United States Attorney's Office for the Northern District of California

10/02/2024 | Press release | Distributed by Public on 10/02/2024 17:21

Four Leaders Of Notorious Nuestra Familia Prison Gang Convicted Of Racketeering And Related Crimes

Press Release

Four Leaders Of Notorious Nuestra Familia Prison Gang Convicted Of Racketeering And Related Crimes

Wednesday, October 2, 2024
For Immediate Release
U.S. Attorney's Office, Northern District of California
Trial Evidence Established Defendants Furthered the Aims of the Gang from Prison By Directing Other Members and Associates to Perform Numerous Criminal Acts Including Drug Dealing and Murder

OAKLAND - A federal jury found David Cervantes (aka "DC"), James Perez (aka "Conejo"), Guillermo Solorio (aka "Capone" aka "Caps"), and George Franco (aka "Puppet") guilty of racketeering, for their roles as senior members of the Nuestra Familia criminal enterprise, which engaged in murder conspiracies, attempted murder, drug distribution, and money laundering. The jury's verdict follows a 12-week trial before the Hon. Yvonne Gonzalez Rogers, U.S. District Judge.

"Prison gangs are a blight on the criminal justice system and on society," said Martha Boersch, Chief of the Office of the U.S. Attorney's Criminal Division. Prisons are supposed to protect the community from further crime and offer people the chance for rehabilitation, but prison gangs frustrate both goals. They perpetuate violence and criminality inside prisons, and through the use of contraband cell phones, gang leaders are able to oversee vast criminal networks on the streets. Successful prosecutions like this send an unmistakable message that this will not be tolerated simply because it's happening behind prison walls."

"These convictions are the culmination of eight years of complex investigative work by the FBI-led Santa Clara County Safe Streets Task Force. Through tireless investigative efforts and collaboration with our law enforcement partners, we have dismantled a core part of this criminal enterprise, whose illicit drug distribution and violent crime have long plagued our community," said FBI Special Agent in Charge Robert Tripp. "The FBI remains committed to ensuring that those who lead and engage in such violence, no matter where they operate, are brought to justice."

The evidence at trial established that the four defendants-Cervantes, 76; Perez, 70; Solorio, 45; and Franco, 59 - all were senior members of the Nuestra Familia (NF) prison gang, all serving on the General Council, the primary decision-making body for the gang. Through the testimony of more than 50 witnesses and dozens of wiretapped phone calls, the trial evidence revealed a lucrative and violent criminal enterprise with a presence in every Bay Area county and the roles that each defendant played in it.

The trial evidence established that Cervantes was one of the NF's three "Generals." As outlined in the Nuestra Familia's written Constitution, the three generals sat atop the NF organizational structure and made final decisions on serious matters involving governance of the enterprise. As the sole member of the General Advocates Office, Cervantes oversaw member discipline-a role that at times included deciding when members should be attacked or killed for violating gang rules. Further, the trial evidence established that Cervantes was responsible for (1) receiving "complaints" containing allegations of member wrongdoing within the NF, (2) appointing investigators to look into alleged wrongdoing of gang members, (3) accepting and modifying "findings and recommendations" of the investigators, and (4) forwarding final recommendations regarding member discipline to a seven-member General Council. Cervantes also was the "Regimental Commander" of the NF street gangs in Kings County. As Regimental Commander, Cervantes was responsible for overseeing, managing, directing, and otherwise controlling criminal activity conducted by Norteño street gang members in Kings County. In addition to convicting Cervantes of Racketeering Conspiracy, the jury found Cervantes responsible for the conspiracies to murder Lorenzo "Lencho" Guzman in 2015 and John "Shanks" Reyna in 2019, as well as the attempted murders of Antonio "Sombras" Villagrana in 2015, John "Knockers" Muzquiz in 2016, and Matt Rocha in 2019.

The trial evidence demonstrated Perez was another General of the prison gang, specifically, the "General of Prisons." In this role, Perez was responsible for maintaining authority over all NF regiments within the California prison system. His responsibilities included appointing NF members and associates to leadership positions within California Department of Corrections and Rehabilitation (CDCR) facilities, as well as overseeing and regulating criminal activity occurring in these facilities. In his role as General of Prisons, Perez collected a portion of profits from the prison regiments. He also was the Regimental Commander of the San Mateo County Street Regiment. In addition to convicting Perez of Racketeering Conspiracy, the jury found Perez responsible for the conspiracy to murder Lorenzo "Lencho" Guzman, as well as the attempted murders of Antonio "Sombras" Villagrana, John "Knockers" Muzquiz, and Matt Rocha.

At trial, the evidence established that Franco was a member of the NF's "Inner Council" and was Regimental Commander of San Joaquin County. As a member of the Inner Council, Franco was an advisor to the three NF Generals (two of whom were Cervantes and Perez) and was part of the General Council that, in addition to member discipline, made other significant decisions in conducting the affairs of the NF. In addition to convicting Franco of Racketeering Conspiracy, the jury found Franco responsible for the conspiracy to murder Lorenzo "Lencho" Guzman, as well as the attempted murder of Matt Rocha.

Solorio also was part of the NF "Inner Council" and was an advisor to the NF Generals. Solorio also was the Regimental Commander over the Monterey County Street Regiment. The evidence at trial demonstrated Solorio oversaw a prolific drug trafficking operation in Fresno, Calif. In addition to convicting Solorio of Racketeering Conspiracy, the jury found Solorio responsible for the attempted murder of Matt Rocha.

In sum, all four defendants were found guilty of racketeering conspiracy, in violation of 18 U.S.C. § 1962, along with various special findings pertaining to the acts involving murder described above. The maximum statutory sentence for each defendant is life in prison. Judge Gonzalez Rogers scheduled the defendants' sentencings for Mar. 6, 2025.

The trial of these four defendants marks the culmination of the prosecution of the NF leadership in the Northern District of California. The prosecution stems from a five-year investigation by the FBI, which resulted in the indictment of 54 Nuestra Familia members and associates, including defendants both on the streets and in California state prisons. With the jury's verdict this week, the government has now obtained convictions of all 7 members of the NF's General Council, its entire senior leadership team.

This case is being prosecuted by Mari Overbeck, Leif Dautch, and Aseem Padukone of the Organized Crime Strike Force for the United States Attorney's Office for the Northern District of California. The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions), the DEA, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshal Service, with the assistance of the Santa Clara County Sheriff's Office, the Santa Clara County District Attorney's Office, and the San Jose Police Department, and with support from the Alameda County Sheriff's Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King's County Sheriff's Office, Monterey County Sheriff's Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney's Office, Santa Cruz County Sheriff's Office, Modesto Police Department, the California Department of Corrections and Rehabilitation, San Francisco Police Department, the Stanislaus County Sheriff's Department, Sunnyvale Department of Public Safety, and the FBI's Cryptanalysis and Racketeering Records Unit.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (OCDETF), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Updated October 2, 2024