Seven Members, Associates, and Leaders of Folk Nation Gang Indicted for Alleged Racketeering and Murder

February 1, 2012

The Federal Bureau of Investigation (FBI) on January 31, 2012 released the following:

Additional Charges Include Robbery, Assault, Illegal Use of Firearms, and Related Crimes

A superseding indictment was unsealed in federal court in Brooklyn this morning charging seven members, associates, and leaders of the violent Brooklyn street gang “Six Tre Outlaw Gangsta Disciples Folk Nation,” also known as the “Folk Nation.” The 16-count indictment charges the defendants with violent crimes including racketeering, murder in-aid-of racketeering, murder conspiracy, attempted murder, robbery, assault, and illegal use of firearms.[1] Two defendants will be arraigned later today before United States Magistrate Judge Marilyn D. Go at the federal courthouse in Brooklyn. The defendants face sentences up to life imprisonment if convicted.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department. As detailed in the indictment and other court filings submitted by the government, a two-year joint investigation by the FBI and the NYPD revealed that since 2008, a violent set of the Folk Nation gang committed numerous crimes of violence including four murders, three attempted murders, two assaults, and six robberies. The gang was based in the Ebbets Field Houses, a New York City public housing community, although its criminal activities extended into the Tri-State area.

The gang is alleged to have used extreme and indiscriminate violence to further its objectives. The defendants’ victims include a 10-year-old girl, who was severely injured when she was shot in the neck by gang members while they were attempting to murder a rival. The gang is alleged to have committed four murders, in an effort to assert its power over the neighborhoods in which it operated. On at least two occasions, gang members missed their intended targets and hit innocent bystanders—after one murder at a teenager’s birthday party in an Ebbets Field apartment, gang members acknowledged that they had killed the wrong person.

In order to fund its illegal activities, members of the gang allegedly committed violent robberies of individuals and commercial establishments. Members of the gang are alleged to have robbed the Lee Perla jewelry store at the Riverside Square Mall in Hackensack, New Jersey, making off with hundreds of thousands of dollars worth of luxury watches. According to the indictment, the gang also targeted individual robbery victims, whom they lured to secluded areas in Brooklyn, via Internet advertisements on Craigslist, and then robbed at gunpoint. According to a detention memorandum filed by the government, the charged murders and other acts of violence took place on public streets, in front of personal residences, and even on a playground, in Brooklyn neighborhoods.

The charges announced today are the latest in a series of federal indictments in this district charging members of violent street gangs with racketeering crimes.

“Motivated by greed, the Folk Nation employed indiscriminate violence to destroy the lives of their perceived enemies. But their violence spread beyond the gang world into the streets and playgrounds of Brooklyn, and innocent bystanders, including a child, were caught in the crossfire. Terrorizing a community, this gang claimed its turf by force and robbed from businesses and individuals alike leaving a trail of victims in its wake,” stated United States Attorney Lynch. “We are steadfast in our commitment to dismantling street gangs that put at risk the members of our community, and the seriousness of today’s charges reflect that commitment.”

“The reason the FBI places such a high priority on gang investigations is the extreme violence gangs so often commit. Here, as charged in the indictment, the defendants’ ruthlessness was matched by their recklessness. They allegedly showed no apparent concern for bystanders, and bystanders were seriously hurt as a consequence,” said Assistant Director in Charge Fedarcyk.

NYPD Commissioner Kelly stated, “Through a variety of partnerships, including clergy, the Brooklyn District Attorney, and in this case United States Attorney Loretta Lynch, the police department is suppressing crime in Brooklyn to the point where last year for the first time since 1963 murder in the Borough fell below 200. As charged in the indictment, members of the Folk Nation have been responsible for multiple murders and shootings, and their apprehension and prosecution should have a continued salutary effect for the residents in and around the Ebbets Field Houses.”

The government’s case is being prosecuted by Assistant United States Attorneys Zainab Ahmad and Seth DuCharme.

The Defendants:

YASSA ASHBURN, also known as “Indio,” “Swirls,” and “Swerve”
Age: 28

HAILE CUMMINGS, also known as “Ruger” and “Rugah”
Age: 20

GERALDO ELAINOR, also known as “Gunny” and “Geraldo Casimir”
Age: 21

DANIEL HARRISON, also known as “Bones,”
Age: 24

RICKY HOLLENQUEST, also known as “Dancer”
Age: 20

JAMAL LAURENT, also known as “Tails” and “Gunner”
Age: 22

TREVELLE MERRITT, also known as “Tiger”
Age: 19

[1] The charges contained in the superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Alleged Members of Native Mob Charged in Sweeping Racketeering Indictment

January 26, 2012

The Federal Bureau of Investigation (FBI) on January 25, 2012 released the following:

“MINNEAPOLIS— A 47-count federal indictment unsealed in part late yesterday charges 24 alleged members of the Native Mob gang with conspiracy to participate in racketeering activity and other crimes. The Native Mob is a regional criminal gang that originated in Minneapolis in the early 1990s. Members routinely engage in drug trafficking, assault, robbery and murder. Membership is estimated at 200, with new members, including juveniles, regularly recruited from communities with large, young, male, Native American populations. Association with the gang is often signified by wearing red and black clothing or sporting gang-related tattoos.

