Romain, Austin and Khalif Phillips Complaint

7/28/2019 Romain, Austin and Khalif Phillips Complaint

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Approved: · - R . ~ , . , . . _ , ! L ~ ..l-- O , . ~CARRIE H. COHEN / RUSSELL CAPONE

Ass i s t an t United Sta tes Attorneys

Before : HONORABLE HENRY B. PITMAN

United Sta tes Magis t ra te JudgeSouthe:cn D i s t r i c t of New York

- - - - - - - - - - - - - - - - - - - ] {

UNITED STATES OF AMERICA

- v . -

AUSTIN ROMAIN,

a /k / a "Steve Smith ," and

KHALIF PHILLIPS,

Defendants .

- - - - - - - - - - - - - - - - - - - ] {

SOUTHERN DISTRICT OF NEW YORK, s s . :

SEALED COMPLAINT

Viola t ions of 21 u.s.c.§ § 846, 841

COUNTIES OF OFFENSE:

BRON1C, NEW YORK

PAUL J . STRAFACI, being duly sworn, deposes and says

t ha t he i s a Task Force Off ice r with the Drug Enforcement

Adminis t ra t ion ("DEA"), and charges as fol lows:

COUNT ONE

1 . From in o r about March 2012 up to and inc luding

in o r about June 2013, in the Southern D i s t r i c t of New York and

elsewhere, AUSTIN ROMAIN, a /k / a "Steve Smith ," and KHALIF

PHILLIPS, the defendants , and others known and unknown,

i n t e n t iona l ly and knowingly did combine, conspi re , confedera te ,

and agree toge ther and with each o th e r to v io l a t e the narco t ics

laws of the United Sta tes .

2. It was a p a r t and an ob jec t of th e conspiracy

t ha t AUSTIN ROMAIN, a /k /a "Steve Smith," and KHALIF PHILLIPS,

the defendants , and others known and unknown, would and did

d i s t r i bu t e and possess with i n t e n t to d i s t r i bu t e a con t ro l l ed

subs tance , i n v io l a t i on of Ti t l e 21, United Sta tes Code, Sect ion

841 (a) ( 1 ) .

3. The con t ro l l ed substance involved in the offense



was l e ss than 50 ki lograms o f mari juana, in v io l a t i on of Ti t l e

21, United S ta t e s Code, Sect ion 841(b) (1) {D).

(T i t l e 21, United Sta t e s Code, Sect ion 846.)

COUNT TWO

4. On o r abou t A p r i l 18, 2013, in th e Southern

D i s t r i c t of New York and elsewhere , AUSTIN ROMAIN, a /k / a "Steve

Smith ," th e defendan t , i n t e n t i o n a l l y and knowingly d id

d i s t r i bu t e and possess with th e i n t e n t to d i s t r i b u t e a

con t ro l l ed substance, in v io la t ion of T i t l e 21, United S ta t e s

Code, Sec t ion 841 {a) (1 ) .

5. The con t ro l l ed subs tance invo lved in th e of fense

was l e ss than 50 ki lograms o f mari juana, in v i o l a t i o n of Ti t l e

21, United S ta t e s Code, Sect ion 841(b) (1) (D).

(T i t l e 21, United S ta t e s Code, Sect ions 841(a) and 841(b) (1) (D);

Ti t l e 18, United Sta tes Code, Sect ion 2 . )

COUNT THREE

6. On o r abou t December 23, 2012, in th e Southern

D i s t r i c t of New York and elsewhere , KHALIF PHILLIPS, the

defendant , i n t e n t i o n a l l y and knowingly did d i s t r i b u t e and

possess wi th th e i n t e n t to d i s t r i bu t e a co n t r o l l ed subs tance , in

v io la t ion of Ti t l e 21, United Sta t e s Code, Sect ion 841(a) (1) .

7. The con t ro l l ed substance invo lved in the o f fense

was l e ss than 50 ki lograms o f mari juana, i n v i o l a t i o n of Ti t l e

21, United S ta t e s Code, Sect ion 841(b) (1) (D).

(Ti t le 21, United S ta t e s Code, Sect ions 841(a) and 841{b) (1) (D);

T i t l e 18, United Sta t e s Code, Sect ion 2 .)

The bases fo r my knowledge and fo r th e foregoing

charges , a re , in p a r t , as fo l lows:

8 . I have been a Task Force Off ice r with the DEA fo r

the pas t 5 yea rs . I have been pe rsona l ly invo lved in the

i n v es t i g a t i o n o f t h i s mat te r . This A f f id av i t i s based upon my

inves t iga t ion , my examinat ion of repor t s and records , and my

conversa t ions with o th e r law enforcement agen t s and o f f i c e r s and

othe r ind iv idua l s . Because t h i s Aff idav i t i s being submi t ted

fo r the l imi ted purpose of demonstra t ing probab le cause, it does

not inc lude a l l th e fac t s t ha t I have l ea rned dur ing the course

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of my i nves t iga t ion . Where the contents of documents and the

ac t ions , s ta tements , and conversa t ions of o ther s a re repor t ed

he re in , they a re repor ted in subs tance and in p a r t , except where

otherwise ind ica ted .

