Je Hyung Yoo Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE,

EASTERN DISTRICT OF VIRGINIA (U --' , MAV 3 om

UNITED STATES OF AMERICA

Alexandria Division

CL"£wCSs"7Ts;

CRIMINAL NO. 1:12-MJ-364

JE HYUNG YOO,a.k.a. "Justice,"

Defendant.

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT AND ARREST WARRANT

I, MarcA. Armstead, beingduly sworn, depose, and stateas follows:

I. INTRODUCTION

1. I ama Special Agent employed bythe United States Department of Homeland

Security, U.S. Immigration and Customs Enforcement ("ICE"), Homeland Security

Investigations ("HSI") - Washington D.C. I am assigned to the HSI Washington D.C. Field

Office, located in Fairfax, Virginia. I have beenemployed as a Special Agent by HSI since

August of 2009. I ama graduate of theFederal Law Enforcement Training Center's Criminal

Investigator Training Program and the ICE Special Agent Training Program.

2. I presentthis affidavit in support of a criminal complaintand an arrestwarrant

charging defendant Je Hyung Yoo with Conspiracy to Interfere with Commerce by Threats or

Violence, namely, that from around summer 2009 to around March 3, 2012, in the Eastern

District ofVirginia and elsewhere, the defendant, Je Hyung Yoo, and others, did knowingly

combine, conspire, confederate, and agree to obstruct, delay, and affect commerce and the

movement of any article and commodity in commerce, by robbery, extortion, and threats of

Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 1 of 11 PageID# 2

physical violence to another person, and did commit an overt act in furtherance of this

conspiracy, in violation ofTitle 18, United States Code, Section 1951(a).

3. The facts and information contained in this affidavit are based upon my personal

knowledge as well as the observations ofother agents involved in this investigation. All

observations not personally made by me were related to me by the individuals who made them or

were conveyed to me by my review of records, documents, and other physical evidence obtained

during the course of this investigation.

4. This affidavit contains information necessary to support probable cause fora

Complaint and Arrest Warrant. This affidavit is not intended to include each and every fact and

matter observed byme or known to the United States Government.

II. THE DEFENDANT AND HIS CRIMINAL HISTORY

5. Defendant Je Hyung Yoo ("defendant") is a citizen of the Republic ofKorea

(South Korea). He entered the United States on or about June 19,1993 pursuant to aB1/B2 non

immigrant visa. B1/B2 non-immigrant visa-holders are authorized to remain inthe United States

for a period not to exceed six months. The defendant has remained in the United States in

violation of his non-immigrant visa. The Department ofHomeland Security has ordered the

defendant removed from the United States and the defendant is currently in the custody of the

Department of Homeland Security pending removal to South Korea.

6. The defendant's arrests and convictions include the following:

a. On January 16, 2011, the defendant was arrested by the

Fairfax County (Virginia) Police Department for possession with

intent to manufacture, sell or distribute a controlled substance in


violation ofVirginia Code § 18.2-248. On November 4, 2011, the

defendant was convicted and sentenced tofive years ofimprisonment,

with four years and nine months ofthe sentence suspended.

b. On March 17, 2011, the defendant was arrested by Fairfax

County (Virginia) Police for assault against a family member in

violation of Virginia Code § 18.2-57.2, but the case was not

prosecuted.

c. On July 16, 2011, the defendant was arrested by the Fairfax

County (Virginia) Police Department as a fugitive on a felony

offense. The defendant was extradited to Prince George's County

(Maryland) to face prosecution for credit card fraud and theft.

d. OnMarch 3,2011, the defendant was arrested by theFairfax

County (Virginia) Police Department for Burglary in violation of

Virginia Code §18.2-91. Records checks revealed that the defendant

was deportable as an alien who had been previously convicted of

possession with intent to distribute a controlled substance. An ICE

detainer was filed against the defendant with the Fairfax County

Adult Detention Center and the charges against the defendant were

dismissed.


III. PROBABLE CAUSE FOR THE OFFENSE

7. In November 2011, HSI and the Fairfax County Police Department initiated a

criminal investigation into the activities ofagroup that was extorting money from businesses in

Annandale, Virginia. During the investigation, HSI identified the defendant ("defendant") as a

member of the group that was extorting funds. The group is led by co-conspirator 1("CCl").

A. Interview of Extortion Victim #1

8. On October 28,2011 and January 5,2012,1 interviewed Extortion Victim #1

("EVl"). EVl informed me that he operates ataxi service in Annandale, Virginia without proper

licensing from the government. EVl stated that he made monthly extortion payments to CCl,

the defendant, and associates ofCCl. In exchange for monthly payments to CCl, the defendant

and CCl would allow EVl to operate his unlicensed taxi service in and around Annandale,

Virginia. EVl stated that he paid CCl, the defendant, and their associates approximately forty

times and EVl estimated that he paid them an average ofapproximately $500 per month.

