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UNITED STATES v. ANDREWS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION


November 6, 1990

UNITED STATES OF AMERICA, Plaintiff,
v.
HENRY ANDREWS, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, JEROME CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LOUIS HOOVER, J.L. HOUSTON, EUGENE HUNTER, DERRICK KEES, ISIAH KITCHEN, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, FELIX MAYES, MELVIN MAYES, WALTER POLLARD, DERRICK PORTER, NOAH ROBINSON, MICHAEL SARDIN, JAMES SPEIGHTS, ANTHONY SUMNER, FREDDIE ELWOOD SWEENEY, MELVIN TILLMAN, EDWARD WILLIAMS and RICKY DEAN WILLIAMS, Defendants

The opinion of the court was delivered by: ASPEN

MEMORANDUM OPINION AND ORDER

 MARVIN E. ASPEN, UNITED STATES DISTRICT JUDGE

 The labyrinthine 305-page, 175-count indictment in this case, nearly two inches thick and weighing almost four pounds, names thirty-eight defendants, thirty-seven of whom are alleged to have been members or associates of the El Rukns, an infamous Chicago street gang. It details a maze of well over 250 factually separate criminal acts committed from 1966 to 1989 in many different locations and, for each act, alleges the participation of varying combinations of defendants and countless unindicted co-conspirators. The government's justification for including many of these otherwise unconnected criminal events in one indictment and one trial is that each was allegedly committed to attain power, control, and wealth for the street gang.

 Defendants Jackie Clay, Harry Evans, Henry Leon Harris, Earl Hawkins, Eugene Hunter, Derrick Kees, Anthony Sumner, Freddie Elwood Sweeney, and Ricky Dean Williams have all pleaded guilty. Further guilty pleas are not anticipated. Defendants Roger Bowman, Floyd Davis, Eddie Franklin, Bernard Green, Melvin Mayes, Walter Pollard, and Edward Williams are presently fugitives and may not be apprehended in time for trial. This means that at least twenty-two defendants, but as many as twenty-nine, will be going to trial. Several defendants have filed motions to sever this indictment pursuant to Rule 8(b) or, in the alternative, Rule 14 of the Federal Rules of Criminal Procedure, and the issue before the Court is whether we should permit these 175 diverse charges to be tried in a single mega-trial of unprecedented projected duration. We believe that we should not. Therefore, for the reasons discussed below, although we deny the Rule 8(b) motions, the Rule 14 motions are granted. *fn1"

 I. Indictment

 A. Count One-RICO Conspiracy

 Count One of the indictment charges all but one of the defendants *fn2" with conspiracy to violate the Racketeering Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(d) (1988), and alleges that the El Rukn organization is a racketeering "enterprise" as defined by 18 U.S.C. § 1961(4). *fn3" It describes a cohesive organization with tightly controlled operations and a formal chain of command. As alleged, unindicted co-conspirator Jeff Fort masterminded the activities of the El Rukns and wielded ultimate and unquestioned authority. He was assisted by thirty-five defendants whom the government contends were El Rukn "generals" or "officers," the organization's second and third levels of command, respectively. The government contends that the remaining two defendants named in Count One, although not El Rukn members, were otherwise intimately associated with the organization.

 Under the direction and control of Fort, the named defendants and other unindicted co-conspirators are alleged to have conducted El Rukn affairs through the commission of an astonishing number of racketeering acts, including at least twenty murders, twelve attempted murders, eleven conspiracies to murder, one act of kidnapping, wide-scale drug trafficking, and numerous acts of obstruction of justice, including one attempt to bribe a judge and several acts of witness intimidation, retaliation, and tampering. As alleged, all of these wide-ranging and diverse offenses are connected, although at times somewhat loosely, to the affairs of the El Rukn street gang.

 B. Count Two-Substantive RICO

 Count Two charges thirty-six defendants with substantive violations of RICO under 18 U.S.C. § 1962(c) *fn4" and recounts 128 separate acts of racketeering, many of which are also alleged in Count One. *fn5" The number of racketeering acts that each defendant is alleged to have committed ranges from as many as seventy for Melvin Mayes to only two for Isiah Kitchen. The nature of acts charged also varies. Some defendants are charged with numerous violent racketeering acts and only one or two narcotics-related acts, while other defendants are charged solely with narcotics-related acts.