Background of the Inves t iga t ion

9. Rikers Is land i s the s i t e of t en co r rec t iona l

f a c i l i t i e s t h a t house inmates charged with commit t ing fe lony

crimes in New York City . The George R. Vierno Center ( the

"GRVC") and the Otis Bantium Correc t iona l Center ( the "OBCC")

are two o f those cor rec t iona l f a c i l i t i e s , which house , among

o ther inmates , inmates in need of maximum se c u r i t y . The GRVC

and the OBCC both are loca ted in the Bronx, New York.

10. Inmates a t the GRVC, the OBCC, and o th e r Rikers

Is land c o r re c t i o n a l f a c i l i t i e s are guarded by Department ofCorrec t ion ("DOC") Off icers ("Correct ion O ff i c e r s " ) . Correc t ion

Officers a re re spons ib l e fo r , among o ther th ings , ensur ing the

care , custody, and con t ro l of the inmate popula t ion a t Rikers

I s l and . In orde r to car ry out t h i s r e s pons ib i l i t y , among o ther

t h ings , Correc t ion Off ice r s conduct inspect ions and searches of

inmates and Rikers Is land f a c i l i t i e s and engage in i n t e l l igence

ga ther ing and admin is t r a t ive func t ions .

11. AUSTIN ROMAIN, a /k /a "Steve Smith ," th e

defendant , has been a Correct ion Off ice r s ince in o r about

August 2007. Since l a t e November 2012, ROMAIN has been assignedto work a t th e OBCC, and previous ly was assigned to work a: t the

GRVC. KHALIF PHILLIPS, the defendant , has been a Correc t ion

Off icer s ince in o r about February 2006, dur ing which t ime he

has been ass igned to work a t the GRVC.

12 . As expla ined in more d e t a i l below, s ince in o r

about 2012, the New York Ci ty Department of Inves t iga t ion

("DOI") and the DEA have been i nves t iga t ing AUSTIN ROMAIN, a/k /a

"Steve Smith ," and KHALIF PHILLIPS, the defendants , fo r abusing

t h e i r pos i t ions as Correct ion Off i ce rs by se l l i ng mari juana to

inmates in the GRVC and the OBCC. In genera l , ROMAIN and

PHILLIPS obta ined the mari juana from wives o r g i r l f r i ends of

inmates they were supplying, al though ROMAIN a l so suppl ied h is

own mari juana to an inmate. ROMAIN and PHILLIPS were pa id by

the inmates ' wives o r g i r l f r i e nds , e i t he r in cash o r by Western

Union wire t r a ns f e r s . In addi t ion , ROMAIN and PHILLIPS have

sold sca lpe l s and tobacco to inmates .

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13. This i nves t iga t ion has r e l i e d , in p a r t , on theuse of two conf iden t i a l sources ("CS-1" and "CS-2") who were

inmates a t Rikers I s land during a l l r e levan t t imes . CS-1 has

pleaded gui l ty to New York Sta te cr imes r e l a t e d to the

d i s t r i bu t ion of narco t i c s , and i s prov id ing informat ion to the

Government in the hope of obta in ing leniency both a t sentencingin h is s t a t e case and in any fede ra l p rosecu t ion brought aga ins t

CS-1 fo r narco t i c s t r a f f i c k ing in the GRVC and th e OBCC. CS-2

has pleaded gui l ty to a New York Sta te a t t empted robbery offense

and al ready has been sentenced. CS-2 i s providing informat ionto the Government in the hope o f both obta in ing a reduc t ion in

h is s t a t e sen tence and obta in ing leniency in any f edera l

prosecut ion brought aga ins t him fo r narco t i c s t r a f f i c k ing in the

GRVC. CS-1 's and CS-2 's informat ion has been r e l i ab l e and has

been corrobora ted by independent evidence obta ined in the courseof the i nves t iga t ion .

1

ROMAIN's Mari juana Dealing Ins ide the GRVC and the OBCC

14. Based on my review of DOC records , I have l ea rned

t ha t CS-1 was an inmate a t the GRVC u n t i l November 2012, a t

which po in t CS-1 was t rans fe r red to the OBCC.

15. Based on my in te rv iews of CS-1, I have l ea rned

the fol lowing:

a . Since a t l ea s t e a r l y 2012, AUSTIN

ROMAIN, a /k / a "Steve Smith," the defendant , has suppl ied CS-1

with mar i juana in s ide both the GRVC and the OBCC. CS-1

i de n t i f i e d a photograph of ROMAIN as a Correc t ion Off ice r who

has provided him with mar i juana and o ther cont raband ins ide theGRVC and the OBCC.

b. ROMAIN t yp ica l ly obta ined h is own

mari juana and then sold it to CS-1, demanding between $300 and

$800 an ounce, depending on the qua l i ty of th e mari juana.

c . Afte r CS-1 bought the mari juana from

ROMAIN, CS-1 and inmates who worked fo r CS-1 so ld the mari juanato o the r inmates in s ide th e GRVC and the OBCC.

1 CS-1 began meeting with the DOI in or about August 2012. Subsequent ly ,CS-1 purchased mari juana from AUSTIN ROMAIN, a /k /a "Steve smith" and KHALIF

PHILLIPS, the defendants , on mult iple occas ions without the author izat ion of

DOI or the Government, inc luding on certa in occas ions descr ibed here in .

