AO9 l (Rev. 08/09) Criminal Complaint NITED STATESDISTRICT COURT .- --) .-.)...) :1-iq' -- . , , . y forthe p :1 . g'.â -.. .- -' ' -- # ! i l t SouthernDistrictofFlorida : j 7 . l k UnitedStatesofAmerica V. MICHAEL JAMES M Eult-uo and pAvuosc. n luAculoTis, Case No.12-8214-DLB CRIMINAL COMPLAINT 1, thecomplainant inthiscase, statethat thefollowingis truetothebest of myknowledgeandbelief. Onor about thedatets) of May29, 2012 inthecountyof Palm Beach inthe Southern District of Florida , thedefendantts) violated: Code Section Offense Description 18U.S.C. Section1201(c) conspiracytoKidnap and 18U.S.C. Section1201(d) 18 U.S.C. Section 875 attempted kidnapping extodion Thiscriminal complaint isbasedonthesefacts: SEE ATTACHED AFFIDAVIT W Continuedonthe attachedsheet. Complaiant signature Gavin Gumbinner. Special AqentFBI Printednameandtitle Sworntobeforemeandsignedinmypresence. Date: 05/30/2012 Cityandstate: WestPalm Beach,Florida DaveLeeBrannon, United StatesMaqistrateJudge Printednameandtitle 1- Judge 'ssignature Case 9:12-mj-08214-DLB Document 1 Entered on FLSD Docket 05/30/2012 Page 1 of 12
Transcript
AO 9 l (Rev. 08/09) Criminal Complaint
NITED STATES D ISTRICT COURT . - --).-.)...) :1-iq' --- . , , .yfor the p : 1 . g '.â -.. .- -' ' --# !i ltSouthern District of Florida : j7. l
k
United States of America
V.
MICHAEL JAMES M Eult-uo andpAvuos c. n luAculoTis, Case No. 12-8214-DLB
CRIM INAL COM PLAINT
1, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the datets) of May 29, 2012 in the county of Palm Beach in the
Southern District of Florida , the defendantts) violated:
Code Section Offense Description18 U.S.C. Section 1201(c) conspiracy to Kidnap
and
18 U.S.C. Section 1201(d)
18 U.S.C. Section 875
attempted kidnapping
extodion
This criminal complaint is based on these facts:
SEE ATTACHED AFFIDAVIT
W Continued on the attached sheet.
Complai ant signature
Gavin Gumbinner. Special Aqent FBIPrintedname and title
Sworn to before me and signed in my presence.
Date: 05/30/2012
City and state: West Palm Beach, Florida Dave Lee Brannon, United States Maqistrate JudgePrinted name and title
1-Judge 's signature
Case 9:12-mj-08214-DLB Document 1 Entered on FLSD Docket 05/30/2012 Page 1 of 12
AFFIDAVIT
1, Gavin Gumbirmer, being duly sworn, depose and state:
I am a Special Agent with the Federal Bureau of Investigation, and have been so
employed for more than 14 years. I am currently assigned to the Federal Bureau of
Investigation (FBI) Safe Streets Task Force Miami Division, Palm Beach County
Resident Agency.
This affidavit is based upon my own personal knowledge of the facts and
circumstances surrounding the investigation, and information provided to me by other
1aw enforcement officers, victims, witnesses, and defendantts). This affidavit does
2.
not purport to contain a11 the information known to me about this case but addresses
only that information necessary to support a finding of probable cause for the issuance
of a criminal complaint charging defendants M ICHAEL JAM ES M ELILLO and
PAVLOS C. KAIM ACLIOTIS of conspiracy to kidnap, in violation of Title 18 section,
1201(c), attempted kidnapping, in violation of Title 18, United States Code, Section
1201(d) and extortion in violation of Title 18, United States Code, Section 875.
