U.S. Attorney Benjamin B. Wagner announced the eight-count indictment Wednesday, May 30, after it was unsealed May 29.
Todd Becerra, 38, and Joseph Mirante, 40, both of Tracy, and Shawn Thompson, 43, of Mountain House, are among those accused of participating in an operation to grow and distribute marijuana.
The indictment alleges that Steven Ortega Sr., 50, of Byron, and Steven Ortega Jr., 25, of Discovery Bay — owners of Grower’s Choice Hydroponics stores in Tracy, at 470 W. Larch Road, and in Hayward — furnished lighting and other equipment used to grow marijuana in warehouses and homes, including residences in Tracy and one in Mountain House.
Nineteen people were arrested during a May 16 sweep. Eight people were arrested in the following days, according to a statement from Lauren Horwood of the U.S. Attorney’s Office. Warrants were issued for the arrest of the remaining five people.
All were charged with conspiracy to manufacture or distribute or intent to distribute marijuana.
On May 17, the day following the initial roundup, Anthony Winter, who identified himself as co-owner of the Tracy Grower’s Choice, said the store did not sell marijuana, seeds or any items related to the illegal growing of the plant.
Prosecutors allege that Ortega Sr. and Ortega Jr. received initial capital and a share of the harvested marijuana from growers in exchange for equipment and that they laundered proceeds from drug sales through their business.
After the marijuana was harvested, federal prosecutors allege, it was sold in large quantities, often to out-of-state drug traffickers.
While Ortega Sr. remains in custody, Ortega Jr. was released on $100,000 bail.
Mirante and Becerra are both out on $50,000 bail. Thompson is still in custody, according to Horwood.
Citing phone conversations tapped by the Drug Enforcement Administration, the indictment alleges that 36 firearms and a 37mm grenade launcher confiscated during the arrest raids were used to defend the trafficking ring’s grow houses.
“We will continue to target sophisticated interstate drug trafficking organizations that protect their operations with firearms,” Wagner said. “The use of legitimate businesses to facilitate marijuana cultivation and launder the proceeds of trafficking is a classic feature of such organizations.”
At the time of the arrests, DEA officials reportedly found 14 marijuana-growing setups in San Joaquin County and several Bay Area counties. They reported confiscating 3,606 plants, 96 pounds of processed marijuana valued at $1 million, eight vehicles, five motorcycles, five boats and about $400,000 in cash, in addition to the weapons.
Agents said they also found 17 electrical bypasses used by alleged marijuana cultivators. According to the DEA, they were used to steal electricity, as grow houses require lots of electricity to operate.
The case against the alleged traffickers is the culmination of an investigation by the DEA, the Internal Revenue Service-Criminal Investigation and other agencies in Northern California, including the Tracy Police Department.
Though the statutory penalty for the conspiracy charge is 10 years to life in prison, the actual sentences of any convicted suspects will be determined at the discretion of the court in accordance with sentencing guidelines, the DEA reported.
The next hearing will be June 21, when both the prosecution and the defense will tell the court how much evidence they need to sift through, said Lauren Horwood, spokeswoman for the Eastern District Court of California. Because of the number of defendants involved, Horwood said she thought attorneys for both sides would request more time from the judge at that hearing to review evidence before proceeding with the case.
Also, if large numbers of the population are involved in this, you've just criminalized them all. We have more people in prison for drugs than the Soviet Union had in their Gulags in the height of their repression.
The consequences of the "war on drugs" are severe for everyone, from the militarization of the police with their SWAT raids to obscene strip searches at the border on mere suspicion by the Border Patrol, to a growing enmity between the people and the police. It's not worth it, it's failed, and it needs to stop.
FULLY AGREE. But then doesn't it follow that we BAN tobacco and alcohol as well, being they harm the body, cause death disease and destruction and are addictive?
Or are ya gonna try ta rationalize that because most people speed around in their cars that we should drop traffic fines fer speedin?
Take it ta another arena closer ta home fer women. Some, like me, thank abortion is actually murder. Others don't have a problem with it so it's still legal. But let someone kill someone carrying an unborn fetus an both th mother an fetus die as a result, why is th murderer charged with a double homicide if the unborn fetus isn't considered ta be a living human? It just don't make sense. Ya simply cannot logically have it both ways without sinkin inta stupidity.
Now don't twist this inta a woman's rights or pro or anti abortion issue. I used it simply as an example ta indicate how stupid these thangs can get.
Another one. We can have a drunk driver that intentionally with forethought, as shaky as that thankin can be, get behind th wheel of a car an kill several people at a time but only get charged with somethang like manslaughter. Why? He premeditatedly decided ta drive when he knew he was drunk an could end up killin someone. Just because he didn't intentionally set out ta kill someone does it make it any less of a crime when he actually does?