Never the less , CS- l ' s information continued to be corroborated by independent

evidence and has proven re l iab le .

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d. As i n s t ruc ted by ROMAIN, CS-1 pa id

ROMAIN fo r the mari juana by d i rec t ing h i s g i r l f r i end

("Gir l f r iend-1") to send Western Union wires to ROMAIN under thea l i a s "Steve Smith."

e. Inmates paid CS-1 fo r the mari juana CS-1 subsequent ly sold them by di:r·ecting t he i r r e l a t i v e s to send

Western Union wires to Gir l f r i end-1 .

f . ROMAIN also has provided tobacco andsca lpe l s to CS-1 ins ide the OBCC. S p e c i f i c a l l y , in o r aboutMarch 2013, ROMAIN provided CS-1 with a package conta in ing s ix

sca lpels , which were wrapped in s ide of bubble wrap and placed in

bal loons or f inger s of l a tex gloves . According to CS-1 andbased on my i nves t iga t ion , I have l ea rned t ha t inmates buy

sca lpe l s fo r p ro tec t ion in the event o f a phys ica l a l t e r c a t ion

with o ther inmates .

16. Based on my review of records and

su rve i l l ance photographs from Western Union and my in te rv iews ofa representa t ive from Western Union, I have learned thefol lowing:

a . Indiv iduals who pick up a Western Union

wire in an amount t ha t i s $500 or l e s s are not required to show

iden t i f i ca t ion to pick up the money. Rather , they are onlyrequi red to provide the answer to a secur i ty ques t ion previous ly

provided by the sender of the wire.

b. Between in o r about March 2012 and in

o r about March 2013, Gir l f r i end-1 sen t more than 20 Western

Union wires to "Steve Smith." The wires were typ ica l ly between

$200 and $500.

i . For example, on March 7, 2013,

Gir l f r i end-1 sen t a $200 Western Union wire to "Steve Smith."At approximately 3 :3 0 p .m . on March 7, 2013, "Steve Smith"

picked up a $200 wire a t a Western Union t e rmina l a t a grocerys to re in Long I s land . AUSTIN ROMAIN, a /k / a "Steve Smith ," the

defendant , was scheduled to begin h is s h i f t as a Correc t ionOff ice r a t 3 :00p .m. on March 7, 2013, but a r r i v e d two and a

ha l f hours l a t e to work t ha t day. I have compared a

su rve i l l ance photograph of "Steve Smith" picking up the wire on

March 7, 2013 to the DOC iden t i f i ca t ion card photograph fo r

ROMAIN, and I be l ieve t ha t "Steve Smith" and ROMAIN are the same

person.

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i i . As another example, on March 15,

2013, Gir l f r i end-1 sen t two Western Union wires - o n e fo r $500

and one fo r $ 4 9 9 - to "Steve Smith." At approximate ly 5 : 0 0 p .m .

on March 15, 2013, "Steve Smith" picked up a $500 wire sen t on

March 15, 2013 from a Western Union t e rminal a t a check cash ing

s tore in Brooklyn, New York. I have compared a surve i l l ancephotograph--of "Steve Smith" picking up the wire on March 15-,2013 to the DOC i den t i f i c a t ion card photograph fo r ROMAIN, and I

bel ieve t ha t "Steve Smith" and ROMAIN a re the same person .

17. I have spoken with Gi r l f r i e nd -1 , who i s

provid ing informat ion to the Government in the hope of obta in ing

leniency in any f ede ra l prosecu t ion brought aga ins t her fo r

na rco t i c s offenses . Based on my in terv iews o f Gir l f r i end-1 , I

have l ea rned the fo l lowing:

a . Gir l f r i end-1 provided payment on behal fof CS-1 to an ind iv idua l she bel ieved to be a Correct ion Off ice r

and who she r e fe r red to as "Steve Smith."

b. Gir l f r i end-1 i den t i f i ed a photograph ofAUSTIN ROMAIN, a / k / a "Steve Smith," the defendant , as the "Steve

Smith" she has pa id .

c . On severa l occas ions from ear ly 2012

through March 2013, Gir l f r i end -1 has sen t money v ia Western

Union wires to "Steve Smith" to pay fo r mari juana, sca lpe l s , and

tobacco t ha t "Steve Smith" provided to her boyfr iend , CS-1, a tthe GRVC and the OBCC.

d. Gir l f r i end-1 a l so picked up money v ia

numerous Western Union wires from o t he r ind iv idua l s on beha l f ofand a t the d i r ec t i on of CS-1. Gir l f r i end-1 unders tood from CS-1

t ha t these wires of money represented payments to CS-1 fo r

purchases made by GRVC and OBCC inmates of mar i juana and tobaccot ha t ROMAIN previous ly had suppl ied to CS-1 and t h a t CS-1 had

so ld to those inmates .

e . Gir l f r i end-1 communicated with "Steve

Smith" pr inc ipa l l y v ia cel lphone c a l l s and t e x t messages. Among

o the r numbers, "Steve Smith" used ce l lphones with c a l l numbers

ending in 1695 ( the "1695 Phone") and 3636 (the "3636 Phone") .I have reviewed cel lphone records fo r the 1695 Phone and the3636 Phone and have confirmed t ha t those ce l lphones were in

con tac t with the cel lphone used by Gi r l f r i e nd -1 .

