Case 9:13-mj-08328-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 1 of 8
AO 91 (Rev. 08/09) Criminal Complaint
U NITED STATES D ISTRICT C OURT
Southern District of Florida
United States of Am erica
EVEREU E W ILLIAMS
EDW ARD DUNCOM BE and
MM W ELL TATE
Case No. 13-8328-W M
CRIM INAL CO M PLAINT
1, the complainant in this case, state that the following is tl'ue to the best of my knowledge and belief.
On or about the datets) of
July 8, 2013
in the county of
, the defendantts) violated:
Title 21, USC , Section 846
Title 21, USC , Section 841
Conspiracy to PW ID 5 kilogram s or m ore of Cocaine.
PW ID over 5 kilograms or more of Cocaine.
This criminal complaint is bmsed on these facts:
See Attached Affidavit
W Continued on the attached sheet.
Sworn to before me and signed in my presence.
/ 1 xo/y
City and state:
W est Palm Beach, FL
Complainant 's signature
Richard Calenda. S/A, HSI
Printed name and title
Judge 's gnature
W illiam M atthewm an, U.S. M agistrate Judqe
Printed name and title
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1, Richard C alenda, being first duly sw orn, hereby depose and state:
A FFID AV IT
1). I am a Special Agent of the United States Immigration and Custom s Enforcement
(lCE), Homeland Security Investigations, formerly the United States Customs
Service and am currently assigned to the office of the A ssistant Special A gent In
Charge, W est Palm Beach, Florida. I have been a Special A gent of the United States
Im m igration and Custom s Enforcem ent/ United States Custom s Service for 21
years, and have a total of 24 years of Iaw enforcem ent experience.
2). As a Special Agent with the United States Im m igration and Custom s Enforcem ent,
H om eland Security Investigations, m y duties and responsibilities include conducting
crim inal investigations of individuals and businesses w ho have violated federal Iaw s,
particularly those Iaw s as found in Titles 8, 18, 19 and 21 of the U nited States C ode.
I have obtained form al training and experience from num erous investigations
involving im m igration, the im portation of narcotics, m oney Iaundering, and
violations of Custom s and Im m igration law .
3). This affidavit is subm itted solely to establish the existence of probable cause for the
arrests of JO SH UA H A M , IR VIN G AN D ER SO N , EV ER ETTE W ILL IA M S,
M A XW ELL TA TE, and ED W A R D DU N C O M BE . Therefore, l have not set fortb
every fad Itnow n to m e regarding the investigation.
4). Several United States Iaw enforcem ent agencies are involved in this investigation.
A ccordingly, although l have been personally involved in the investigation, som e of
the probable cause inform ation relied upon in this affidavit has been received from
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other investigators. Thus, this afidavit is based both upon m y personal know ledge,
as w ell as inform ation relayed to m e by other law enforcem ent agents assigned to
5). On July 8, 2013 at approximately 9:09 a.m., officers assigned to a U.S. Customs
Border Protection (CBP) aircraft observed a vessel Iater identined as a 27 foot white
M ako CM AKOD bearing FL 3646PC registration and another vessel Iater
identified as a 36 foot white fishing vessel, SiREM EDYC converged within one foot
of each other. The location w as approxim ately 10 nautical m iles east of Lake W orth
Inlet, W est Palm Beach, Florida. T he C BP officer observed tw o w hite m ales on the
GREM EDY ,M and tw o black m ales on the RM A K O M.
CBP O flcers aboard the aircraft obsen ed a passenger on the GM AKO '' pass a
couple of Iarge bundles to a passenger on the CSR EM ED Y M. T hen, the RM AK O M
turned east and headed in the direction of the Baham as. The GREM EDY M
continued on a w esterly course tow ards the W est Palm Beach area.
7). CBP M arine Officers stopped the GREM EDYM approximately 8 nautical miles east
of the Lake W orth inlet area. The C BP officers observed tw o duffel bags in the
forward cabin of the vessel and a large w hite ice cooler. Pursuant to their border
search authority, agents searched the duffel bags and w hite ice cooler. T he duffel
bags and ice cooler contained dibriclts'' that w ere packaged in a m anner consistent
w ith contraband, nam ely narcotics. A prelim inary count indicated 127 kilogram
sized briclts containing cocaine, and 7 packages (approxim ately 3 pounds each)
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The two subjects aboard the RREM EDY'' were identiled as JOSHUA HAM and
IRV IN G A ND ER SO N . H A M w as the captain of the vessel and during a post-
M iranda statem ent, H A M adm itted that he w as aw are that the item s that he
received during the sea transfer contained contraband/illegal item s. H A M
identified an individual nam ed SCAVERYC also know n as dtAV,'' as the person
w ho w as scheduled to receive the packages at a Longhorn restaurant parking Iot
in Davie, Florida Iater that same day (July 8, 2013).
AN D ER SO N also provided a post-M iranda statem ent and indicated that he w as
approached by H A M to participate in this venture and w illingly agreed to do so.
AN D ERSO N also stated that he çsabsolutely'' knew that he w as picking up drugs,
specifically cocaine, and that he w ould Iater be m eeting w ith GAV '' to com plete
the drug transaction. A N DER SO N indicated that he had participated in previous
sim ilar narcotics ventures w ith H A M and ç$A V ''. AN D ER SO N stated that he and
H A M w ere supposed to receive approxim ately $1500.00 for each kilogram of
cocaine that w as being transported and Iater delivered to f$A V ''.