9. EVl stated that, onor about November 2,2009, heencountered CCl and the

defendant atSeoul Plaza inAnnandale, Virginia. EVl related that, because he (EVl) had failed

to make several payments to CCl and the defendant, CCl and the defendant kicked and punched

him (EVl) multiple times in the face, arms, and legs. EVl stated that the next day he paid CCl

$500.


10. Ishowed EVl aphotograph of the defendant and EVl identified the photograph

as depicting the person who assisted CCl in beating EVl and who was present when EVl was

forced to pay money to CCl.

B. Interview of Extortion Victim #2

11. On May 23,2012,1 interviewed Extortion Victim #2 ("EV2"). EV2 stated that he

previously operated a"doumi" (or "dowoomi") company in Annandale, Virginia.

12. Iam advised that the word "doumi" means "helper" in the Korean language.

Based on my training and experience, Iknow that, in the context of nightlife within the Korean

community, adoumi refers to awoman who provides outcall companionship service to

customers at businesses—such as karaoke clubs and bars—for afee. "Doumi girls" generally

work for adoumi company (sometimes just one man). Doumi companies frequently employ

multiple women.

13. EV2 stated that he was forced to pay extortion money to an individual whom EV2

identified (through a photograph) as CC1.

14. EV2 stated in around spring or summer 2010, CC1called EV2 on his cellular

telephone and told him to meet CCl at arestaurant in Annandale, Virginia. At the restaurant

parking lot, EV2 stated that he encountered the defendant, CCl, and approximately four other

individuals. CCl and the defendant directed EV2 to go to the back ofthe parking lot. According

to EV2, once they made their way to the back of the parking lot, CCl, the defendant and others

surrounded EV2 in what EV2 understood to be an attempt to intimidate EV2. EV2 noted that the

defendant maintained anaggressive stance throughout the meeting.


15. EV2 stated that during the meeting, CCl told him (EV2) that Annandale is CCl's

town and if EV2 wanted to operate abusiness in Annandale, he would have to pay CCl money.

CCl threatened to shut down EV2's doumi business unless he paid CCl. CCl also threatened to

tell "immigration" about EV2 because EV2 was employing illegal aliens.

16. EV2 related that CCl demanded $1,000 per month. EV2 did not have $1,000 on

his person, so he asked CCl if he could go and obtain the funds, and CCl permitted him to do so.

EV2 stated that he paid CCl the $1,000 because he feared being physically assaulted and

reported to the police by the defendant and CCl.

C. Interview of Extortion Victim #3

17. On May 23,2012,1 interviewed Extortion Victim #3 ("EV3"). EV3 informed me

that he was familiar with CCl and the defendant. EV3 reported that he previously operated a

restaurant in Annandale, Virginia. According to EV3, around October or November 2010, the

defendant and another individual came to EV3's restaurant and demanded that EV3 pay $200 to

$300 perweek for"protection."

18. EV3 stated that he initially refused to pay the money, but that a few days later, the

defendant and another person returned to the restaurant. At that time, the defendant again

demanded money and the defendant produced ablack, metal, collapsible baton similar to the

batons carried by law enforcement officers. EV3 noted that the defendant extended the baton and

swung it while saying: "Come on. You have to pay. You know what will happen ifyou don't

pay." EV3 stated he was afraid ofbeing physically assaulted by the defendant. EV3 called the

police but the defendant left before the police arrived.


19. EV3 also informed me that CCl later called him on the telephone and said

something to the effect of: "You shouldn't have called the police. I'm not afraid of the police.I'll do some jail time. Calling the police is just going to hurt you." CCl also informed EV3 that

he knew that EV3's employees were illegal aliens and that he was going to call "immigration" to

have EV3's restaurant shut down unless EV3 paid CCl the money.

D. Interview of ro-f!nnspirator #2

20. On May 25,2012,1 interviewed amale individual, Co-conspirator #2 ("CC2").

CC2 admitted that he was an associate ofCCl and that CCl was the leader of the group. CC2

identified the defendant as one of CCl's top lieutenants and stated that the defendant was also

known as "Justice."

21. CC2 related that the defendant, CCl, and other members of their organization

would extort money from legitimate and illegitimate businesses in Annandale, Virginia. CC2

stated that CC1, the defendant, and others in their group would threaten businesses with violence

if the businesses did not pay money to them. CC2 also noted that CCl and the defendant would

also threaten to report illegitimate businesses to the police and to "immigration."

