E-FILED. 2:14-mj DGB *SEALED* # 1 Page 1 of 9. Thursday, 24 July, :05:11 PM Clerk, U.S. District Court, ILCD.

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1 2:14-mj DGB *SEALED* # 1 Page 1 of 9 E-FILED Thursday, 24 July, :05:11 PM Clerk, U.S. District Court, ILCD s/harvey Pettry s/ David G. Bernthal

2 2:14-mj DGB *SEALED* # 1 Page 2 of 9 AFFIDAVIT I, Harvey Pettry, being first duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I am a Federal Bureau of Investigation (FBI) Special Agent and have been employed by the FBI for approximately ten years. I am assigned to the FBI Springfield Division, Champaign Resident Agency, and have been for approximately three years. As part of my daily duties as an FBI Special Agent, I investigate criminal violations related to Kidnappings, False Statements and Concealing Material Facts to a Federal Agent. 2. As a Special Agent, I am authorized to investigate violations of laws of the United States and to execute warrants issued under the authority of the United States. 3. The facts in this affidavit come from my personal observations, my training and experience, and information obtained from other law enforcement personnel and witnesses. This affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and does not set forth all of my knowledge about this matter. 4. Based on my training and experience and the facts as set forth in this affidavit, there is probable cause to believe that MONICA ADRIANA ZACATLAN RAMIREZ (hereinafter "Monica"), EDUARDO GUERRERO CORTEZ (hereinafter "Eduardo") and JARBEY EMERSON REYES VILLALOBOS (hereinafter "Jarbey") have violated Title 18, United States Code, Section 1001 (scheme to conceal a material fact within the jurisdiction of the government). The investigation in this case has led to the

3 2:14-mj DGB *SEALED* # 1 Page 3 of 9 determination that after a nearly one month investigation into the alleged kidnapping of Monica, she, in fact, designed a scheme with Eduardo, Jarbey, and others to conceal her willingness and voluntary consent to be with Eduardo; all while perpetrating a hoax kidnapping to hide her consent from her family and current boyfriend. Probable Cause 5. On Wednesday, June 11, 2014, Officer Allison Ferguson responded to the JC Penney store at Market Place Mall in Champaign, Illinois, where she met with Alexander Aburto (hereinafter "Alexander"). Alexander explained to Officer Ferguson, via an interpreter, that Monica had been taken by three Hispanic males who were in a red, extended cab Chevrolet Silverado pickup. Alexander stated that two of the males struggled with Monica to get her into the pick-up truck while the third male pulled a knife and put it to Alexander's neck. After Monica was placed into the truck, the male with the knife cut the front passenger tire on Monica's car. 6. Monica's mother, Alma Ramirez, arrived and provided an Order of Protection (14-0P-232) to Officer Ferguson, which was filed in Champaign County on June 11, 2014, earlier that day. The Order of Protection was signed by Judge Holly Clemons at 11:50 am on June 11,2014. The petitioner of the Order of Protection was Monica Ramirez and the Respondent was an Eduardo Guerrero. According to Alexander, he was in court with Monica on the date Monica applied for the Order of Protection, and advised that Eduardo was not present. In the Order of Protection, Monica states that she was at a Laundromat on June 7, 2014 with Alexander when Eduardo entered and threatened to "beat his ass." Monica stated that she was very 2

4 2:14-mj DGB *SEALED* # 1 Page 4 of 9 frightened and Eduardo then head butted Alexander. Alexander explained that Eduardo had been calling his phone four days prior to this incident. Eduardo threatened to beat up Alexander and asked for Monica's family information during the calls. Alexander had been dating Monica for approximately eight months. Monica's 12 year old brother, B.S., was present and provided Officer Ferguson with a picture of Monica and Eduardo. Alexander was shown the picture of Eduardo. Alexander said that Eduardo was one of the males who put Monica into the pickup truck. 7. Spanish speaking Officer Standifer and Detective Brad Krauel spoke with Alexander further at the Champaign Police Department (CPD). Alexander indicated he moved to Urbana with Monica and her family, from Houston, Texas. Alexander said they left H.ouston to look for work and get away from Monica's former boyfriend, Eduardo. Alexander said that he was familiar with Eduardo from previous altercations in Houston. Alexander identified one of the suspects as Eduardo from a booking photograph CPD had on file for Eduardo. Alexander also said he was familiar with the male who had threatened him with the knife due to a prior incident at a Laundromat in Urbana. Alexander said that the male, who brandished the knife, was with Eduardo a couple of days earlier when they confronted Alexander at the Laundromat. Alexander said he did not know the male's name but he used to date Monica's friend, Rosa Alencaster (hereinafter "Rosa"). Monica's 14 year old sister, K.R., provided pictures from Face book of a subject believed to be named Jar bey Reyes. Det. Krauel showed these photographs to Alexander and he positively identified Jarbey as the subject who threatened him with a knife. Monica's family advised they believed Rosa knew more 3