Six defendants made their initial federal court appearances late yesterday afternoon. They were apprehended earlier Tuesday, during a take-down conducted by between 100 and 150 local, state, federal, and tribal law enforcement officials. Arrests were made on the White Earth, Mille Lacs, and Leech Lake Indian reservations as well as in the Twin Cities. Of the 18 remaining defendants, 12 are presently in jail or prison on other charges, while six continue to be sought by law enforcement. The six individuals arrested yesterday remain in custody pending their next hearings, scheduled for Jan. 26 and 27.

Earlier today, U.S. Attorney B. Todd Jones said of the investigation, “This investigation exemplifies the law enforcement cooperation we are fortunate to experience here in Minnesota. Local, state, federal, and tribal investigators worked side by side to take down some of the most violent criminals in our state and, in the process, disrupt an extremely dangerous gang that diminishes the quality of life for those who live and work in Native American communities. We owe a debt of gratitude to everyone involved in the investigation. Their efforts have made our streets and communities much safer.”

The indictment alleges that since at least the mid-1990s, the defendants named in this case and others have conspired to conduct criminal activity through an “enterprise,” namely, the Native Mob, in violation of the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The indictment alleges that the primary objective of this “enterprise” is to preserve, protect, promote and enhance the Native Mob’s power, territory, and financial gains.

To that end, gang members purportedly distribute illegal drugs, from crack cocaine to ecstasy. They also reportedly provide monetary support to other members, including those incarcerated; share with one another police reports, victim statements and other case discovery; hinder or obstruct officials from identifying or apprehending those wanted by the law; and intimidate witnesses to Native Mob crimes. Moreover, they purportedly maintain and circulate firearms for gang use and commit acts of violence, including murder, against individuals associated with rival gangs.

Those arrested yesterday, along with their last known residence, include:

  • Dale Wesley Ballinger, Jr., 20, Isle, Minn.;
  • Damien Lee Beaulieu, 20, Onamia, Minn.;
  • Aaron James Gilbert, Jr., 24, Minneapolis;
  • Cory Gene Oquist, 22, Bemidji, Minn.;
  • Dale John Pindegayosh, 29, Cass Lake, Minn.; and
  • Justen Lee Poitra, 26, Cass Lake.

In addition to the racketeering charge filed against all 24 defendants, other charges were levied against some of the defendants. Those charges include conspiracy to use and carry firearms during and in relation to a crime of violence; the use and carrying of firearms during and in relation to a crime of violence; assault with a dangerous weapon in aid of racketeering; attempted murder in aid of racketeering; felon in possession of ammunition; felon in possession of a firearm; armed career criminal in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime and a crime of violence; conspiracy to distribute and possess with intent to distribute controlled substances; possession with intent to distribute a controlled substance; distributing a controlled substance; and tampering with a witness. (See the attached chart for a breakdown of charges by defendant. Note, until such time as defendants make their initial appearances in federal court, their names and the specific charges levied against them will not be disclosed.)

If convicted, the defendants face a potential maximum sentence of between 20 years and life in federal prison. Since the federal justice system does not have parole, prison terms would be served virtually in entirety. All sentences will ultimately be determined by a federal district court judge.

This case is the result of a long-term, cross-jurisdictional investigation conducted by local, state, federal and tribal law enforcement officers dedicated to making our streets and communities safer. They include the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; the Minnesota Bureau of Criminal Apprehension; the Carlton County, Minn., Sheriff’s Office; the U.S. Drug Enforcement Administration; the FBI-funded Headwaters Safe Trails Task Force; the Mille Lacs Tribal Police Department; the Minneapolis Police Department; the Minnesota Department of Corrections; and the Paul Bunyan Drug Task Force.

These agencies investigated this case with assistance from—in alphabetical order—the Becker County Sheriff’s Office, the Beltrami County Sheriff’s Office, the Carlton County Attorney’s Office, the Cass County Attorney’s Office, the Cass County Sheriff’s Office, the Crow Wing County Sheriff’s Office, the Douglas County Sheriff’s Office of Wisconsin, the Duluth Police Department, the Fon du Lac Tribal Police Department, the Fridley Police Department, the Itasca County Sheriff’s Department, the Hennepin County Attorney’s Office, the Hennepin County Sheriff’s Office, the Hubbard County Sheriff’s Office, the Leech Lake Tribal Police Department, the LCO Reservation Police Department, the Lower Sioux Tribal Police Department, the Mahnomen County Sheriff’s Office, the Minnesota State Patrol, the Mille Lacs County Attorney’s Office, the Mille Lacs County Sheriff’s Office, the New Brighton Police Department, the North Central Drug Task Force, the Prior Lake Police Department, the Red Lake Tribal Police Department, the Redwood County Sheriff’s Office, Richfield Police Department, the Sherburne County Sheriff’s Office, the St. Paul Police Department, the U.S. Marshal’s Service, the Minneapolis Violent Offender Task Force, the Washington County Sheriff’s Office and the White Earth Tribal Police Department.

This case is being prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Steven L. Schleicher.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.