Some of these drunks have been pulled over several times an received punishment fer it. Did it stop em? Now people wanna add ta somethang that's already a problem by addin pot inta th mix.
"Oh, but pot smokers are more responsible." Really? Since it's already illegal are they responsible not ta break current law simply because they don't thank it's right?
Just because one thang might be legal an th other is not, an both are harmful, does it make any logical sense ta legalize both when ya know that one is already bad enough?
Whairs th logic in makin thangs worse?
-Stealing electricity
-selling out of state (not to clubs)
-Not paying taxes
If it really has all th benefits ta humanity that people claim, an given it's a pretty easy crop ta grow, how come where it's legal it sells at th same price as it does ta people buyin it illegally off th street an still not subject ta taxes.
People carp an moan about th pharmaceuticals chargin high prices fer thair products but strangely with pot it don't seem ta have th same complaint pertainin ta th profit margin.
Do ya really thank that legalizin it is gonna make it cheaper? What's th price of a carton of cigarettes taday? An since th tars in pot are not filtered an just as dangerous if not more dangerous than frum cigarettes are ya gonna artificially raise th price of pot products like they did tobacco products ta keep yer thumb on that industry an skim off more tax monies fer our politicians ta misspend?
Nope, ta me it still seems ta be th wrong path ta be followin. We already have enough minds bein controlled by our benevolent government, I don't thank we should give it any more minds ta control usin dope or any other mind alterin substance.
Now I am shore that those bent on self destruction at th expense of others will be quick ta disagree.
Th medical benefits can all be had by those who need it without th THC high it gives ya. So if ya want it ya can have it. But no, you an th rest of th folks on th planet are really only interested in th high which is why most of th fokes fer legalization of pot want it.
Tell ya what. Make it legal but make it illegal ta have any of it that has any amount of THC in it an I will support it.
If ya wanna loose more of yer rights an personal privacy, legalize it. If ya wanna see th price skyrocket through th roof as th monopolies get set up, legalize it. Do ya actually thank it's gonna make things better ta legalize it? An if ya decimalize it an make it easier ta get do ya actually thank that more accidents of the DUI nature are gonna go down?
Substance abuse ta escape reality just ain't a good idea regardless if it's coffee, cigarettes, alcohol or wacky tabacci. Fer supervised medical purposes it's a different story. For idle recreational use, which lets be honest that's what most people use it for, it's dangerous. Not just fer th society whair it's bein used but fer th individual as well that feels he or she needs ta escape frum reality an mentally zone themselves inta tranquility while physically destroyin thair bodies.
An don't get me wrong, if ya wanna destroy yerself that's yer business. Just don't take some innocent individual with ya or expect me ta foot th bill fer yer errors in judgment be they legal or medical. Yer rights of freedom end when they start ta impinge on th rights of others.
If someone wants to light up a doobie, what's it to you? You want to live your neighbor's life for them? You call it substance abuse. The ancient Persians called it divine inspiration. The truth is somewhere in between, most likely. And as for the intent for which a person does this, why in h*ll is that your business? Are you g-d? Yet does not G-d allow people to have free will and freedom of choice?
By your reasoning, I should be able to have you arrested because you do something I consider unhealthy, such as eating too much, or the wrong things or taking prescription drugs that I object to. Perhaps even writing opinions in a newspaper that sometimes make me ill. You don't have a right to make me ill.
Can I suggest that both you and the government just butt out of our lives? Mind your own business.
Being illegal, kids won't have access as much as they do now. They can still get it, the hard way.
Legalize it, would be easier for them(Kids) to acquire it.
These indoor operations and the clubs took an originally good idea and corrupted it. Went for the profits. At all cost. Taking electricity to run their operations, We are talking LARGE amounts of electricity, Then, we find guns, then(In some cases), Other illegal drugs.
That was not the deal.
Feds said they would not enforce federal law if they played by the rules in California.
They did not play by the rules and began starting a war of sorts with outdoor growers. Clubs would not buy from outdoor growers.
Indoor growers can't make a profit unless they tap in before the meter. Clubs know this. Therefore, It became a monopoly.
The price went up dramatically and the clubs turned it into a circus event.
That was not the deal.
Greed.
- it is much less expensive than pharma drugs and has less side effects
- it does not cause death or disease like tobacco and alcohol does
- drunk drivers kill and get killed daily compared to those who smoke a joint
- if the government were sincere about treating it as a drug for its addictive qualities, they would and should ban tobacco and alcohol too, which are much more injurious, deadly, and costly.
Marijuana is as harmful as tobacco or alcohol, which are legal.
Just legalize it.