-00432-JG 1-1 Fl di 08/28/ 3015.? 2 else or oc lie T. ag AFFIDAVIT I, Bryon J. Green (Affiant), do hereby depose and say: Your affiant is a United States Postal Inspector and has been so employed since October 2006. Your afliant is presently assigned at Cleveland. Ohio, to investigate prohibited mailing offenses. Your affiant has received training in the detection and investigation ol prohibited mailing offenses. Your afliant has worked U.S. Postal Service related investigations for approximately six (6) years, during which time I have been the case agent for investigations leading to prosecution in US. District Court as well as state courts. You affiant alleges that the facts contained herein show probable cause that RODNEY JOHN GAMBY have committed violations of federal narcotics laws, including but not limited to Title 21, United States Code, Section 841(a)(1), that is possession with the intent to distribute and distribution of oxycodone hydrochloride and oxymorphone hydrochloride, both Sd1edu|e ll controlled substances. Your affiant knows, from my training and experience, that Express Mail is commonly used to transport oontrolled substances because the Express Mail system provides traceability and reliable delivery, Further, the expected timeliness of Express Mail places time pressures on law enforcement agents to identify, search, and deliver these drug parcels in a timely manner. On December 11, 2012, your effiant identified U.S. Express Mail Parcel EG540652644US addressed to Nick Kaczur,-- Messenger Rd., Chagrin Falls, OH 44023 bearing a return address of Nick Kaczur, 2Messenger Rd. Chagrin Falls, OH 44023 as a suspected drug parcel. The subject parcel was sent from Las Vegas, Nevada 89101 and weighed approximately 1 pound. According to your affiant, the parcel sounded and felt like pills or candy when shaken. Case' 113-cr-00432-JG Doc #11-1 Filed: 08/28/13 2 of 5. PagelD 3 2 5. On December 11, 2012, Us. Postal Inspectors, Cuyahoge County Sheriff Deputies, and your afflant went to -- Messenger Rd. Chagrin Falls, OH 44023 and interviewed Nick Kaczur. Prior to any questioning. your afliant advised Nick Kaczur the interview was completely voluntary and he could stop answering questions anytime. Nick Kaczur advised he understood and stated he was the intended recipient of U.S. Express Mail Parcel EG540652644US, Nick Kaczur signed a consent to search form for US. Express Mail Parcel EG540652644US resulting in the identification of 319 oxycodone hydrochloride 30 mg pills. 49 oxycodone hydrochloride 15 mg pills. and 1 alprazolam pill concealed in a Gobstopper candy box. Nick Kaczur stated he placed the order for pills with his former Toledo Rockets football teammate, RODNEY JOHN GAMBY. After the order is placed by Nick Kaczur, RODNEY JOHN GAMBY flies to Las Vegas. obtains the pills. and mails them to him via US. Postal Service. Nick Kaczur stated he pays RODNEY JOHN GAMBY approximately $1 per milligram and either pays RODNEY JOHN GAMBY in person or mails RODNEY JOHN GAMBY the payment Nick Kaczur stated RODNEY JOHN GAMBY sent him three additional parcels, each containing approximately 325 Oxycodone pills. Nick Kaczur stated he had not provided payment to RODNEY JOHN GAMBY for this recent order of Oxycodone. Your affiant received video surveillance of the Las Vegas, Nevada Post office on December 10, 2012 which identities RODNEY JOHN GAMBY mailing Express Mail Parcel EG540652644US. US. Postal Service Forensic Laboratory identified five fingerprints belonging to RODNEY JOHN GAMBY on Express Mail Parcel EG54D652644US. 6. On December 13. 2012, your afliant and U.S. Postal Inspector Marc Kudley met with Nick Kaczur at the us. Postal Inspection Service Cleveland Field Office. At the direction of your affiant, Nick Kaczur conducted two recorded telephones call to RODNEY JOHN GAMBY During the met phone call Nick Kaczur advised RODNEY JOHN GAMBY that he was not available to drive money out to him in Toledo and he would overnight money to him through the Postal Service. During the second recorded phone call. Nick Kaczur advised RODNEY JOHN GAMBY that he went to the Post Office and sent him $10,000 for the package. RODNEY JOHN GAMBY 1D. 11. Case: 1:13--cr--00432--JG Doc Filed: 08/28/13 3 of 5 PageID 4 3 advised Nick Kaczur that $10,000 was not enough to pay what he owes "BlaIMessenger Rd. Chagrin Falls. OH 44023. On January 14, 2013, Nick Kaczur came into the US. Postal Inspection Service Cleveland Field Office and signed a consent to search form for Express Mail parcel EG911190863US. FBI Agent J. Kiesel and your afliant executed the consent search warrant which resulted in the identification of 362 oxycodone hydrochloride 30 mg pills, 69 oxycoclone hydrochloride 15 mg pills, and 54 amphelamineldextroamphetemine 30 mg pills, US. Postal inspection Service Forensic Lab identified nine fingerprints belonging to RODNEY JOHN GAMBY on U.S. Express Mail Parcel EG91119U883US. On January 28. 2013, your afliant interdicted U. 6. Postal Service Express Mail parcel bearing label no. EG540652658US addressed to RODNEY JOHN GAMBY, 6318 Lane-- Toledo, OH 43512 with a 12' 13. 14. Case: 1'13-cr-00432-JG Doc 1-1 Filed: 08/28/13 4 of 5. PagelD 5 4 return address of RODNEY JOHN GAMBY, 6318 Lane Toledo. OH 43612. This parcel was mailed on January 25. 