On May 10, 2012, two cooperating witnesses (CW I and CW2) went to the FBl Offce
located in W est Palm Beach, Florida, to report a kidnapping plot that was formulated
by M ICHAEL M ELILLO. CW 1 had a personal relationship with M ELILLO starting
around January 2012 and ending in M ay 2012. At some point during the relationship
M ELILLO mentioned to CW 1 that he was interested in opening som e foreign bank
accounts to put money in that he did not want traced. Aher further conversation
M ELILLO told CW 1 about his plan to kidnap a wealthy man that lived in Palm Beach
Case 9:12-mj-08214-DLB Document 1 Entered on FLSD Docket 05/30/2012 Page 2 of 12
Gardens, Florida. CW 1 was concenwd and upset by this conversation and told CW 2.
On or about M ay 8, 2012, CW 2 met with M ELILLO who explained the kidnapping
plot to him/her, identified the intended victim, and gave CW 2 a Rolex watch as a token
of good faith. CW 's 1 & 2 explained these details to Agents and gave them a piece of
paper that MELILLO had m itten on where he identitsed the vidim, members of the
vidims fnmily, himself, and another individual that had been planning the kidnapping
with him but was no longtr interested.
On 05/10/2012, CW 2 placed a controlled phone call to M ELILLO, at the dirtction of
law enforcement, where he arranged for an FB1 Under Cover Employee (UCEI) to
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meet with MELILLO the following day to discuss the details of the kidnapping plot.
On 05/1 1/2012, UCEI met with MELILLO at a Starbucks Coffee Shop located in Palm
Beach Gardens, Florida. At this meeting M ELILLO explained to UCEI that he and
another individual named Paul, had been planning the kidnapping for one to one and a
half years. M ELILLO said that his initial motive for the kidnapping was revenge but
that now his motive was revenge and trying to set up a good quality of life for his two
and a half year old son. M ELILLO explained that about five years ago he was playing
in some high-end poker games. Over a two-year period he lost approximately
$100,000.00 at these poker games. M ELILLO believed that the poker games were
rigged for him to lose and that the intended victim of the kidnapping, was getting a
percentage of his loses. M ELILLO said that he and Paul tried to hire som eone to help
them with the kidnapping plan but could not find anyone reliable. M ELILLO'S initial
plan was for he and PAUL to stage an accident and grab the victim. M ELILLO said
he was concemed about the victim recognizing him and that he (the victim) would have
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to çidisappear'' if he did recognize MELILLO. M ELILLO was going to cut the
victim's tingers off and send them to the family if they refused to pay. M ELILLO
also explained that he was going to set up bank accounts in foreign countries to launder
the ransom money with the monies final destination being Cuba. M ELILLO thought
that United States Govenunent would have a difticult time tracking the money in Cuba.
M ELILLO discussed who would be better to kidnap, the victim or the victim's
daughters who he believed was married to a very wealthy man from Switzerland.
M ELILLO told UCEI that ht was hoping to get fiftetn million dollars in ransom
money. MELILLO said that he would not settle for less than seven and a half million
dollars in ransom money. M ELILLO said that he was going to launder some of the
ransom money through his legitimate businesses. M ELILLO discussed being out of
the state, possibly in M irmesota, when the kidnapping happened as part of his alibi.
MELILLO expressed concern about some of his electronic devices (IPAD,
IPHONE. ..) that he had used to Google some of the information need to accomplish
the kidnapping. M ELILLO also discussed getting untraceable cell phones to be used
during the ransom negotiations. M ELILLO gave UCEI $5,000.00 to get started on
the kidnapping plan. M ELILLO wrote the victims name and other identifying
information on the envelope containing the $5,000.00. M ELILLO also discussed
inviting the victim to lunch so that UCEI could identify him (the victim) and know
whom he was supposed to be kidnapping.
