853: (1) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the said violations; and (2) any of the defendants property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the said violations. The property to be forfeited includes but is not limited to: Money Judgment: A judgment against defendants in favor of the United States for a sum of money equal to the total value of any and all property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the offenses alleged in Count One of this Indictment, for which the defendants are jointly and severally liable. By virtue of the commission of the felony offenses charged in Count One of this Indictment, any and all interest that defendants have in (1) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the charged offense; and (2) any of the defendants 4

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property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the charged offense, is vested in the United States and hereby forfeited to the United States pursuant to Title 21, United States Code, Section 853. 3. If any of the property described above as being subject to forfeiture pursuant to Title

21, United States Code, Section 853, as a result of any act or omission of the defendants: (i) (ii) (iii) (iv) (v) cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property that cannot be subdivided without difficulty;

it is the intention of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of said the defendants up to the value of the said property listed above as being subject to forfeiture. (Criminal Forfeiture, in violation of Title 21, United States Code, Section 853) A TRUE BILL:

FOREPERSON.

Attorney for the United States in and for the District of Columbia

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