United States v. MAXIMO NUNEZ, No. 1:23-cr-00673, Southern District of New York (Nov. 9, 2023) — Complaint
raw: United States v. MAXIMO NUNEZ
United States v. MAXIMO NUNEZ, No. 1:23-cr-00673 (S.D.N.Y. Nov. 9, 2023)
summary
Maximo Nunez has been charged with conspiracy and theft of government property for stealing construction utility vehicles from NYCHA facilities.
paragraph
Maximo Nunez faces charges of conspiracy and theft of government property under 18 U.S.C. §§ 371 and 641. The complaint alleges the theft of construction utility vehicles from HUD-funded NYCHA facilities, with individual vehicles valued between $20,000 and $60,000. Total losses from the theft of these vehicles are estimated to reach several hundred thousand dollars.
narrative
Maximo Nunez has been charged in the Southern District of New York with conspiracy to commit theft of government property and theft of government property. Between January 2021 and September 2022, Nunez allegedly participated in the theft of construction utility vehicles, such as John Deere Gators and Bobcat Toolcats, from NYCHA facilities. Specific thefts occurred at the Rangel, Clinton, and Isaacs Houses. These vehicles, which retail for approximately $20,000 to $60,000 each, were stolen from federally funded sites supported by HUD. Investigators believe the perpetrators used vehicles like a distinctive flatbed truck and a rented blue pickup to carry out the crimes. The total value of the stolen equipment is estimated to be several hundred thousand dollars. The complaint details that the stolen property was intended to be sold to customers unaware of the theft.
Classified non-corporate(confidence 95%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Statutes
Title 18, United States Code, Section 641
Parties
United States of AmericaMAXIMO NUNEZ
Keywords
utility vehicle-utilityvehicle-aboutenforcement officersnunezvehicle- stolenlawenforcementflatbed trucknewstolensurveillance videoutility vehicletruck
Extracted insights
Entities 6
- person David Fusco ×2
- person Maximo Nunez ×2
- person Jackie Delligatti
- agency New York City Housing Authority
- agency United States Attorney’s Office For The Southern District Of New York
- agency United States Department Of Housing And Urban Development
Triples 7
- Maximo Nunez conspired to commit theft of government property
- Maximo Nunez embezzled property of the United States Department of Housing and Urban Development
- Maximo Nunez stole construction utility vehicle from the Rangel Houses
- Maximo Nunez stole construction utility vehicle from the Clinton Houses
- Maximo Nunez stole construction utility vehicle from the Isaacs Houses
- Maximo Nunez stole construction equipment utility vehicles from New York City Housing Authority facilities
- David Fusco is Special Agent with the United States Attorney’s Office for the Southern District of New York
Text layers
Extracted body text (8,653c)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA INDICTMENT
V. 23 Cr.
JYSHUN TROWER,
a/k/a "JD," and
STIVEN ARTURO MARTINEZ NIN,
Defendants.
23 CR1M 673
COUNT ONE
(Unlicensed Firearms Dealing)
The Grand Jury charges:
1. From at least in or about June 5, 2023, through at least in or about September 29,
2023 , in the Southern District of New York and elsewhere, JYSHUN TROWER, the defendant,
not being a licensed importer, licensed manufacturer, or licensed dealer of firearms within the
meaning of Chapter 44, Title 18, United States Code, willfully engaged in the business of dealing
in firearms, and in the course of such business shipped, transported, and received a firearm in
interstate and foreign commerce, and aided and abetted the same, to wit, TROWER illegally sold
firearms in Manhattan, New York.
(Title 18, United States Code, Sections 922(a)(l)(A) and 2.)
