AO

9l (Rer Il,l

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Crimrnal CoDplaint

UmrEo Srerps Drsrrucr Counr

for the
District of Columbia
United States of America

)
)
)

v.

SIRAJ ISSA
DOB: 09/'l 8/1 981 -PDID:

07

-123

Case No

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)
)

YENEWORK TEFERA ABERA

DOB: 9/2311 973-PDtO. 7 07 -1 20

Delndantls)

CRIMINAL COMPLAINT
I, Ihe complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s)

of

District

SEPTEN4BER

ol

,1

2015

841(bX1 XC)

of

in the

. the det'endant(s) violated

Columbia

Offe

Code Section

21 U.S.C. S 8a1(aX1) and

in the county

se Description

did unlawfully, knowingly and intentionally possess with the intent to distribute
a mixture and substance containing a detectable amount of
[1 -(5-FLUORO-PENTYL)l H-TNDOL-3-YL]
(2,2,3,3TETRAMETHYLCYCLOPROPYL)IVIETHANONE, also known as
XLR-1 1, a Schedule I controlled substance.

'l'his crirninal complaint is bascd on these

f'acts

SEE ATTACHED STATEMENT OF FACTS

Contintrecl on rhe attached sheet.

(:o rylai onr's sign1ture

VINCENT WITKOWSKI, Detective/MPD
Ptinted rume cud tille

Sworn to before me and signed in m5, presence

[)a1e:

09to2t2015
.ludge

City and state:

Washington, D.C

sigtlot rc

G. MICHAEL HARVEY, Magistrate Judge

Printed nane atd title

STATEMENT OF FACLi
This case arises from the joint eflbrts of the Maryland State Police, the Metropolitan Area
Drug Task Force, Horneland Securitv Investigations, and the Metropolitan Police Deparhlent.
On or about August 27, 2015, members of the Maryland State Police and Metropolitan Area
Drug Task Force were conducting proactive drug trafficking interdiction efforts at a shipping
company in Howard County. Maryland. They observed a large wooden pallet containing
numerous boxes that rvere wrapped in clear plastic wrap on the shipping floor (hereinafter the
"shipment"). The shipment was designated for delivery at a commercial storage facility in
Northwest. Washington, D.C. A police dog alerted to the potential presence of illicit substances
nhile conducting a scan of the shipment, and a melnber of the task force obtained a search
warrant to examine the shipment. The search warrant was executed, and ofllcers discovered that
the shipment contained thirteen (13) large brorvn cardboard boxes and one (1) large rvhite
cardboard box. each containing large plastic bags, rvhich in tum contained numerous black
packets labeled "Bizarro" in assorted-size packets. In your alliant's experience, "Bizarro" is a
packaging name that has been used for illegal synthetic cannabinoid products seized within the
District of Columbia on previous occasions by the Metropolitan Police Departrnent.

On or about August 28,20J5, a Metropolitan Police Department Task Force Officer

retrieved a sample packet of "Bizarro'' that was contained within the boxes. At this time one l0
gram packet of "Bizarro" was randomly removed from a box contained in the shipment
(hereinafter "shiprnent sample"). This shipment sample contained a green plant material. and
was taken to a laboratory ofthe Bureau of Customs and Border Protection 1br testing. Later that
day. the officer rvas infbrmed by the lab that preliminary screening of the shipment sample rvas
complete. indicating that the shipment sample contained a detectable amotrnt of XLR- I 1 , a
Schedule I controlled substance under iederal larv.

On September 1.2015. larv enforcement made a controlled delivery of the shipment to

storage
facilitv in Northwest, Washington. D.C. During this operation. def'endant
the
YENEWORK TEFERA ABERA drove a red and gray minivan into the parking lot of the storage
facility complex. Defendant SIRAJ ISSA was in the passenger seat. An undercover officer
approached the passenger side ofthe van. After a brief conversation, the undercover of'ficer left
the van and then returned, and del-endant ISSA signed the delivery receipt fbr the shipment.
Defendant ISSA then exited the vehicle, entered the office area of the storage complex, and
returned outside while pulling two hand carts. After removal of the shrink-wrap, detbndants
ABERA and ISSA then began loading the handcarts with the l4 boxes ol-the shipment.

At that point, both defendants then took the two hand carts into a diffbrent building of the
complex than the building originally designated on the shipping label. Law enforcement lost
sight ofthe defendants for a brief time. Within minutes, law enforcement observed defendants
ISSA and ABERA r.vithin the building. placing boxes from the two handcarts inlo storage unit
#2027. which is on the second floor of the building. Other than law enforcement, the two
defendants were the only individuals observed on the second tloor. An undercover officer then
briefly left the area. and while rvithin earshot heard the sound ofthe unit's gate closing. Within
moments, law enforcement stopped both defendants near an elevator on the second floor rvhile
they were in possession ofthe two empty hand carts.

During a search incident to arrest, a key-ring was recovered from delendant ISSA's
person. Law enforcement determined that one ofthe keys on the ring fit the lock to unit #2027
6y using it to unlock and then lock the lock rvithout opening the storage door. The unit was then
made secure. and a search warrarlt was obtained.

The search warrant lor Unit #2027 was execuled. The search revealed all l4 boxes ofthe
shipment were contained within Unit #2027. Furthermore, larv enforcement observed that one of
the boxes had been partially opened at the top, revealing packets of "Bizarro" contained rvithin.
Given that these boxes had been tully taped and closed prior to the controlled delivery. your
alfiant believes that the delendants observed the contents of the shipment before locking Unit
#2027.

In addition to the l4 boxes ofthe shipment, the search of Unit #2027 also revealed three
empty boxes within the unit. Two ofthe boxes appeared to be consistent with the boxes ofthe
shipment, inasmuch as the boxes appeared to be ofthe same kind ofgrade ofcardboard and were
similarly taped with the same colored packing tape. ln addition. on the floor of Unit #2027, law
enfbrcement discovered a printed packing Iabel with handwriting. The handwriting indicated.
among other things, a date of "312012013." the "night" shift, the word "strawberry," and a size of
"3.5g." and a quantity of"100." Based upon my training and experience. vour affiant believes
that this label refers to a previous shipment of suspected Bizarro packets of a strawberry flavor in
3.5 gram sizes, and that in combination rvith the empty boxes. this is indicia of Unit #2027
having been used for the storage of illegal synthetic cannabinoid products on at least one
previous occasion.

After arrest and upon waiving his Miranda rights, defendant ABERA spoke to law
enforcement. Among other things, defendant ABERA said that on several previous occasions
within the past two to five months, he had come to the storage facility complex and received
black trash bags from defendant ISSA, which defendant ABERA would then distribute to various
persons located at various street corners within Washington, D.C., in return for monetary
compensation from defendant ISSA. Defendant ABERA indicated that he had received up to
$200 for making a single delivery. Defendant ABERA claimed that he thought the black bags
contained hair product or other dollar store items.
The aforementioned shipment lvas subsequently inventoried by larv enforcement. That
inventory detennined that the shipment consisted of 19,247 individual Bizarro packets. Each
packet was labeled with a repofted weight. and there were two "sizes" present: 3.5 grams and l0
grams. Based on the packaging labels, the total net weight of the shipment (absent the boxes,
pallet. and other packaging) was approximately 116.498 kilograms, or approximately 265.61
pounds.

DETECTIVE VINCENT WITKOWSKI

METROPOLITAN POLICE DEPARTMENT
SWORN AND SUBSCRIBED BEFORE ME ON

THE

DAY OF SEPTEMBER.20I5

U.S. MAGIS'I'RA]'E JUDGI] G.

MI(]HALL IIARVEY