5 2:14-mj DGB *SEALED* # 1 Page 5 of 9 about the abduction and Monica's whereabouts. Alexander stated that Monica was not with him at the Laundromat during the altercation with Eduardo and Jar bey, contrary to the information in the Order of Protection. 8. On June 12, 2014, at approximately 12:30 a.m., Det. Krauel spoke with Rosa at her residence in Champaign. Rosa told Det. Krauel that she was unaware of Monica's whereabouts but she believed Monica was not in any danger. Rosa said that she believed Monica was with Eduardo and he would not hurt Monica. Rosa stated she used to date Jar bey, however, she had not talked with him in over a month. 9. Law enforcement officers obtained telephones records from Monica's cellular phone that showed several outgoing calls to Eduardo's cellular phone on the day of the kidnapping and on June 9, Specifically, there were four outgoing calls from Monica's phone to Eduardo's phone on June 11,2014 beginning at 12:31 p.m., 1:08 p.m., 1:12 p.m., and finally at 2:40p.m. (central time). 10. On June 14,2014, FBI agents located Monica and Eduardo in Houston, Texas. Monica gave statements to agents that she had been kidnapped by Eduardo and sexually assaulted. Specifically, Monica described coming out of the Market Place Mall at about 4:00p.m. on June 11, 2014 with Alexander. She stated when she and Alexander were in her vehicle, an unknown Hispanic male approached Alexander's car window with a knife and began banging on the window. Monica stated that Eduardo approached her, on the driver's side of the vehicle, and pulled her out and brought her to his vehicle. She described being transported to Mississippi (but later clarified that she meant Missouri) where they arrived at an abandoned house and she was forced to 4

6 2:14-mj DGB *SEALED* # 1 Page 6 of 9 engage in sexual intercourse with Eduardo against her will. She stated that Eduardo told her he kidnapped her because he did not want to see her with her current boyfriend. 11. Houston FBI agents interviewed Eduardo on June 14,2014 while he was detained after advising him of his rights pursuant to Miranda. Eduardo initially stated that Monica consented to travel with him, that she loved him and was attempting to get away from her parents who were controlling. Eduardo denied that Monica convinced or coerced him into taking her. Later in the interview Eduardo stated that he did kidnap Monica from the mall and forced her to have sex with him against her will during the trip from Illinois to Houston, Texas. 12. Eduardo also identified and described the involvement of two other participants, Jarbey and Walter Dubon (hereinafter Walter). Monica later identified and confirmed that both Jarbey and Walter participated in the alleged kidnapping and transportation to Houston, Texas. 13. On June 18, 2014, SA Andrew Huckstadt and I interviewed Joel Antonio Tobar-Telles (hereinafter Joel). Joel stated he worked with Eduardo and Jarbey and he was present with them on June 11,2014, in the morning hours. Walter was also present with them, but did not work with them that day. Joel stated he recalled Eduardo receiving a telephone call at approximately 11:30a.m. on June 11, 2014, which Eduardo later claimed was from Monica. Monica allegedly wanted Eduardo to come get her at the mall. Eduardo asked Joel and the others present for assistance, but Joel wanted no part in the plan and asked to be dropped off at his residence. Joel knew the group was 5

7 2:14-mj DGB *SEALED* # 1 Page 7 of 9 about to do something they should not do and did not want to participate. Joel was dropped off at his home at approximately noon. Joel tried to convince Jar bey to not participate, but Jarbey refused and continued along with Eduardo and Walter. 14. On June 23, 2014, SA Huckstadt and I interviewed Jar bey at Champaign Police Department. Jarbey admitted to participating in the alleged kidnapping and holding a knife to Alexander during the incident. Jarbey also stated it was not a real kidnapping but it was set up to look like a real kidnapping. Jar bey stated that Monica was complicit in the scheme. Jarbey stated that he, Eduardo, Monica and Walter agreed that if they were caught by law enforcement authorities they would all say that Monica was kidnapped. He explained that Monica said she was scared to admit it was a fake kidnapping because she thought she may lose custody of her child. 15. On June 24, 2014, SA Huckstadt and I interviewed Eduardo at the Champaign County Satellite Jail. Interpreter Alejandra Coronel assisted in language translation, as Eduardo does not speak English. Eduardo denied the statements he made to the Houston FBI agents about the kidnapping and sexual assault, he claimed initially that Monica traveled with him willingly, but denied that she participated in the planning. Eduardo later stated that Monica had requested he come to the mall and get her. He admitted the kidnapping was a hoax, set up by Monica and that Jar bey and Walter had assisted in the incident. Eduardo stated that Monica assured him that he would not get into too much trouble; she stated that she had done this before and her previous boyfriend only served 6 months. I learned that Monica was listed as a victim of a kidnapping in 2011 in Champaign County (11CF1486), and the defendant, Miguel 6

8 2:14-mj DGB *SEALED* # 1 Page 8 of 9 Flores-Ascencio was her former boyfriend and he was sentenced to serve 1 year in the Department of Corrections. 16. On June 27, 2014, Monica was interviewed at the United States Attorney's Office, Urbana by SA Husckstadt. AUSA Elly Peirson and I were also present and assisted in the interview. Monica stated that the information she provided to Houston FBI agents on June 14, 2014, was accurate. She reiterated that Eduardo kidnapped her, took her to St. Louis, Missouri, and ultimately to Houston. Monica stated she had not talked to Eduardo on the day of the kidnapping or since her family moved to Champaign in early June Monica specifically denied making any calls to Eduardo, but clarified that they had communicated via Face book messages in the weeks prior to June 11th. She stated he begged her to be with him, but she was not interested. 17. Monica was advised that lying to federal agents was a criminal charge, as was lying to a Federal Grand Jury. Monica acknowledged she understood. 18. On July 16, 2014, Det. Krauel, SA Huckstadt, and I interviewed Monica at the Champaign FBI office. Monica admitted she lied to the FBI in Houston and the Federal Grand Jury in Springfield concerning the kidnapping and her involvement in the kidnapping. Monica stated she still had feelings for Eduardo and wished to be with him. Monica stated she called Eduardo at least twice on June 11, 2014, the day of the kidnapping. She admitted to telling Eduardo when she would be at the mall and that she went with him from the mall voluntarily. Monica stated after the kidnapping she became scared and did not want to tell the truth for fear of losing her baby. 7

9 2:14-mj DGB *SEALED* # 1 Page 9 of 9 s/harvey Pettry s/ David G. Bernthal