On 05/16/2012, M ELILLO and UCEI m et at a Starbucks Coffee Shop in Palm Beach
Gardens, Florida, to discuss the kidnapping. UCEI showed M ELILLO some
photographs of the victim that had been taken over the previous couple days for
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identitieation puposes. MELILLO positivtly identitied the individual in the
photographs as the victim. M ELILLO told UCEI that the victim and his family were
very wealthy and he believed they were going to pay the ransom. M ELILLO was
trying to decide who from the victim 's family would be best to contact for the ransom
negotiations. MELILLO revealed he had bought two untraceable phones that he was
going use during the ransom negotiations. MELILLO was trying to deeide what area
code to use for the phonts and said he was thinking about Texas. M ELILLO talked
about buying a voice-altering machine so his voice could not be identitied at a later
date. M ELILLO talked about throwing his IPAD in the ocean because he had googled
some things related to the kidnapping. M ELILLO said that he had been prepared to
kill the victim to avoid going to jail. MELILLO said that he had been thinking about
doing this for two years and that he was ready.
On 05/25/2012, M ELILLO and UCEI met at a Starbucks Coffee Shop in Palm Beach
Gardens, Florida, to discuss tht kidnapping.
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During this meeting M ELILLO gave
UCEI another $5,000.00 in furtherance of the kidnapping plan. M ELILLO and UCEI
went over the kidnapping plan to included M ELILLO disguising his voice when he
negotiated for the ransom. M ELILLO told UCEI that he would be staying at the Hard
Rock Hotel in Hollywood. Florida, during the kidnapping.
On 05/29/2012, at approximately 10:10am, UCEI made a controlled phone call to
M ELILLO and advised him that the victim had been successfully kidnapped. UCEI
told MELILLO that he would contact him a short time later.
8.
9. On 05/29/2012, at approximately 1 1 :15am UCEI made a controlled phone call to
M ELILLO and told him that they should meet at 12:30pm at the Publix Shopping
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Center located at Lake W orth Road and the Tunpikt, Lake W orth, Florida. At
approximately 12:18pm UCEI and M ELILLO met at the aforementioned Publix.
During this meeting UCEI told MELILLO about the kidnapping and mentioned that he
victim had spoken to his wife, told her he had been kidnapped, and to comply with the
kidnapper's demands. UCEI showed M ELILLO a staged photograph of the victim
in restraints, holding today's Palm Beach Post, with a visible injury. MELILLO told
UCEI that he would be negotiating for twenty million dollars. MELILLO stated that
ht would disguise his voice but had not purchased any electronic devises to assist with
his voice disguise. UCEI gave MELILLO a napkin containing, what he (MELILLO)
believed was the phone number of the victim's wife. In reality the phone number
belonged to a phone purchased by the FBl and being utilized by a FBI UCE (UCE2).
UCEI told MELILLO that the victim's wife would be expecting his (MELILLO'S) call
at 2:00pm so that he M ELILLO could make his demands.
10. On 05/29/2012, at approximately 2:00pm, UCE2 received a phone call, on the phone
M ELILLO believed belonged to the victim's wife, from an unknown phone number
and with an unknown male voice (unknown caller) on the other end of the phone. The
unknown caller advised UCE2 that he knew she (UCE2) had spoken to his partner.
The unknown caller advised that she (UCE2) had to get twenty million dollars for the
release of her husband. The unknown caller said that he would call back at 3:30pm .
11. On 05/29/2012, at approximately 2:03pm, UCEI received a call from M ELILLO .
MELILLO told UCEI that the victim's wife (UCE2) was very upset and kept asking
about her husband's well being. MELILLO stated that he told her (UCE2) that she
would need twenty m illion dollars for her husband's release. M ELILLO expected to
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continue negotiations with the victim's wife (UCEZ) later.
12. On 05/29/2012, at approximately 4:00pm, UCE2 received a phone call from phone
number (305)608-2857, from an unknown caller. The unknown caller told UCE2 that
she needs sixteen million dollars for the release her husband. The unknown caller told
UCE2 that she needed to provide sixteen million dollars or he would cut the victim's
hand off. At approximately 4:02pm M ELILLO called UCEI and told UCEI that he
threatened to cut the victim's hand off and he thought they would get sixteen million
dollars.