 1. Violent Racketeering Acts

 According to the allegations in Count Two, the long string of violent racketeering acts began in May 1974, when several defendants murdered Gilbert Connors, the brother of a rival drug dealer, to prevent encroachment on the El Rukn drug trade. To facilitate a cover-up of this crime, the same defendants subsequently killed Gregory Freeman on May 22, 1974, and blamed this murder on a witness to the Connors homicide. As a result, El Rukn members were able to persuade the witness to refuse to testify and the charges in both the Connors and Freeman murder cases were subsequently dropped.

 Other murders were committed to enforce and enhance Jeff Fort's control over the El Rukns. Fort ordered El Rukn members, including several defendants, to kill disloyal members and former El Rukn leaders, including Willie McLilly, Roy Love, and Mickey Cogwell. McLilly and Love were killed on November 29, 1974, and Cogwell was killed on February 25, 1977.

 The El Rukns also went to extreme lengths to protect its members from criminal prosecution. In August 1977, eighteen defendants conspired to kill Audrina Thomas to prevent her from testifying against two El Rukn generals charged with murder. Then, in a case of mistaken identity, Thomas' sister, Rowena James, was shot and killed on September 1, 1977. In January of 1987, four defendants and other El Rukn members kidnapped Patricia McKinley in an attempt to prevent her from testifying against an El Rukn general charged with the murder of Maurice Coleman.

 The El Rukns committed a slew of other murders and attempted murders related to narcotics activity. On March 12, 1980, pursuant to Fort's order, two defendants killed Douglas Ellison because of a dispute involving a narcotics debt. Three months later, eight defendants conspired to murder Lemont Timberlake because he failed to accede to demands to stop dealing narcotics in El Rukn-controlled territory. This plan was carried out on June 17, 1980, when Timberlake was shot and killed in a vacant lot on the south side of Chicago.

 From about April 1981 to January 1983, as a result of a drug territorial dispute, twenty-three defendants conspired to kill the top leaders and members of the Titanic Stones, a rival gang, including Eugene Hairston, George Thomas, Barnett Hall, Ray East, Robert East, and Willie Bibbs. During that same time period, Willie Bibbs and Barnett Hall were killed and George Thomas was the target of an attempted murder. In the course of the Thomas attempt, on January 23, 1983, five defendants and other gang members killed Charmaine Nathan and shot and attempted to kill Sheila Jackson.

 In April 1985, as a result of another drug territorial dispute with a rival gang, twenty-three defendants conspired to kill various members of the King Cobra street gang. In furtherance of this conspiracy, during the last week of April, teams of El Rukns cruised the streets of Chicago in efforts to locate and murder King Cobra members. During this time, several defendants and other El Rukn members murdered Robert Jackson, Rico Chalmers, Glendon McKinley, and Vicki Nolden and attempted to murder Theotis Clark and Andre Chalmers. McKinley and Nolden were innocent bystanders swept up in the wave of violence.

 The El Rukns committed other murders and attempted murders as a result of separate drug territorial disputes. On January 7, 1982, Bruce Davis, a rival drug dealer, and his wife Sheila were each shot about six times because Davis had ignored warnings to discontinue narcotics sales in an El Rukn-controlled territory. On February 13, 1983, another rival drug dealer, Chalmers Tyler, was killed under similar circumstances. In a third incident, on April 28, 1984, the El Rukns killed Jerome Smith and Talman Hickman. Smith, the leader of a rival gang, had ignored similar warnings regarding narcotics sales in El Rukn-controlled territory.

 The El Rukns also murdered and attempted to murder rival gang members in retaliation for shootings of El Rukn members. Fort ordered the murders of Melvin and Jerry Ewing in retaliation for the 1981 murder of Carl Taylor, a former El Rukn general. El Rukn defendants subsequently shot and attempted to murder Jerry Little and Phillip Steele on February 23, 1983, in the mistaken belief that they were the Ewing brothers. Later that year, on June 21, in a conspiracy involving nineteen defendants, Ronald Bell was murdered in retaliation for his earlier attempt to murder El Rukn Thomas Pearson.

