USvPonce

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UNITED STATES DISTRICT COURT

SO UTH ERN DISTRICT OF FLORIDA

CASE NO.

18 U.S.C. 5 371

18 U.S.C. j 666(a)(1)(B)

18 U.S.C. j 666(a)(2)

UNITED STATES OF AM ERICA

VS.

LAZARO PONCE,

Defendant.

/

INFORM ATION

The United States Attorney charges that:

GENERAL ALLEGATIONS

At all tim es relevant to this lnform ation'

The Public Agency

The Miami Dade Police Department (MDPD) is an organization and agency

within M iami Dade County, a m tm icipal government located within the Southern District of

Florida, that has reeeived federal benefsts in exeess of $10,000 within a one-year period under a

Federal program involving a grant, contract, subsidy, and other form of Federal assistance.

The Public Official

Lazaro Ponce was employed by the M DPD as a police ofticer.

The M iam i Dade County Operator System

W hen a traftic atxident occurs within M iami Dade County, inoperable vehieles

are generally moved from the scene ofthat accident by privately owned tow tnlck companies.

W hen a vehicle is disabled because of an accident, the driver m ust call a tow

16-20361-CR-LENARD/GOODMAN

May 19, 2016

TBCase 1:16-cr-20361-JAL Document 1 Entered on FLSD Docket 05/19/2016 Page 1 of 9

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company him self, have his insurance company arrange a tow, or ask the responding police

ofticer or public service aide (-ûPSA'') to arrange a tow.

5. M iami Dade County has established a rotational wrecker operator system. lf an

oflicer or public service aide is asked to arrange a tow, MDPD regulations require the responding

unit to contact police dispatch, who will in turn notify the authorized rotational wrecker company

of the accident.

In order to become an authorized rotational wrecker, the wrecker company m ust

enter a contract with the MDPD (hereinafker,ûûwrecker agreemenf')

rotational wrecker company makes a tow pursuant to the

W hen the authorized

wrecker agreement, that wrecker

company is required to pay a fee to M DPD for each resulting tow .

Becatlse M iami Dade Cotlnty has a rotational wrecker system , Florida State Law

prohibits any tlnatlthorized tow tnlck driver from soliciting business from the driver of a disabled

vehicle befbre the authorized wrecker has arrived at that accident scene in M DPD 'S J'urisdiction.

Tow truck operators that attem pt to circumvent the rotational wrecker system and illegally solicit

business at accident scenes are known in the tow industry as ûtpirates.''

The Tow Truck Operators

Subject A operated a 'tcompany A'' tow truck.

Roberto Dominguez owned and operated a kçcom pany B'' tow truck.

10. Neither Com pany A, nor Company B, was an authorized rotational wrecker

within the jurisdiction of Miami Dade County.

Case 1:16-cr-20361-JAL Document 1 Entered on FLSD Docket 05/19/2016 Page 2 of 9

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COUNT I

Conspiracy

(18 U.S.C. 5 371)

Paragraphs 1 through l 0 of the General Allegations of this lnfbnuation are

re-alleged and incorporated as though fully set forth herein.

Between January 1 , 20 l4, and December 3 1 , 2() 14, in M iami-llade Cotmty, in the

Southern District of Florida, and elsewhere, the defendant,

LAZARO PONCE,

did knowingly and willfully combine, conspire, contkderate, and agree with Subject A, Robert

Dolninguez, and other persons knowm and unknown to the United States Attorney, to commit an

offknse against the United States, that is:

(a) to corruptly solicit and delnand for the benefit of any person, accept and agree to

accept anything of value fiom any person, intending to be intluenced and rewarded,

as an agent of a State and local organization, governm ent, and any agency thereof, in

connection with any business, transaction, and series of transactions involving any

thing of value of $5,000 or more, within a one year period that said organization,

government, and agency has received more than $10,000 under a Federal program,

involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of

Federal assistance, in violation of Title 18, United States Code, Section 666(a)(1)(B)'

(b) to corruptly give, offer, and agree to give anything of value to any person, with intent

to influence and reward an agent of an organization, State governm ent, and local

government, and any agency thereof, in connection with any business, transaction,

and series of transadions of such organization, government, and agency involving


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anything of value of $5,000 or more, within a one year period that said organization,

govenzment, and agency has received more than $ 10,000 under a Federal program,

involving a grant, contract. subsidy. loan, guarantee, insurance, or other form of

Federal assistance, in violation ofTitle 18, trnited States Code, Section 666(a)(2).

OBJECT OF THE CONSPIM CY

lt was the object of the conspiracy that the defendant and his co-conspirators utilize a

corrupt bribery and kickback schem e to unlawfully enrich themselves.

M ANNER AND M EAN S

The manner and means by which defendant and his co-conspirators sought to accomplish

the object of the conspiracy included, but were not limited to, the following:

Subject A, Roberto Dominguez, and other persons known and unknown to the

United States Attorney would operate tow trucks that serviced traffsc accidents within the

jurisdiction of the MDPD.

Subject A, Roberto Dominguez, and other persons known and unknown to the

United States Attorney would circum vent the rotational wrecker system by arriving at accident

scenes within the jurisdiction of the MDPD and then soliciting stranded drivers to have their

disabled vehicles towed to certain garages that would secretly pay kickbacks for the delivery of

damaged vehicles.

