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
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 2 of 11 PageID# 3
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.
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 3 of 11 PageID# 4
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.
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 4 of 11 PageID# 5
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.
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 5 of 11 PageID# 6
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.
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 6 of 11 PageID# 7
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
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 7 of 11 PageID# 8
"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;
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 8 of 11 PageID# 9
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:
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 9 of 11 PageID# 10
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."
10
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 10 of 11 PageID# 11
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
11
Case 1:12-mj-00364-TCB Document 2 Filed 05/30/12 Page 11 of 11 PageID# 12