H A M and A ND ER SO N each review ed a picture of the 6iM A K O '' and identified it
as the vessel from w hich they w ere provided the narcotics packages that w ere
onboard their vessel (REM EDY).
11). Law enforcem ent m arine units were able to intercept the GM AKO M as it was
enroute back to the Baham as. The M A K O w as stopped approxim ately 35 nautical
m iles east of the W est Palm Beach area, w hile still in international w aters. The two
subjects aboard the vessel were identified as Bahamian citizens EDW ARD
D UN C O M BE and M A XW E LL TA TE. They w ere both escorted back to the U .S.
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C oast G uard Station, R iviera Beach, Florida, and then interview ed at the office of
H om eland Security lnvestigations, W est Palm Beach, Florida. D UN C O M BE
refused to w aive his M iranda rights and w as not questioned. T ATE gave a post-
M iranda statem ent and indicated that he w as approached by D UN C O M BE
approximately one week prior. DUNCOM BE asked TATE if he (TATE) uwanted to
go on a boat ride?'' TA TE agreed and stated that he w as fully aw are that he w ould
be transporting drugs. TA TE also stated that he knew the packages he w as
transporting contained cocaine and marijuana.TATE indicated that he was picked
up in a vehicle by D UN C O M BE in Freeport, Baham as on the m orning of July 8,
2013, and then they drove to a nearby canal w here the drugs w ere secreted in the
duffel bags. D UN C O M BE and T ATE placed the duffel bags inside their vehicle and
then later placed the bags on board the ISM AK O H. T ATE stated that he w as
instructed by DU N CO M BE, w ho w as the boat captain, to throw a hand held global
positioning system overboard w hen m arine Iaw enforcem ent officers w ere
approaching their vessel. T ATE also indicated that he observed D UN CO M BE
throw his (DUNCOM BE'S) cell phone overboard, just prior to the Iaw enforcement
boarding. TAT E review ed pictures of H A M and A ND ER SO N and identined them
as the individuals that he transferred the packages to earlivr in the day.
12). HAM and ANDERSON agreed to participate in a controlled delivery of the narcotics
packages to CSAV '' at the aforem entioned L onghorn restaurant, Davie, Florida. A
replica of the narcotics packages, know n as Gsham '' w as substituted for the actual
narcotics. $iAV '' w as later identified as EV ER ETTE W IL LIA M S. W IL LIA M S m et
H A M and AN D ER SO N in the parking Iot of the L onghorn restaurant on July 8,
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2013 at approxim ately 5:15 p.m . H A M transferred to W ILLIA M S thk keys of the
rental vehicle that he and A ND ER SO N w ere driving. Inside the rental vehicle w ere
duffel bags and the sam e w hite cooler, each of w hich contained the Gsham '' cocaine.
These item s w ere inside the rear hatch of the vehicle. H AM and AN D ER SO N exited
the vehicle and then CSAV'' (W ILLIAM S) drove the rental vehicle a short distance.
Undercover agents follow ed W IL LIA M S. W IL LIA M S then stopped and ran from
the vehicle. A short pursuit follow ed and W ILLIA M S w as taken into custody
w ithout incident. A post-M iranda interview w as conducted w ith W ILLIA M S, and
he stated that the reason he stopped the vehicle and ran w as because he realized that
he was being followed by law enforcem ent offkers and Gdid not want to go to jaik''
W ILLIAM S stated that the reason ht would be going to jail was because he knew
that the packages in the vehicle contained cocaine.
13). Your affiant subm its that there exists probable cause to believe that on or about
July 8, 2013, JO SH UA H A M , IRV IN G AN D ER SO N , E VE RETTE W ILLIAM S,
M AX W ELL TAT E, and ED W AR D D UN C O M BE did conspire to possess w ith
intent to distribute 5 kilogram s or m ore of a m ixture and substance containing a
detectable am ount of cocaine, in violation of Title 21, United States Code, Section
846, and did know ingly and intentionally possess w ith intent to distribute 5
kilogram s or m ore of a m ixture and substance containing a detectable am ount of
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cocaine, in violation of Title 21, United States C ode, Section 841(a)(1).
FU RTH ER Y O U R AFFIA NT SA YET H N A UG H T.
Y C H A R D CA LEN DA
Special A gent
U nited States H om eland
Sw orn to and subscribed before m e
this ogth-day of July, 2013.
W illiam M atthew an
U nited States M a istrate Judge
W est Palm Beac , Florida
Case 9:13-mj-08328-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 8 of 8
UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT O F FLO RIDA
Case No. 13-8328-W M
UNITED STATES O F AM ERICA
IRVING ANDERSO N
EVERETTE W ILLIAM S
EDW ARD DUNCO M BE and
MM W ELL TATE,
CRIM INAL COVER SHEET
Did this m atter originate from a m atter pending in the N orthern Region of the United States
A ttorney's O ffice prior to October 14, 2003?
Y es X No
D id this m atter originate from a m atter pending in the Central Region of the United States
Attom ey's Office prior to Septem ber 1, 2007?
Yes X N o
Respectfully subm itted,
W IFREDO A. FERRER
ITED STATES ATTO RNEY
RI KU TRIBUIANI
ASSISTA NT UNITED STATES AU O RNEY
Florida Bar No. 0150990
500 S. Australian Avenu ,e Suite 400
W est Palm Beach, FL 33401-6235
Tel: (561) 820-871 1
Fax: (561) 820-8777