 During 1985 and 1986, the El Rukns conspired to and committed interstate murder-for-hire on behalf of defendant Noah Robinson. Robinson hired the El Rukns to murder Robert Aulston, a former business partner with whom Robinson was having a legal dispute. In exchange for $ 10,000, several defendants travelled to Texas and attempted to murder Aulston in November 1985. Approximately one month later, Robinson again solicited the El Rukns to commit murder. This time the target was Leroy Barber, for whose murder Robinson was willing to pay $ 10,000. At the direction of Fort, two groups of defendants travelled to Greenville, South Carolina in attempts to locate and kill Barber. Then, on January 3, 1985, one of these groups found Barber and murdered him. Nearly two years later, in response to a grand jury investigation of this murder, Robinson hired defendant Sweeney to murder Janice Denise Rosemond, a grand jury witness who had been an eyewitness to the Barber murder. On December 4, 1987, in consideration for $ 5,000, Sweeney stabbed and attempted to murder Rosemond.

 In other efforts to cover up the Barber murder, Robinson and other defendants attempted to prevent defendant Harris from cooperating with authorities and providing details of the murder and other El Rukn affairs. On September 30, 1987, Robinson offered to pay Harris $ 15,000 to provide false information to the authorities concerning Robinson's involvement in the Barber murder and El Rukn drug trafficking. Later, on October 9, 1987, two defendants, along with other El Rukn members, fired shots into an establishment called Hank's Fun House Tap in Milwaukee, Wisconsin, which was owned by Harris' father, in order to intimidate Harris and prevent him from providing information to the authorities. Less than a year later, on two separate occasions in July 1988, Robinson solicited other defendants to murder Harris. Later that same month, in a final effort to persuade Harris to remain silent, Robinson offered to pay Harris to leave the country.

 2. Non-Violent Racketeering Acts

 Count Two alleges ninety-seven additional racketeering acts which, with one exception, are narcotics-related offenses. The only exception, designated Racketeering Act 128, charges defendants Melvin Mayes and Alan Knox with using the telephone to facilitate the acquisition of an M-72 series Light Anti-Tank Weapon, commonly referred to as a LAW rocket, in violation of 18 U.S.C. § 1952(a)(3) (1988). The narcotics-related offenses alleged in Count Two include the possession and distribution of narcotics in violation of 21 U.S.C. § 841(a)(1) (1988), the use of a communication facility to further various narcotics offenses in violation of 21 U.S.C. § 843(b) (1988), and interstate travel with intent to further narcotics offenses in violation of 18 U.S.C. § 1952 (1988). A significant majority of these offenses each involve only one or two defendants. Notably, however, Racketeering Act 31 charges thirty-seven defendants with a narcotics conspiracy in violation of 21 U.S.C. § 846 (1988).

 C. Count Three-Narcotics Conspiracy

 Racketeering Act 31 is repeated as a separate "substantive" offense in Count Three. This Count describes a conspiracy to possess with intent to distribute, and to distribute, multi-kilogram quantities of heroin and cocaine, hundreds of pounds of marijuana, thousands of amphetamine pills, thousands of Talwin and Triplenamin pills, multi-liter quantities of codeine syrup, and large quantities of Phencyclidine (PCP). The government contends that, on a regular basis during the course of this conspiracy, from 1966 to 1989, various defendants purchased narcotics from sources in at least seven states, including Florida, South Carolina, Mississippi, New York, Wisconsin, Illinois, and Michigan. The government further contends that narcotics the defendants sold narcotics from numerous El Rukn-controlled buildings and territories throughout the Illinois cities of Chicago, Evanston, Skokie, and Harvey, and also from Milwaukee, Wisconsin.

 D. The Other Counts

 With the exception of Counts One Hundred Sixty-Nine through One Hundred Seventy-Four, which charge certain defendants with firearms offenses in violation of 18 U.S.C. §§ 2, 844(d), 924(c), 922(g)(1), and 18 U.S.C. App. 1202(a)(1) (1988), the other 172 counts of the indictment reallege selected acts of racketeering from Count Two as corresponding "substantive" criminal violations. The large majority of the acts realleged are the narcotics-related offenses. Only fourteen of the remaining substantive counts correspond to violent racketeering acts, and these represent only a small portion of the violent crimes alleged in Count Two. Counts Four through Seven correspond to the King Cobra conspiracy and the related murders and attempted murders. Counts Eight through Sixteen correspond to the crimes connected to Robinson, including the attempted murder of Robert Aulston, the murder of Leroy Barber, and the related acts of witness tampering. The last violent substantive count and the final count in the indictment is Count One Hundred Seventy-Five, which corresponds to the McKinley kidnapping.

