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CRIMINAL

COMPLAINT
Case 4:11-cr-03047-JAS-CRP
Document
1 Filed 10/18/06 Page 1 of 4

United States District Court


UNITED STATES OF AMERICA

D1SfRlCT of ARIZONA
DOCKET NO.

V.
RAUL F. PORTILLO
DOB: 10/20/1972
U.S. Citizen
MAGISI'RATE'S CASE NO.

UNDER SEAL
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Complaint for violation of Title

United Stat" Code

06-06778M371

COMPLAINANT'S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION:

Countl
From in or about January 2002, and continuing at least through in or about December 2003, in the District of Arizona
and elsewhere, defendant
RAUL F. PORTILLO
did knowingly and wilfully combine, conspire, and agree with others to commit offenses against the United States, to
wit: (I) being a public official, directly and indirectly did corruptly demand, seek, receive, accept, and agree to receive
and accept a thing of value personally and for other persons and entities, in return for being influenced in the
performance of an official act, and being induced to do and omit to do any act in violation of his official duties, in
violation of Title 18, United States Code, Sections 201 (b)(2)(A) & (C), and (2) knowingly, willfully and unlawfully
obstructing, delaying, and affecting commerce by extortion, that is, obtaining property from another, with his consent,
under color of official right, in violation of Title 18, United States Code, Section 1951.
BASIS OF COMPLAINANT'S CHARGE AGAINST TIlE ACCUSED:

Please see attached affidavit of FBI Special Agent Adam Radtke, which is incorporated herein.

MATERIAL WITNESSES IN RELATION TO TIlE CHARGE:


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Being duly s\tdrn;'1 declare that the

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SIGNATURE OF COMPLAINANT (official title)

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true and Cotfec3 to tbe best. 'OfJny Imowlel!ge:""...... ~-'

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OFFICIAL TITLE

FBI Special Agent

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DATE

October'l) 2006

Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 2 of 4

UNITED STATES DISTRICT COURT


DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,
v.

Raul F. Portillo,

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Defendant.

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AFFIDAVIT

06- 06778M 'UNDER SEAL

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I, Adam Radtke, being dnly sworn, state the following is true and correct to the best of my
knowledge and belief:
I.

Your Complainant, Adam Radtke, is a Special Agent with the Federal Bureau of

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Investigation ("FBI"). Your Complainant' s responsibilities include the investigation of possible

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criminal violations of Tide 18 of the United States Code.

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2.

I have been a Special Agent with the FBI for over four (4) years. Prior to that, I was

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a support employee for the FBI for over five (5) years. I have personally conducted or assisted in

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investigations of alleged criminal violations of the laws of the United States, including bribery and

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extortion.

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participation in Operation Lively Green ("the investigation"), which includes but is not limited to

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my review of evidence recorded by audio and video tape, my review of documentary evidence, and

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my interviews of more than forty (40) of the fifty-four (54) defendants who have entered guilty pleas

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as a result of the investigation. I am further familiar with the facts and circumstances set forth below

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based upon conversations with other law enforcement agents, in particular other Special Agents of

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the FBI. This Complaint is being submitted for the limited purpose of establishing probable cause

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to believe that RAUL F. PORTILLO (" PORTILLO") has knowingly violated the criminal laws of

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the United States, namely, conspiracy to commit bribery and extortion in violation of Title 18,

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United States Code, Section 371. Therefore, I have not included the details of every aspect of this

I am familiar with the facts and circumstances set forth below based upon my

Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 3 of 4

06 - 0677 8M1

investigation, but only those facts to support pro bable cause. Where conversations or statements are

related herein, they are related in substance and in part only unless otherwise indicated.

3.

PORTILLO was a Sergeant in'the Arizona Army National Guard ("AANG"). After

the terrorist attacks of September 11,2001, the AANG has been deployed pursuant to a Presidential

Executive Order to assist various federal departments and agencies, including the Department of

Defense and the United States Border Patrol, to support drug interdiction and other counter narcotics

activities.

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4.

From in or about January 2002, and continuing at least through in or about December

91 2003, in the District ofArizona and elsewhere, PORTILLO and other public officials including other
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members of the AANG, members of various branches ofthe United States military, police officers,

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corrections officers, and employees of various federal departments and agencies, agreed to enrich

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themselves by obtaining money from persons who represented themselves to be narcotics traffickers

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("the narcotics traffickers"), but who were in fact Special Agents of the FBI, in return for the

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defendant and his co-conspirators using their official positions to assist, protect and participate in

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the activities of what was represented to be an illegal narcotics trafficking organization

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("Organization") engaged in the business of transporting and distributing cocaine and other drugs

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from Arizona to other locations in the southwestern United States.

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5.

In or about January 2002, PORTILLO told an individual who represented himselfto

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be a member of the Organization that he had been involved in narcotics trafficking in the past.

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PORTILLO then offered to transport narcotics for the Organization.

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6.

On or about February 27, 2002, PORTILLO and five (5) other public officials

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transported a total of 30 kilograms of cocaine for the Organization from Tucson, Arizona, to Las

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Vegas, Nevada. In order to protect the cocaine from police stops, searches, and seizures, PORTILLO

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and the other public officials wore their official uniforms, carried their official forms of

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identification, and transported the cocaine in official vehicles. Thereafter, PORTILLO accepted

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$6,000 in cash from the narcotics traffickers.

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Case 4:11-cr-03047-JAS-CRP Document 1 Filed 10/18/06 Page 4 of 4

06-06778M
7.

On or about April 16,2002, PORTILLO and three (3) other public officials

transported a total of20 kilograms of cocaine for the Organization from Nogales, Arizona to Tucson,

Arizona. In order to protect the cocaine from police stops, searches, and seizures, PORTILLO and

the other public officials wore their official uniforms, carried their official forms of identification,

5: and transported the cocaine in official vehicles. TIlereafter, PORTILLO accepted $6,000 in cash
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from the narcotics traffickers.


In or about April 2002, PORTILLO accepted $2,000 in cash in return for recruiting

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another public official.

Based upon your Complainant's experience, I believe that the conduct described

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above constitutes conspiracy to commit bribery and extortion, a violation of Title 18, United States

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Code, Section 371.

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Adam Radtke

IS

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