COUNT TWO
(Interstate Transportation and Distribution of Firearms)
The Grand Jury further charges:
2. From at least on or about June 5, 2023, through at least in or about September 29,
2023 , in the Southern District of New York and elsewhere, JYSHUN TROWER, the defendant,
not being a licensed importer, licensed manufacturer, licensed dealer, or licensed collector of
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firearms within the meaning of Chapter 44, Title 18, United States Code, willfully transferred,
sold, traded, gave, transported, and delivered a firearm to another individual, said person not being
a licensed importer, licensed manufacturer, licensed dealer, or licensed collector of firearms within
the meaning of Chapter 44, Title 18, United States Code, and knowing and with reasonable cause
to believe that said person was not then residing in Virginia, the State in which the defendant was
then residing, to wit, TROWER resided in Virginia and traveled to Manhattan, New York, where
he sold firearms.
(Title 18, United States Code, Sections 922(a)(5) and 2.)
COUNT THREE
(Conspiracy to Distribute Narcotics)
The Grand Jury further charges:
3. From at least on or about November 16, 2023 , through on or about December 14,
2023, in the Southern District of New York and elsewhere, JYSHUN TROWER and STIVEN
ARTURO MARTINEZ NIN, the defendants, and others known and unknown, intentionally and
knowingly combined, conspired, confederated, and agreed together and with each other to violate
the narcotics laws of the United States.
4. It was a part and an object of the conspiracy that JYSHUN TROWER and STIVEN
ARTURO MARTINEZ NIN, the defendants, and others known and unknown, would and did
distribute and possess with intent to distribute a controlled substance, in violation of Title 21,
United States Code, Section 841(a)(l).
5. The controlled substance that JYSHUN TROWER and STIVEN ARTURO
MARTINEZ NIN, the defendants, conspired to distribute and possess with intent to distribute was:
(i) 400 grams and more of mixtures and substances containing a detectable amount of fentanyl,
and (ii) 100 grams and more of mixtures and substances containing a detectable amount of para-
2
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fluorofentanyl , a fentanyl analogue, m violation of Title 21, United States Code, Section
841 (b )(1 )(A).
(Title 21 , United States Code, Sections 846, 841(a)(l), and 841(b)(l)(A).)
COUNT FOUR
(Firearms Use)
The Grand Jury further charges:
6. On or about December 14, 2023 , in the Southern District of New York and
elsewhere, JYSHUN TROWER, the defendant, during and in relation to a drug trafficking crime
for which he may be prosecuted in a court of the United States, namely, the drug trafficking crime
charged in Count Three of this Indictment, knowingly used and carried a firearm, and in
furtherance of such crime, possessed a firearm, and aided and abetted the use, carrying, and
possession of a firearm.
(Title 18, United States Code, Sections 924( c)(1 )(A)(i) and 2.)
COUNT FIVE
(Attempted Transfer of a Firearm for use in a Felony or Drug Trafficking Crime)
The Grand Jury further charges:
7. On or about December 14, 2023, in the Southern District of New York and
elsewhere, JYSHUN TROWER, the defendant, knowingly transferred a firearm, and attempted to
do the same, knowing and with reasonable cause to believe that the fuearm would be used to
commit a felony and a drug trafficking crime, to wit, JYSHUN TROWER sold and attempted to
sell numerous firearms, including with large capacity magazines, along with fentanyl, to a
purchaser in the Manhattan, New York.
(Title 18, United States Code, Sections 924(h) and 2.)
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FORFEITURE ALLEGATION
8. As a result of committing the offense alleged in Counts One, Two, Four, and Five
of this Indictment, JYSHUN TROWER, the defendant, shall forfeit to the United States, pursuant
to Title 18, United States Code, Section 924( d)(l) and Title 28 United States Code, Section
2461(c), any and all firearms and ammunition involved in or used in or intended to be used in said
offense, including but not limited to:
a. 45 caliber rifle, serial number 4506575
b. 9mm Glock pistol, serial number AZWl 95US
c. 9mm Smith & Wesson pistol, serial number PJN5949
d. 9mm Smith & Wesson pistol, serial number HXJ7545
e. 9mm Taurus pistol, serial number TNI88096
9. As a result of committing the offense alleged in Count Three of this Indictment,
JYSHUN TROWER and STIVEN ARTURO MARTINEZ NIN, the defendant, shall forfeit to the
United States, pursuant to Title 21, United States Code, Section 853, any and all property
constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of said
offense and any and all property used, or intended to be used, in any manner or part, to commit, or
to facilitate the commission of, said offense, including but not limited to a sum of money in United
States currency representing the amount of proceeds traceable to the commission of said offense.