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18. I have reviewed a recording of a te lephone

conversat ion on March 31, 2013 between Gir l f r i end-1 and AUSTIN

ROMAIN, a /k / a "Steve Smith ," the defendant , who was using the

1695 Phone. The recording was made using a recording device

provided to Gir l f r i end-1 by a DOI Inves t iga to r . I have also

reviewed cel lphone records fo r the 1695 Phone and confi rmed t ha tthe te lephone ca l l . reco rded by Gir l f r i end-1 was made a t the dateand t ime ind ica ted by Gir l f r i end-1 . Based on my review of therecord ing , I have l ea rned the fol lowing:

a . Gir l f r i end-1 asked ROMAIN i f he had a

"pen and piece of paper" and sa id " they ' re both fo r f ive . "

b. Gir l f r i end-1 provided tw o confi rmat ionnumbers, and the answers t o secur i ty ques t ions fo r each of thosenumbers.

c. Gir l f r i end-1 then sa id , "Let me know

when you pick those up and, you know, when you ' r e able to go see

him, a l l r ight? And he ' s gonna obviously need spinach and thebrownies . A ll r ight?" ROMAIN responded "All r i gh t . "

d. Based on my discuss ions withGir l f r i end-1 and CS-1, I know t ha t "spinach" i s a code word fo r

mari juana and "brownies" i s a code word fo r tobacco. I be l ieve

t ha t in the recorded c a l l , Gir l f r i end-1 to ld ROMAIN t ha t she had

wired him money to pay him fo r the mari juana and tobacco t ha t

CS-1 wanted to be brought to him a t the OBCC.

e . Based on my review of records from

Western Union, I have l ea rned t ha t on March 30, 2013,

Gir f l r i end-1 sen t tw o $500 wires to "Steve Smith," and t ha t

"Steve Smith" picked up one $500 wire on Apr i l 1, 2013 and theo ther $500 wire on Apri l 2, 2013. I have compared the

confi rmat ion numbers fo r these wires provided by Western Union

to the confirmat ion numbers given to ROMAIN by Gir l f r i end-1 in

the recorded c a l l , and they are the same numbers.

19. Based on my in te rv iews of Girl f r iend-1 and

my review of t ex t messages provided to me by Gir l f r i end-1between her cel lphone and the 1695 Phone, I have l ea rned thefol lowing:

a . In o r about Apri l 2013, CS-1 to ld

Gir l f r i end-1 t ha t he had mar i juana t ha t he wanted Gir l f r i end-1

to br ing to AUSTIN ROMAIN, a /k /a "Steve Smith," the defendant .CS-1 also to ld Gir l f r i end-1 t ha t he owed ROMAIN $1,500 and t ha t

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Girl f r iend-1 should bring the money d i r ec t ly to ROMAIN ra ther

than sending it by Western Union.

b. ROMAIN and Gir l f r iend-1 then arranged

to meet in Bethlehem, Pennsylvania.

c. On Apri l 16, 2013, ROMAIN, using the

1695 Phone, texted Gir l f r iend-1 an address in Bethlehem,

Pennsylvania.

d. On Apr i l 17, 2013, ROMAIN, using the

1695 Phone, exchanged the following t ex t messages with

Gir l f r iend-1:

GIRLFRIEND-1: HELLO ? ?

ROMAIN: HEY U UP

GIRLFRIEND-1: YA

ROMAIN: HEY I'M N A TRAFFIC STOP LOL WATS UP

GIRLFRIEND-1: JUST WANT TO MAKE SURE U ARE ON YOUR

WAY CUSS I AM ON MY WAY

ROMAIN: YA YA

ROMAIN: HEY

ROMAIN MINUTES RAN OUT

ROMAIN: WHERE U AT

GIRLFRIEND-1: 30 MILES

ROMAIN: OK

GIRLFRIEND-1: AND U

ROMAIN : ABOUT 4 0

GIRLFRIEND-1: K SEE U SOON

GIRLFRIEND-1: WHAT KIND OF CAR SHOULD I BE LOOKING

FOR?

ROMAIN: BLACK TRUCK

8



e . Shor t ly a f t e r t h i s t e x t exchange,

Gir l f r i end-1 met ROMAIN on a s t r e e t in Bethlehem, Pennsylvania.

During the meet ing, Gir l f r i end-1 handed ROMAIN $1,500 in cash,as well as ten uninf la ted ba l loons , each conta in ing mari juana

ins ide them.

f . On Apri l 18, 2013, ROMAIN, using the1695 Phone, exchanged the fo l lowing t e x t messages, in re levant

par t , with Gir l f r i end-1 :

ROMAIN: HEY TELL [CS-1] TO CHECK THE GARBAGE

WHEN HE CALLS U

GIRLFRIEND-1: OK I WILL

20. Based on my t ra in ing , exper ience ,pa r t i c ipa t ion in th i s i nves t iga t ion , and discuss ions withGir l f r i end-1 , I bel ieve tha t in the t e x t messages de ta i led

above, AUSTIN ROMAIN, a / k / a "Steve Smith," the defendant , was

t e l l i ng Gir l f r i end-1 t ha t he l e f t the package conta in ing

mari juana in a par t i cu l a r garbage p a i l on the f loo r where CS-1

was housed a t the OBCC.

