D.Mass.: Being leader of a DTO can show nexus

Mere membership in a conspiracy of a drug trafficking organization does not show nexus to that conspirator’s home. Being the leader, however, does. United States v. Mubarak, 2022 U.S. Dist. LEXIS 133244 (D. Mass. July 27, 2022):

The Affidavit, however, did present enough other evidence to connect the criminal activity with the Everett apartment. First, the facts offered in the Affidavit supported the conclusion that Mubarak “held the top position in an active, violent, and highly profitable [drug trafficking organization] that had amassed—and continued to amass—wealth[,]” [ECF No. 109 at 2]; Mubarak himself described the Organization as a “machine” or “system” that required recordkeeping to track payment and non-payment, [Kenny Affidavit ¶ 31; ECF No. 109 at 10]; and, Mubarak, in a recorded meeting, referenced “books,” thus confirming the likely existence of ledgers that would be among the closely guarded items in his home, [Kenny Affidavit ¶ 32; ECF No. 109 at 10 n.10]. Second, and importantly, the Affidavit also referenced total cash deposits well in excess of any legitimately earned income that were deposited at ATMs near the Everett apartment and in amounts of under $10,000, suggesting an intent to avoid the transaction reporting requirements and also evidencing the likely storage of those cash proceeds at the apartment. [Kenny Affidavit ¶¶ 98-102]. Third, Mubarak’s November 2017 statement about guarding his drugs—albeit vague—does further evidence the probability that there would be evidence of the crimes in his home. See [id. ¶ 70]. This statement, coupled with the fact that the Everett apartment is his primary residence and thus the location most likely to house evidence, along with the cash transactions and suspicious ATM activity near the Everett apartment was sufficient additional support to supplement Agent Kenny’s testimony and provide probable cause for the search of that location.