 II. Severance Discussion

 Numerous defendants have filed motions to sever this indictment claiming that they are improperly joined pursuant to Rule 8(b), or, in the alternative, that joinder is unduly prejudicial pursuant to Rule 14. We will discuss these motions in turn.

 A. Rule 8(b)

 Rule 8(b) permits joinder of an unlimited number of defendants "if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses." Fed. R. Crim. P. 8(b). In determining whether joinder is proper under this Rule, a court must look to the face of the indictment. United States v. Bruun, 809 F.2d 397, 406 (7th Cir. 1987); United States v. Velasquez, 772 F.2d 1348, 1354 (7th Cir. 1985), cert. denied, 475 U.S. 1021, 106 S. Ct. 1211, 89 L. Ed. 2d 323 (1986). If the indictment alleges a conspiracy, it is well established that all members of that conspiracy are properly joined. United States v. Garner, 837 F.2d 1404, 1412 (7th Cir. 1987), cert. denied, 486 U.S. 1035, 108 S. Ct. 2022, 100 L. Ed. 2d 608 (1988); United States v. Dounias, 777 F.2d 346, 348 (7th Cir. 1985).

 Although the defendants agree with this settled principal, they nonetheless argue that they are improperly joined. Relying on Kotteakos v. United States, 328 U.S. 750, 66 S. Ct. 1239, 90 L. Ed. 1557 (1946), they argue that the indictment fails to satisfy Rule 8(b) because it alleges multiple distinct conspiracies, including separate conspiracies to murder, obstruct justice, and distribute narcotics. In Kotteakos, the Supreme Court reversed the convictions of the petitioners where the evidence established at least eight separate conspiracies connected only by a common participant. Id. at 773, 66 S. Ct. at 1252. The Court stated that a defendant has a right "not to be tried en masse for the conglomeration of distinct and separate offenses committed by others . . . ." Id. at 775, 66 S. Ct. at 1253. Thus, according to the defendants here, Kotteakos requires a finding that they are improperly joined.

 While their characterization of the indictment is correct, the defendants are wrong that the allegation of separate conspiracies renders joinder improper under Rule 8(b). With the advent of RICO, Congress significantly broadened the scope of the government's authority to bring defendants together in one indictment. It conferred this broad authority without eviscerating the principals set forth in Kotteakos or "radically alter[ing] traditional conspiracy doctrine. . . ." United States v. Riccobene, 709 F.2d 214, 224 (3d Cir.), cert. denied, 464 U.S. 849, 104 S. Ct. 157, 78 L. Ed. 2d 145 (1983). Instead, Congress simply outlawed a particular conspiratorial agreement, the object of which could include the commission of a wide array of separate and distinct offenses. Section 1962(d) of the RICO statute proscribes agreements "to conduct or participate in the affairs of an enterprise through a pattern of racketeering activity." United States v. Neapolitan, 791 F.2d 489, 498 (7th Cir.), cert. denied, 479 U.S. 940, 107 S. Ct. 422, 93 L. Ed. 2d 372 (1986). A single "pattern of racketeering activity" can include numerous distinct conspiracies. Riccobene, 709 F.2d at 224-25; United States v. Sutherland, 656 F.2d 1181, 1192 (5th Cir. 1981), cert. denied, 455 U.S. 949, 102 S. Ct. 1451, 71 L. Ed. 2d 663 (1982). Consequently, "a series of agreements that under pre-RICO law would constitute multiple conspiracies could under RICO be tried as a single 'enterprise' conspiracy" in violation of § 1962(d). *fn6" Sutherland, 656 F.2d at 1192; see also Neapolitan, 791 F.2d at 496 n. 3, 501; Riccobene, 709 F.2d at 224-25; United States v. Castellano, 610 F. Supp. 1359, 1396 (S.D.N.Y. 1985); cf. United States v. Napue, 834 F.2d 1311, 1332 (7th Cir. 1987) (if separate agreements "represent stages or different functions to be performed in the formulation of a larger scheme, the object of which is to effectuate a single unlawful result, then there is a single conspiracy"). Therefore, consistent with the rationale of Kotteakos, the defendants in this case are properly joined because they are each alleged members of a single and unifying RICO conspiracy. The separate and distinct underlying conspiracies are simply part of the "same series of acts or transactions constituting [this] offense . . . ." Fed. R. Crim. P. 8(b).