21. Based on my review of DOC records , I have

l ea rned t ha t the 3636 Phone i s a phone number provided by AUSTIN

ROMAIN, a /k / a "Steve Smith," the defendant , to the DOC as a

number on which he can be contac ted in the event of anemergency. As noted above, Gir l f r i end-1 iden t i f i ed the 3636

Phone as a phone she has used to communicate with "Steve Smith,"

which I have confirmed by reviewing cel lphone records fo r the

3636 Phone.

PHILLIPS's Mari juana Dealing Ins ide the GRVC

Phi l l ip s Suppl ies Marijuana to CS-1

22. Based on my review of DOC records , I have

learned tha t in o r about August 2012, CS-1 was t rans fe r red from

one f loo r of the GRVC to another f loor , where KHALIF PHILLIPS,

the defendant , was ass igned as a Correc t ion Off ice r .

23. Based on my interviews of CS-1, I have

learned the fol lowing:

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a . CS-1 i de n t i f i e d a photograph of KHALIF

PHILLIPS, the defendant , as another Correc t ion Off ice r who has

suppl ied mari juana to CS-1 in s ide the GRVC.

b. Afte r CS-1 was moved to the same f loor

where PHILLIPS was ass igned as a Correc t ion Off ice r , CS-1 sawPHILLIPS having an i n t e r a c t ion with another inmate ("Inmate-1")

in a manner t h a t led CS-1 to bel ieve t ha t PHILLIPS was supplyingcontraband to Inmate-1. CS-1 then spoke to Inmate-1, who t o ld

him t ha t PHILLIPS was supplying mari juana and o ther contrabandto Inmate-1.

c . Afte r speaking to Inmate-1, in o r about

August 2012, CS-1 approached PHILLIPS and asked PHILLIPS to

br ing mar i juana in to the GRVC fo r CS-1. PHILLIPS agreed to do

so and sa id he charged $1,000 per package. CS-1 then put

PHILLIPS in touch with Gir l f r i end-1 in orde r fo r Gir l f r i end-1 toprovide mar i juana to PHILLIPS and pay PHILLIPS to t ake it to cs-

1 ins ide the GRVC.

d. PHILLIPS brought mari juana and tobacco

in to the GRVC fo r CS-1 on approximately f ive occas ions from in

or about August 2012, up to and inc luding in o r about December

2012. PHILLIPS also brought sca lpe l s in to the GRVC fo r CS-1.

Gir l f r iend-1 pa id PHILLIPS both by cash and v ia Western Union

wire.

24. As noted above,I

have in te rv iewedGir l f r i end-1 . Based on those in te rv iews, I have l ea rned thefol lowing about KHALIF PHILLIPS, the defendant :

a . Gir l f r i end-1 iden t i f i ed a photograph o f

PHILLIPS as a Correc t ion Off ice r with whom she has met a t thereques t of CS-1.

b. Gir l f r i end-1 met PHILLIPS in Manhattan

on tw o o r th ree occas ions and provided PHILLIPS with mari juanaand tobacco to br ing to CS-1 in s ide the GRVC.

c . Gir l f r i end-1 pa id PHILLIPS to bring themari juana and tobacco to CS-1 both in person and v ia Western

Union t r a ns f e r . PHILLIPS provided h is r e a l name fo r Gi r l f r i end-

1 to use to wire him money.

d. Gir l f r i end-1 communicated with PHILLIPS

pr inc ipa l ly v ia cel lphone ca l l s and t e x t messages. The

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cel lphone number used by PHILLIPS ended in c a l l number 7I09 ( the

"PHILLIPS Phone") .

25. Based on informat ion provided by

Spr in t /Nexte l , I have learned th e fol lowing:

a. During a l l t imes re levant to th i s

Complaint, th e PHILLIPS Phone was subscr ibed to in the name of

an ind iv idua l I bel ieve based on DOC records to be the mother of

KHALIF PHILLIPS, the defendant .

b. Between on or about September 29, 20I2

through on o r about October 24, 20I2, the PHILLIPS Phone was in

communication with Gir l f r i end - I ' s cel lphone approximate ly 255

t imes .

26. I have reviewed copies of t ex t messagesbetween Gi r l f r i end- I and KHALIF PHILLIPS, the defendant , us ingthe PHILLIPS Phone, which Gir l f r iend- I provided to me. Based on

my review, I have learned the fol lowing:

a . On October 26, 20I2, G ir l f r i e nd- I

tex ted the PHILLIPS Phone "Hey your going to hate me but i s it

ok i f I send you ha l f r i gh t noe n the o ther ha l f as soon as I

ge t i t . " G ir l f r i e nd- I expla ined t ha t she had ca r problems and

needed to use some money fo r her car .

b. On October 27, 20I2, G ir l f r i e nd- I

exchanged th e fol lowing t e x t messages with KHALIF PHILLIPS, the

defendant , in re levant pa r t :

GIRLFRIEND-I: I EILL SEND U THE FIVE OUT RIGHT NOW IF

THATS OK WITH YOU

PHILLIPS: OK!!!