Substitute Assets Provision
10. If any of the above-described forfeitable property, as a result of any act or omission
of the defendant:
a. cannot be located upon the exercise of due diligence;
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b. has been transferred or sold to, or deposited with, a third person;
c. has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be subdivided
without difficulty;
it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p) and
Title 28, United States Code, Section 2461(c), to seek forfeiture of any other property of the
defendant up to the value of the above forfeitable property.
(Title 18, United States Code, Section 924;
Title 21, United States Code, Section 853; and
Title 28, United States Code, Section 2461.)
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F DAMIAN WILLIAMS
United States Attorney
5OCR text (8,988c · gpumon-ocr-api · 90% conf)
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Case 1:23-cr-00673-DLC Document 7 Filed 12/19/23 Page 1 of 5
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA INDICTMENT
V. 23 Cr.
JYSHUN TROWER,
a/k/a "JD," and
STIVEN ARTURO MARTINEZ NIN,
Defendants.
23 CR1M 673
COUNT ONE
(Unlicensed Firearms Dealing)
The Grand Jury charges:
1. From at least in or about June 5, 2023, through at least in or about September 29,
2023 , in the Southern District of New York and elsewhere, JYSHUN TROWER, the defendant,
not being a licensed importer, licensed manufacturer, or licensed dealer of firearms within the
meaning of Chapter 44, Title 18, United States Code, willfully engaged in the business of dealing
in firearms, and in the course of such business shipped, transported, and received a firearm in
interstate and foreign commerce, and aided and abetted the same, to wit, TROWER illegally sold
firearms in Manhattan, New York.
(Title 18, United States Code, Sections 922(a)(l)(A) and 2.)
COUNT TWO
(Interstate Transportation and Distribution of Firearms)
The Grand Jury further charges:
2. From at least on or about June 5, 2023, through at least in or about September 29,
2023 , in the Southern District of New York and elsewhere, JYSHUN TROWER, the defendant,
not being a licensed importer, licensed manufacturer, licensed dealer, or licensed collector of
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Case 1:23-cr-00673-DLC Document 7 Filed 12/19/23 Page 2 of 5
'
firearms within the meaning of Chapter 44, Title 18, United States Code, willfully transferred,
sold, traded, gave, transported, and delivered a firearm to another individual, said person not being
a licensed importer, licensed manufacturer, licensed dealer, or licensed collector of firearms within
the meaning of Chapter 44, Title 18, United States Code, and knowing and with reasonable cause
to believe that said person was not then residing in Virginia, the State in which the defendant was
then residing, to wit, TROWER resided in Virginia and traveled to Manhattan, New York, where
he sold firearms.
(Title 18, United States Code, Sections 922(a)(5) and 2.)
COUNT THREE
(Conspiracy to Distribute Narcotics)
The Grand Jury further charges:
3. From at least on or about November 16, 2023 , through on or about December 14,
2023, in the Southern District of New York and elsewhere, JYSHUN TROWER and STIVEN
ARTURO MARTINEZ NIN, the defendants, and others known and unknown, intentionally and
knowingly combined, conspired, confederated, and agreed together and with each other to violate
the narcotics laws of the United States.
4. It was a part and an object of the conspiracy that JYSHUN TROWER and STIVEN
ARTURO MARTINEZ NIN, the defendants, and others known and unknown, would and did
distribute and possess with intent to distribute a controlled substance, in violation of Title 21,
United States Code, Section 841(a)(l).