2013. from the Las Vegas, Nevada Post Ofiice 39123. On January 29. 2018, your affiant obtained and executed a lederal search warrant case number for the parcel and recovered 275 oxycodone 30mg pills inside a pill bottle stuffed with a paper towel that was concealed in a magazine. The pill bottle listed the following information: Sav-on Pharmacy, Store #6032, 4800 Blue Diamond Rd, Las Vegas, NV 89139 Fill Date: 10/15/12, RODNEY JOHN GAMBY. 8956 Tomnitz Ave. Las Vegas, NV 89178 Refills: Zero by 04/14/2013 Oxycodone HCL 30mg Tablet ACTAV 00228-2678-11 Prescribed by Victor Bruce, MD 3824 S. Jones Blvd. Las Vegas, NV 89103 Your affiant knows based on training and experience that 275 oxycodone 30mg pills in one pill bottle exceeds any legitimate prescription. Your affiant knows from training and experience that shipping 275 oxycodone 30mg pills concealed by a magazine also inters that RODNEY JOHN GAMBY is aware that the oxycodone pills were obtained illegally. Through analysis of U.S. Postal Service records, your affiant identified six additional associated Express Mail parcels that were sent from Las Vegas, Nevada and delivered to the Northern District of Ohio since August 16, 2012. Over the past twelve months your affiant is aware of RODNEY JOHN GAMBY Michigan to Las Vegas, Nevada approximately two times per month. Your affiant has been made aware that each of RODNEY JOHN GAMBY's previous trips to Las Vegas, Nevada were made to illegally obtain oxycodone and anticipate RODNEY JOHN GAMBY's next trip will also be made to illegally obtain oxycodone. traveling from Dsuoit, Case: Filed: O8/28/1i5of5. Page|D#: 6 5 :13 NJ 9170 15. On August 27, 2013, RODNEY JOHN GAMBY is scheduled to fly from Detroit, Michigan to Las Vegas, Nevada on Spirit Airlines and return to Detroit, Michigan from Las Vegas, Nevada on August 31, 2013. Your affiant believes RODNEY JOHN GAMBY will be in possession of illegally obtained oxycodone based on the aforementioned events described above. 16. Based on the foregoing facts and circumstances, Affiant submits that there is probable cause to believe that RODNEY JOHN GAMBY has committed violations of federal narcotics laws. including but not limited to Title 21, United States Code, Section 841(a)(1), that is possession with the intent to distribute and distribution of oxycodone hydrochloride and o:-cymorphone hydrochloride, both Schedule II controlled substances. eafinn J. GREEN u.s. POSTAL INSPECTOR L. .174" Sworn to and subscribed before me this day of August, 2013. WILLIAM H. R. i u. s. MAGISTRATE JUD NORTHERN DISTRICT or OHIO Case: Doc 3 Filed: 09/25/13 1 of 3. Page|D 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, IN I . I - Plaintiff, . 1 2 0 v. Case No. 21 U.S.C. 841(a)(1 RODNEY JOHN GAMBY, and United State Defendant. Title 21, 843(b), United States Code COUNT 1 The Grand Jury charges: On or about December 11, 2012, in the Northern District of Ohio, Eastem Division, and elsewhere, RODNEY JOHN GAMBY did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of oxycodone, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(l) and Case: 1:13-cr-00432-JG Doc 3 Filed: 09/25/13 2 of 3. Page|D 10 COUNT 2 The Grand Jury further charges: On or about December 11, 2012, in the Northern District of Ohio, Eastem Division, and elsewhere, RODNEY JOHN GAMBY did knowingly and intentionally use a communication. facility, that is the U.S. Mail, in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of Subchapter I of Title 21 of the United States Code, specifically Possession with Intent to Distribute Oxycodone, in violation of Title 21 United States Code, Sections 841(a)(l) and in violation of Title 21, United States Code, Section 843(b). COUNT 3 The Grand Jury further charges: On or about January 8, 2013, in the Northern District of Ohio, Eastem Division, and elsewhere, RODNEY JOHN GAMBY did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of oxycodone, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(l) and COUNT 4 The Grand Jury further charges: On or about January 8, 2013, in the Northern District of Ohio, Eastem Division, and elsewhere, RODNEY JOHN GAMBY did knowingly and intentionally use a communication facility, that is the U.S. Mail, in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of Subchapter I of Title 21 of the United Case: 1:13-cr-00432-JG Doc 3 Filed: 09/25/13 3 of 3. Page|D 11 3 States Code, specifically Possession with Intent to Distribute Oxycodone, in violation of Title 21, United States Code, Sections 841(a)(1) and in violation of Title 21, United States Code, Section 843(b). . ORF BITURE The Grand Jury further charges: For the purpose of alleging forfeiture pursuant to Title 21, United States Code, Section 853, the allegations of Counts 1 and 2 are incorporated herein by reference. As a result of the foregoing offenses, defendant RODNEY JOHN GAMBY, shall forfeit to the United States any and all property constituting, or derived from, any proceeds he obtained, directly or indirectly, as the result of such violations; and any and all of his property used or intended to be used, in any marmer or part, to commit or to facilitate the commission of such violations. A TRUE BILL. Original Document--Signatures on file with the Clerk of Courts, pursuant to the E-Govemment Act of 2002.