22. CC2 admitted that he participated in multiple acts ofextortion with the defendant,

CCl, and other members of their organization. According to CC2, the defendant would receive a

portion ofthe extortion proceeds from CCl.

23. CC2 stated that he twice witnessed CC1, the defendant, and other members of

their organization extort money from EV2, as discussed above. According to CC2, the extortion

of EV2 that CC2 witnessed took place in summer 2010 and summer 2011. CC2 stated that EV2

was operating adoumi business and that CCl and the defendant forced EV2 to pay money for


"protection." CC2 stated that CCl, the defendant, and members of their organization threatenedEV2 with violence ifEV2 did not pay. CC2 also noted that CCl and the defendant also

threatened to report EV2 to the police if he did not pay. According to CC2, he believed that EV2

paid CCl around $1,000 or $2,000 on two occasions.

24. CC2 also related that in fall 2011, CC2 saw the defendant extort money from the

operator ofanother doumi company. Specifically, CC2 heard the defendant threaten the doumi

operator with violence if he did not pay money to the organization and also threatened to report

the doumi company to the police and "immigration." CC2 recalled seeing the defendant collect

money from the doumi company operator in September or October of 2011.

E. February 2012 Interviews of the Defendant

25. On February 3,2012,1 interviewed the defendant in the lobby ofthe Mason

District Station ofthe Fairfax County Police. Prior to the interview, through the Fairfax County

Police, Ihad asked the defendant to meet with me and he agreed to do so. Before the interview

began, Iadvised the defendant that he was free to leave at any time and that he was not under

arrest. The defendant indicated that he understood this and agreed tospeak tome. Among other

things, the defendant informed me:

a. hewasamember ofanorganization thatextorted money from

businesses in Annandale, Virginia;

b. CC1(whom the defendant identified byname) was the leader

of the organization;


c. CCl and the defendant typically would extort people who

were in the United States illegally or who were engaged in unlawful

activity;

d. the defendant used his English-language skills as an

interpreter toassist inthe extortion;

e. in addition, the defendant was an "enforcer" for the

organization;

f. the defendant and others would intimidate and scare people so

that they (the extortion victims) would continue to pay money to

CCl;

g. CC1would pay the defendant and others part ofthe extortion

proceeds;

h. CC1used the remainder ofthe extortion proceeds topurchase

marijuana andother illegal drugs;

i. the defendant confirmed that EV1 and EV2, identified above,

were victims of the extortion scheme; and

j. CC1gave the defendant approximately $800 for his role in the

extortion ofEVl and EV2.

F. Mav 2012 Interviews of the Defendant

26. On May 29,2012,1 again interviewed the defendant. Prior to the interview, I

advised the defendant ofhis Miranda rights and the defendant agreed, both orally and in writing,

to waive those rights and speak to me. Among other things, the defendant informed me:


a. in summer 2010, CCl telephoned EV2, who was theowner

of a doumi company, and told EV2 to come to a restaurant in

Annandale, Virginia;

b. once EV2 arrived at the restaurant, CCl ordered EV2 to pay

money orelse his business would be shut down;

c. the defendant personally received extortion money from EV1

and EV2;

d. around summer 2009, the defendant, CC1and others entered

the offices ofanunlicensed taxi company inAnnandale, Virginia in

an attempt toextort money from this taxi company;

e. infall orwinter 2010, CC1discovered adoumi company that

was operating in Annandale, Virginia, and CCl ordered the defendant

to contact the operator and lure him into an open area, which the

defendant did;

f. once lured into a parking lotof a bakery, the defendant was

present while CCl punched the doumi operator in the face and

knocked him to the ground; and

g. CCl then stood over the doumi operator and said something

to the effect of: "you got hitbecause you are doing business in my

neighborhood without mypermission."

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IV. CONCLUSION

27. Based on the information related above, there isprobable cause to believe that

from around summer 2009 to around March 3,2012, in the Eastern District ofVirginia and

elsewhere, the defendant, Je Hyung Yoo, also known as "Justice," and others, did knowingly

combine, conspire, confederate, and agree to obstruct, delay, and affect commerce and the

movement of any article and commodity in commerce, by robbery, extortion, and threats of

physical violence to another person, and did commit an overt act in furtherance of this

conspiracy, in violation ofTitle 18, United States Code, Section 1951(a).

JrMarc A. Armstead, Special AgentU.S. Department of Homeland SecurityU.S. Immigration and Customs EnforcementHomeland Security Investigations

Subscribed and sworn before me this 30th day of May, 2012.

/s/l'heresa Carroll BuchananUnited States Magistrate Judge

HON. THERESA C. BUCHANANUnited States Magistrate Judge

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Documents

Je Hyung Yoo Complaint