13. On 05/29/2012, at approximately 5:00pm, UCE2 received a phone call from phone
number (305)608-2857, from an unknown caller. UCE2 told the unknown caller that
see had collected a total of twelve and a half million dollars. UCE2 told the unknown
caller that she would have the money in her possession by 6:30pm . The unknown
caller advised UCE2 that he would call her back with further instrudions.
14. At approximately 6:45pm Agents observed M ELILLO in the Home Depot Parking lot
located at 1550 Palm Beach Lakes Boulevard, W est Palm Beach, Florida. M ELILLO
was observed parked in his black 2010 Cadillac Escalade speaking to an individual,
later identified as PAVLOS C. KAIMACLIOTIS, in a white van bearing Florida
registration I36-8LH. Subsequent to these observation UCEI had several phone
conversations with MELILLO in regards to the individual in the white van.
M ELILLO identitied the individual in the white van as EtPAUL'' and that he was the
guy that had been planning to do this with him over the last two years. PAUL was
supposed to take and store M ELILLO'S part of the money at his warehouse. During
UCEI 's undercover role/meetings with M ELILLO it had been intimated my
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M ELILLO to UCEI that KAIM ACLIOTIS had been involved in the planning of the
kidnapping over the last two years. At one point MELILLO refers to
KAIM ACLIOTIS as çlhis partner in crime''.
15. On 05/29/2012, between 7:00pm and 8:15pm (approximately) UCEI and MELILLO
had numerous controlled phone calls discussing the ransom drop. As a result of these
phone calls, M ELILLO instructed UCE2 to take the money and put it in the trunk of a
vehicle locattd at the Palm Beach lntemational Aimort (PBIA). MELILLO drove
UCEI to the PBIA where he dropped him (UCEI) off to retrieve the vehicle with the
ransom money. UCEI, driving the vehicle containing the ransom money and
M ELILLO following in his black 2010 Cadillac Escalade, drove back to the Home
Depot parking lot. M ELILLO exited his vehicle and began to celebrate with UCEI
the fad that they were successful in retrieving the ransom money for the kidnapping.
At this point M ELILLO was taken in to custody by law enforcement officers/agents.
16. On 05/29/2012, through investigative means, it was determined that IQAIMACLIOTIS
would be meeting M ELILLO at the Rum Bar located at 1 151 1 Ellison W ilson Road,
Palm Beach Gardens, FL. Upon KAIMACLIOTIS' arrival he was taken into custody
by law enforcement officers/agents. Post M iranda, KAIM ACLIOTIS admitted to
participation in tht kidnapping conspiracy. KAIM ACLIOTIS admitted that
MELILLO told him he and tûDAVE'' (UCEI) had kidnapped someone and they were
expecting millions of dollars for the ransom. M ELILLO asked and KAIM ACLIOTIS
agreed to watch from a distance to ensure M ELILLO'S safety. KAIM ACLIOTIS also
agreed to go to a M cDonalds and watch for the wife of the kidnapped victim as she
drove the ransom money. KAIM ACLIOTIS told Agents that M ELILLO had been
Case 9:12-mj-08214-DLB Document 1 Entered on FLSD Docket 05/30/2012 Page 8 of 12
discussing his (MELILLO'S) kidnapping plans with him (KAIMACLIOTIS) for
approximately one and a half years.
17. Based on the foregoing facts, your affiant submits that probable cause exists to
believe that defendants M ICHAEL JAM ES M ELILLO, and PAVLOS C.
KAIMACLIOTIS, committed the offense of conspiracy to kidnap, in violation of Title
18 sec 1201(c), attempted kidnapping, in violation of Title 18, United States Code,
Sedion 1201(d) and extortion in violation of Title 18, United States Code, Section 875.
FURTHER YOUR AFFIANT SAYETH NOT
Gavin Gumbinner, Special AgentFederal Bureau of lnvestigation
Sworn and subscribed to before me
this WM ay of ay, 2012.
/..-DAVE LEE BRAN NON
UNITED STATES MAGISTM TE JUDGE
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UNITED STA TES DISTRICT CO URTSOUTHERN DISTRICT OF FLORIDA