PHILLIPS: KHALIF PHILLIPS

PHILLIPS: BROOKLYN.... !

GIRLFRIEND-I: LOL GOT IT . LEAVING NOW TO SEND IT

OUT.

PHILLIPS: OK! OK!!

c . Later the same day, G ir l f r i e nd- I tex ted

a conf i rmat ion number to the PHILLIPS Phone.

I I



d. On November 6, 2012, PHILLIPS tex ted

Gir l f r i end-1 the fo l lowing message:

ALSO WHEN YOU COME!!! JUST BRING A FEW

CANDIES, NOT A LOT LIKE THE LAST TIME!I 'M JUST TRYING TO MAKE ONE. DELIVERY

NOT TOO MANY BACK AND FORTH LIKE THE

LAST TIME!! ;) I THINK THE LAST TIME

YOU GAVE ME LIKE 20 CANDIES!! JUST

BRING ME HALF OF THAT LIKE 10 CANDIES,

SO ENOUGH FOR [CS-1] TO MAKE HIS CASH

AND A SOME ... !

27. Based on my t ra in ing , exper ience ,pa r t i c ipa t ion in t h i s invest iga t ion , and discuss ions with

Gir l f r i end-1 , I be l ieve t ha t in the t e x t messages re fe rencedabove, Gir l f r i end-1 asked KHALIF PHILLIPS, the defendant , i f she

could pay him l e s s than the fu l l amount she owed him fo r the

t ime being, and PHILLIPS agreed. PHILLIPS then provided h is

name fo r Gir l f r i end-1 to send him money v ia wire on October 27,

2012, and Gir l f r i end-1 provided PHILLIPS with the confirmat ionnumber fo r the wire she j u s t sen t . Days l a t e r , a f t e r PHILLIPS

had brought mari juana in to the GRVC fo r CS-1, PHILLIPS tex ted

Gir l f r i end-1 to t e l l h er to make fu ture packages of mari juana

smal le r so they would be eas ie r fo r him to sneak in to the GRVC

("JUST BRING A FEW CANDIES, NOT A LOT LIKE THE LAST TIME!").

28. Based on my review of records provided by

Western Union, I have l ea rned t ha t on o r about October 27, 2012,

Gir l f r i end-1 sen t a $500 Western Union wire to "Khal i fPhi l l i p s , " and t ha t a man I be l ieve to be KHALIF PHILLIPS, thedefendant , picked up th e $500 wire t ha t day. The confi rmat ionnumber fo r the $500 wire i s the same number t ha t Gir l f r i end-1

texted to the PHILLIPS Phone.

Phi l l ip s supp l ies Marijuana to CS-2, Inmate-2, and Inmate-3

29. CS-2 was an inmate a t the GRVC from in o r

about January 2012 to in o r about February 2013. Based on my

interviews of CS-2, I have learned the fo l lowing about KHALIF

PHILLIPS, the defendant :

a. CS-2 ident i f i ed a photograph ofPHILLIPS as a Correc t ion Off ice r who suppl ied him with mari juana

in s ide the GRVC.

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b. While a t the GRVC, CS-2 saw PHILLIPS

hand CS-1 a package. A shor t t ime l a t e r , CS-2 bought mari juanafrom CS-1 i n s ide the GRVC, and pa id CS-1 by having someone sendmoney v ia Western Union wire to CS-1's g i r l f r i end (as notedabove, Gir l f r iend-1) .

c. Because CS-2 saw-PHILLIPS hand CS-1 a

package and then CS-2 bought mari juana from CS-1, CS-2 bel ieved

t ha t PHILLIPS was supplying CS-1 with mari juana. CS-2 thenapproached PHILLIPS and asked fo r PHILLIPS's ass i s t ance in

br inging mari juana in to the GRVC fo r CS-2.

d. On severa l occas ions in 2012, PHILLIPS

suppl ied mari juana to CS-2 ins ide the GRVC. At one po in t ,

PHILLIPS admonished CS-2 to make h is packages smal le r .

e . CS-2 provided the mari juana fo rPHILLIPS to br ing in to the GRVC by having CS-2 's wife br ing it

to PHILLIPS. CS"2's wife also pa id PHILLIPS, who chargedapproximately $1,000 p er package, to br ing the mari juana in to

the GRVC.

30. Based on my review of DOC records , my

discuss ions with CS-2, and my discuss ions with a DOI

Inves t iga to r who in terviewed another inmate ("Inmate-2") , I have

learned the fo l lowing:

a. CS-2 ident i f i ed a photograph of Inmate-2 as an inmate who worked fo r CS-2 a t the GRVC. Inmate-2 s tored

the mari juana t ha t KHALIF PHILLIPS, the defendant , brought in

fo r CS-2 before CS-2 sold it to o the r inmates .

b. On o r about December 1, 2012, Inmate-2was searched ins ide the GRVC and found to be in possess ion of 32

grams of a green l ea fy substance.

c . The green leafy substance was

t ranspor ted to a New York City Police Department ("NYPD")

labora tory fo r drug t e s t i ng , and it t e s t ed pos i t ive fo r

mari juana.

d. Inmate-2 to ld the DOI Inves t iga to r t ha t

he worked fo r CS-2, was holding the mari juana fo r CS-2, and t ha t

the mari juana was suppl ied by a Correct ion Off ice r . Inmate-2

i de n t i f i e d a photograph of PHILLIPS as the Correc t ion Off ice r

who suppl ied the mari juana to CS-2. Inmate-2 sa id t ha t PHILLIPS

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l e f t the marlJUana in a l i g h t f ix tu re in a s t a i r w e l l in th e GRVC

and then t o ld Inmate-2 where to r e t r i e v e it from.