Subject A, Roberto Dominguez, other persons known and tlnknown to the United

States Attorney would deliver, and cause to be delivered, cash to M DPD Ofticer Lazaro Ponce

in exchange for Lazaro Ponce using his ofticial position to steer business towards, or otherwise

assist, tow tnlck operators with soliciting business from stranded m otorists.


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As a M DPD police oftscer, Lazaro Ponce would have access to computer

databases and com munications identifying accident locations and other infonzlation related to

those accidents within the jurisdiction of the MDPD. Oflscer Ponce would also be present at

accident scenes, either as the primary M DPD officer responsible for investigating and processing

the accident, or as a secondary M DPD ofticer assisting the primary officer or PSA.

In exchange for cash, Lazaro Ponce would permit Subject A, Roberto

Dominguez, and other other persons known and unknown to the United States Attorney to solicit

business and tow vehicles from M DPD accident scenes where Lazaro Ponce was present.

part of the schem e, Lazaro Ponce would also use his position to access and provide information

about accident locations and details regarding accidents to Subject A, Roberto Dominguez, and

other persons known and unknown to the United States Attonaey.

Lazaro Ponce, Subject A, RobertoDominguez and other persons known and

unknown to the United States Attorney would take steps to conceal their participation in the

bribery and kickback scheme. For example, Lazaro Ponce would make inaecurate statements

in accident reports regarding the disposition ofthe towed vehicles.

O VERT ACTS

ln fkrtherance of this conspiracy and in order to accomplish its object, at least one of the

co-conspirators comm itted at least one of the tbllowing overt acts, am ong others, in M iami-Dade

County, in the Southena District of Florida:

1. On or about April 25, 2014, Subject A and Roberto Dominguez gave a FB1

contidential source a M DPD encrypted radio issued to Lazaro Ponce.

2. On or about June 1 7, 2014, Lazaro Ponce permitted Roberto Dominguez and Subject


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A access to an accident scene located in the vicinity of S.W . 70th Avenue and 22nd Street,

M iami Dade County, Florida.

3. On November 9, 2014, Lazaro Ponce permitted Roberto Dominguez and Subject A

X ident in the vicinity of S W 82nd Avenue and S

.

W . 2401o each tow a vehicle fiom a traf c acc

. .

Street, M iami Dade County, Florida.

Al1 in violation of Title 18, United States Code, Section 37 l .

tkw* or )

W IFR- O A.FERRER

U TED S ATES ATTORNEY

z

k z. A AN

A HONY W . LACOST

SISTANT UNITED ATES TTORNEY


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SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO.

CERTIFICATE OF TRIAL ATTO RNEY*

LAZARO PONCE,

Defendant.

/ Superseding Case Inform ation:

Court Division' (select One)

X M iam i Ke W est

w

)B FTpTu

New Defendantts) Yes No

um ber of New Defendants

Total num ber of counts

I do hereby certify that:

I have carefully considered the allegations gf the indictmqnt, the number of defendants, the number of

robable witnesses and the legal complexlties of the Indlctment/lnformation attached hereto.

I am aware that thç information supplied oq this jtqtemeqt will be relied upon by the Judges of this

Court in setting thelr caljndars and schedullng crlmlnal trlals under the mandate of the Speedy Trial

Act, Title 28 U.S.C. Sectlon 3161 .

Iqterpreter: (Yes qr No)

LIst Ianguage and/or dlalect

This case will take 0

Please check appropriate category and type of offense Iisted below:

(Check only one) (Check only one)

No

days for the parties to try.

0 to 5 days

6 to 1 0 days

1 1 to 20 days

21 to 60 days

61 days and over

X Petty

M inor

M isdem .

Felony N -

6. Has this case been previously filed in this District Court? (Yes or No) No

lf yes:

Judge: Case No.

(Attach copy t)f dispositive ?rdeq)

Has a complalnt been filed In thls matter? (Yes or No)

If yej:

Maglstrate Case No.

Related Miscqllaneous numbers:

Defendantts) ln federal custody as of

Defendantls) in state custody as of

Rule 20 from the Istrlct o

Is this a potential death penalty case? (Yes or No) No

Dpes this case or g inate from a matter pending in the Northern Region of the U.S. Attorney's Office

4- 2003? Yes X Norlor to October 1 ,

Dges this case originate from a matter pending in the Central Region of the U.S. Attorney's Office

prlor to September 1 , 2007:2 Yes X No

AN HO Y . OSTA

ASSISTANT ED STATES ATTORNEY

CO URT NO. 00698

REV 4/8/08

8.

'Penalt

y Sheetts) attached


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SOU THERN DISTRICT O F FLORIDA

PENALTY SHEET

Defendant's Nam e: LAZARO PONCE

Count : l

Conspiracy to Commit an Offense against the United States

Title l8. United States Codes Section 371

* M ax.penalty: 5 years confinem ent

Counts :

* M ax-penalty:

Count :

* M ax-penalty:

Count :

* M ax-penalty:

WRefers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or forfeitures that m ay be applicable.


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AO 455 (Rev. 01/09) Waiver of an Indictment

U NITED STATES D ISTRICT COURT

for the

Southern District of Florida

United States of Amcrica

M.

LAZARO PONCE

Case No.

W AIVER OF AN INDICTM ENT

1 understand that l have been accused of one or more offenses punishable by imprisonment for more than one

year. l was advised in open court of my rights and the nature of the proposed charges against me.

After receiving this advice, 1 waive my right to prosecution by indictment and consent to prosecution by

infonnation.

Date:

Signature ofdefendant 's tz//tprz?cp


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