5. The controlled substance that JYSHUN TROWER and STIVEN ARTURO
MARTINEZ NIN, the defendants, conspired to distribute and possess with intent to distribute was:
(i) 400 grams and more of mixtures and substances containing a detectable amount of fentanyl,
and (ii) 100 grams and more of mixtures and substances containing a detectable amount of para-
2
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Case 1:23-cr-00673-DLC Document 7 Filed 12/19/23 Page 3 of 5
fluorofentanyl , a fentanyl analogue, m violation of Title 21, United States Code, Section
841 (b )(1 )(A).
(Title 21 , United States Code, Sections 846, 841(a)(l), and 841(b)(l)(A).)
COUNT FOUR
(Firearms Use)
The Grand Jury further charges:
6. On or about December 14, 2023 , in the Southern District of New York and
elsewhere, JYSHUN TROWER, the defendant, during and in relation to a drug trafficking crime
for which he may be prosecuted in a court of the United States, namely, the drug trafficking crime
charged in Count Three of this Indictment, knowingly used and carried a firearm, and in
furtherance of such crime, possessed a firearm, and aided and abetted the use, carrying, and
possession of a firearm.
(Title 18, United States Code, Sections 924( c)(1 )(A)(i) and 2.)
COUNT FIVE
(Attempted Transfer of a Firearm for use in a Felony or Drug Trafficking Crime)
The Grand Jury further charges:
7. On or about December 14, 2023, in the Southern District of New York and
elsewhere, JYSHUN TROWER, the defendant, knowingly transferred a firearm, and attempted to
do the same, knowing and with reasonable cause to believe that the fuearm would be used to
commit a felony and a drug trafficking crime, to wit, JYSHUN TROWER sold and attempted to
sell numerous firearms, including with large capacity magazines, along with fentanyl, to a
purchaser in the Manhattan, New York.
(Title 18, United States Code, Sections 924(h) and 2.)
3
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Case 1:23-cr-00673-DLC Document 7 Filed 12/19/23 Page 4 of 5
FORFEITURE ALLEGATION
8. As a result of committing the offense alleged in Counts One, Two, Four, and Five
of this Indictment, JYSHUN TROWER, the defendant, shall forfeit to the United States, pursuant
to Title 18, United States Code, Section 924( d)(l) and Title 28 United States Code, Section
2461(c), any and all firearms and ammunition involved in or used in or intended to be used in said
offense, including but not limited to:
a. 45 caliber rifle, serial number 4506575
b. 9mm Glock pistol, serial number AZWl 95US
c. 9mm Smith & Wesson pistol, serial number PJN5949
d. 9mm Smith & Wesson pistol, serial number HXJ7545
e. 9mm Taurus pistol, serial number TNI88096
9. As a result of committing the offense alleged in Count Three of this Indictment,
JYSHUN TROWER and STIVEN ARTURO MARTINEZ NIN, the defendant, shall forfeit to the
United States, pursuant to Title 21, United States Code, Section 853, any and all property
constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of said
offense and any and all property used, or intended to be used, in any manner or part, to commit, or
to facilitate the commission of, said offense, including but not limited to a sum of money in United
States currency representing the amount of proceeds traceable to the commission of said offense.
Substitute Assets Provision
10. If any of the above-described forfeitable property, as a result of any act or omission
of the defendant:
a. cannot be located upon the exercise of due diligence;
4
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Case 1:23-cr-00673-DLC Document 7 Filed 12/19/23 Page 5 of 5
b. has been transferred or sold to, or deposited with, a third person;
c. has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be subdivided
without difficulty;
it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p) and
Title 28, United States Code, Section 2461(c), to seek forfeiture of any other property of the
defendant up to the value of the above forfeitable property.
(Title 18, United States Code, Section 924;
Title 21, United States Code, Section 853; and
Title 28, United States Code, Section 2461.)
~® LJ'Jlia/Y0._
F DAMIAN WILLIAMS
United States Attorney
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