31. Based on my in te rv iews o f CS-2 and my review

of su rve i l l ance footage, I have l ea rned the fo l lowing :

a . CS-2 i de n t i f i e d a photograph of ano ther

inmate a t th e GRVC (" Inmate-3") as an inmate to whom KHALIF

PHILLIPS, th e defendan t , f requent ly gave the mar i juana and

contraband t h a t PHILLIPS brought in to the GRVC, so t h a t Inmate-3

cou ld g ive it to th e inmates , inc lud ing CS-2, with whom PHILLIPS

was working.

b. Inmate-3 worked in th e in take a rea a t

th e GRVC and the re fo re had e a s i e r access to PHILLIPS.

c . At one poin t , PHILLIPS t o ld CS-2 no t tosend any th ing meta l in s ide because Inmate-3 had to go through

meta l de tec to r s a f t e r PHILLIPS provided him with packages .

d. The in take a rea a t th e GRVC i s a

recep t ion a rea where new inmates wai t in hold ing c e l l s u n t i l

they are placed in housing a rea s . The i n t ake area a l so con ta ins

lockers used to s to re supp l ies and l inens , among o th e r th ings .

e .

from December 23, 2012

review, I have l ea rned

I have reviewed se c u r i t y camera footage

fo r the GRVC in take a rea . Based on my

t h a t the footage dep ic t s the fol lowing:

i. At approximately 10:48 a .m. ,

PHILLIPS, in h is Correc t ion Off i ce r uniform, i s seen i ns ide the

in take a rea ca r ry ing what appears to be a smal l bag in h is hand.

ii.

PHILLIPS waves th e bag in

who i s s e v e ra l f e e t away.

At approximately 10:49 a .m. ,

h is hand in the d i r e c t i o n of Inmate-3,

iii. Next, Inmate-3 approaches the

locker a rea n ea r where PHILLIPS i s s tanding and opens one of the

l ocke rs . PHILLIPS approaches Inmate-3 and both PHILLIPS and

Inmate-3 look and reach in to the locker . Inmate-3 then walks

away from th e locker , and PHILLIPS aga in put s h is hand in to the

locker .

iv . PHILLIPS then walks away from the

locker a rea . Seconds l a t e r , Inmate-3 br ings a bucket to the

same locker and opens the locker door. Inmate-3 removes smal l

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packaged ob jec t s from the locker and p laces them i n to the

bucket . Inmate-3 then places the bucket i n to ano the r locker.

v. About an hour l a t e r , a t

approximate ly 11:54 a.m. , Inmate-3 re tu rns to the locker

conta in ing the bucket , opens i t , and then opens h is pr i sonjumpsuit . Inmate-3 reaches in to the bUcket and removes ce r ta in

ob jec t s t ha t he s t u f f s ins ide h is jumpsuit .

v i . About a ha l f hour l a t e r , a t

approximate ly 12:23 p.m. , o ther Correc t ion Off ice r s stopped and

f r i sked Inmate-3, recovering tw o t i gh t l y wrapped brown paper

bags in Inmate-3 ' s groin area .

32. Based on my review of DOC records and my

discuss ions with a DOI Invest iga tor , I have l ea rned t ha t the

paper bags se ized from Inmate-3 on December 23, 2012, conta inedapproximate ly 104 grams of a green l eafy subs tance . DOI

submit ted th e substance to the NYPD l abora to ry fo r drug t e s t ing ,

and it t e s t e d pos i t ive fo r mari juana.

PHILLIPS Supp l i e s Marijuana to Inmate-1 and Inmate-4

33. As noted above, CS-1 i s aware from speaking

to Inmate-1 t h a t Inmate-1 i s another inmate to whom KHALIFPHILLIPS, the defendant , suppl ied mari juana ins ide the GRVC.

Inmate-1 was an inmate a t the GRVC from February 2012 to

September 2012, before he was t rans fe r red to the OBCC.

34. I have reviewed recordings of c a l l s made by

Inmate-1 while ins ide the GRVc2 to a woman whom I be l ieve to be

Inmate-1 ' s g i r l f r i e n d ( "Gi r l f r i end-2" ) , using th ree cel lphones

with c a l l numbers ending in 2385 (the "2385 Phone"), 3929 (the

"3929 Phone"), and 2745 (the "2745 Phone"), during the t ime

per iod from in o r about May 2012 through in o r about August

2012, a f t e r which t ime Inmate-1 was moved out of the GRVC. Ihave also reviewed record ings o f pr ison c a l l s made by another

inmate housed a t the GRVC ("Inmate-4") to Gir l f r i end-2 , using a

te lephone ending in c a l l number 0344 ( the "0344 Phone"). These

recordings were made in o r about December 2012, a f t e r Inmate-1was no longer a t the GRVC. Based on my review of these

recordings , I be l ieve t ha t the user of the 2385 Phone, the 3929

Phone, the 2745 Phone, and the 0344 Phone i s the same person,

i . e . , Gir l f r i end-2 . In many of these ca l l s , Inmate-1 and

2 Prior to a l l c a l l s made by an inmate at Rikers Is land , the inmate is

provided a warning stat ing , in sum and substance, that the c a l l i s being

recorded and i s not private .

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Inmate-4 a re di rec t ing Gir l f r i end-2 to pick up money v ia Western

Union wires , which I bel ieve represen t the proceeds of mari juana

dea l ing i n s ide the GRVC.

35. Based on my review of records obta ined from

Spr in t /Nexte l , I have learned the fol lowing:

a . From on o r about May 1, 2012 to on o r

about May 26, 2012, the 2385 Phone was in communication with the

PHILLIPS Phone approximate ly 275 t imes .

b. From on o r about May 8, 2012 through on

o r about Ju ly 8, 2012, the 3929 Phone was in communication with

the PHILLIPS Phone approximate ly 130 t imes .

c . From on o r about July 1, 2012 through

on or about August 6, 2012, the 2745 Phone was in communicationwith the PHILLIPS Phone approximate ly 50 t imes .

d. From on o r about December 5, 2012

through on o r about December 24, 2012, the 0344 Phone was in

communication with the PHILLIPS Phone approximate ly 30 t imes.

36. As noted above, on December 1, 2012,

marlJUana was se ized from Inmate-2, who I be l ieve had obtained

the mar i juana from KHALIF PHILLIPS, the defendant , on beha l f of

CS-2. Two days l a t e r , Inmate-4 placed a pr i son c a l l from the

GRVC to Gir l f r i end-2 on the 0344 Phone. I have l i s t ened to arecording of t ha t c a l l , dur ing which Inmate-4 to ld Gir l f r i end-2

t ha t someone at tempted to de l ive r a package "not in the r egu la r

way," and t ha t an inmate was caught with it. Inmate-4 t o ld

Gir l f r i end-2 to t e l l "her" not to de l ive r more unless it's done

" in the regu la r way." Based on my t ra in ing , experience, and

pa r t i c ipa t ion in t h i s invest iga t ion , I be l ieve tha t in t h i s

c a l l , Inmate-4 to ld Gir l f r iend-2 t ha t PHILLIPS de l ive red

mari juana to Inmate-2 in a d i f f e r e n t way than previous

de l ive r i e s . Inmate-4 also to ld Gir l f r i end-2 to i n s t ruc t

PHILLIPS to make de l ive r ie s in the r egu la r way in the fu ture .

37. On December 13, 2012, Inmate-4 placed apr ison c a l l from the GRVC to G i r l f r i end-2 on the 0344 Phone. I

have l i s t ened to a recording of t ha t c a l l , during which Inmate-4

to ld Gir l f r i end-2 to check on the s t a tus o f severa l Western

Union t ransac t ions . Gir l f r iend-2 t o ld Inmate-4 t ha t "she"

ca l l ed "a t l e a s t s ix t imes" t ha t day. Based on my t ra in ing ,

experience, and pa r t i c ipa t ion in t h i s i nves t iga t ion , I be l ieve

t ha t Gir l f r i end-2 to ld Inmate-4 t ha t KHALIF PHILLIPS, the

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defendant , had ca l led h er approximately s ix t imes . I have

reviewed t e l ephone records fo r the PHILLIPS Phone, which show

t ha t the PHILLIPS Phone placed f ive t e l ephone c a l l s on December

13, 2012 to the 0344 Phone.

38. As noted above, on December 23, 2012,Inmate-3 was found in possess ion of approximately 104 grams of

mari juana t h a t I be l ieve KHALIF PHILLIPS, th e defendant ,

provided to him. The next day, Inmate-4 placed a pr i son c a l l

from the GRVC to G i r l f r i end-2 on the 0344 Phone. I have

l i s t ened to a record ing of t ha t ca l l , dur ing which Inmate-4 says

t ha t "she d i d n ' t l i s t en and she brought something in" and t h a t

another inmate got caught with it. Inmate-4 then to ld

Gir l f r i end-2 to disconnect her phone.

39. Based on my review of records from

AT&T/Cingular, I know t ha t the 0344 Phone was disconnected on o rabout December 24, 2012.

WHEREFORE, the deponent re spec t fu l ly reques ts t ha t

AUSTIN ROMAIN, a /k / a "Steve Smith," and KHALIF PHILLIPS, the

defendants , be a r res ted and imprisoned, o r ba i l ed , as the case

may be.

J / ) STRAFACI

Task orce Off ice r

Drug Enforcement Adminis t ra t ion

sworn to before me t h i s

14th day o f June, 2013.

! L - a # ~~ E N R ~, UN TED S T A ~ S '!AGlsTRATE JUDGEI SOUTHERN DiSTRICT OF NEW YORK

Romain, Austin and Khalif Phillips Complaint

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