 Some defendants argue in the alternative that joinder is improper because the indictment charges certain defendants with substantially more conspiratorial activity than others. *fn7" This argument has no merit. According to the Seventh Circuit in United States v. Whaley :

 

Various people knowingly joining together in furtherance of a common design or purpose constitute a single conspiracy. While the conspiracy may have a small group of core conspirators, other parties who knowingly participate with these core conspirators and others to achieve a common goal may be members of an overall conspiracy.

 830 F.2d 1469, 1474 (7th Cir. 1987) (quoting United States v. Varelli, 407 F.2d 735, 742 (7th Cir. 1969), cert. denied, 405 U.S. 1040, 92 S. Ct. 1311, 31 L. Ed. 2d 581 (1972)), cert. denied, 486 U.S. 1009, 108 S. Ct. 1738, 100 L. Ed. 2d 202 (1988). Moreover, mere ignorance of the identities of all of the conspirators or of all the details of the conspiracy is immaterial. United States v. Fitzgerald, 579 F.2d 1014, 1018 (7th Cir.), cert. denied, 439 U.S. 1002, 99 S. Ct. 610, 58 L. Ed. 2d 677 (1978); United States v. Arvanitis, 676 F. Supp. 840, 844 (N.D. III. 1987), aff'd sub nom. United States v. Gaitanis, 902 F.2d 37 (7th Cir. 1990). Thus, regardless of the alleged extent of any one defendant's involvement, all of the defendants in this case are properly joined for purposes of Rule 8(b) because they each allegedly agreed to the "overall objective," namely to conduct or participate in the affairs of the so called "El Rukn Nation" through a pattern of racketeering. *fn8" Indeed, the government claims that each of the moving defendants willingly held a formal leadership position, either as a "general" or "officer," and thus "operated and promoted the [racketeering] activities of the enterprise, and exercised authority over subordinate members." We conclude that these defendants are properly joined. Accordingly, their motions to sever pursuant to Rule 8(b) are denied. *fn9"

 B. Rule 14

 Having decided that the requirements of Rule 8(b) are met by the allegations in the indictment, we turn to Rule 14. As indicated above, although joinder is technically proper under Rule 8(b), Rule 14 authorizes severance if such joinder is prejudicial to the defendants. United States v. Lane, 474 U.S. 438, 447, 106 S. Ct. 725, 731, 88 L. Ed. 2d 814 (1986); Garner, 837 F.2d at 1413. According to Rule 14:

 

If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant the severance of a defendant or provide whatever relief justice requires.

 Fed. R. Crim. P. 14; see also ABA Standards for Criminal Justice, Joinder and Severance § 13-3.1(b)(1) (1980) (severance should be granted whenever it "is deemed to promote a fair determination of a defendant's guilt or innocence of each offense"). This Rule must be read against the backdrop of Rule 2, which provides that the Federal Rules of Criminal Procedure "are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay." Fed. R. Crim. P. 2.

 The District Court is given wide latitude in determining whether a Rule 14 severance is appropriate. The decision is within its "sound discretion" and "will not be overturned absent a clear showing of an abuse of that discretion." United States v. Caliendo, 910 F.2d 429, 437 (7th Cir. 1990); see also United States v. McAnderson, 914 F.2d 934 (7th Cir. 1990); United States v. Penson, 896 F.2d 1087, 1094 (7th Cir. 1990). This deference is due in part to the fact that the "balancing of the cost of conducting separate trials and the possible prejudice inherent in a single trial is best conducted by the trial court. . . ." Caliendo, 910 F.2d at 437 (quoting United States v. Moya-Gomez, 860 F.2d 706, 754 (7th Cir. 1988), cert. denied, 492 U.S. 908, 109 S. Ct. 3221, 106 L. Ed. 2d 571 (1989)). To determine if severance is appropriate in the present case, we must weigh the public interest in a joint trial of the twenty-two to twenty-nine defendants against the possibility of undue prejudice or confusion arising from such a trial. See United States v. Zanin, 831 F.2d 740, 744 (7th Cir. 1987); United States v. Rivera, 825 F.2d 152, 159 (7th Cir. 1987), cert. denied, 484 U.S. 979, 108 S. Ct. 494, 98 L. Ed. 2d 492 (1987); United States v. Pacente, 503 F.2d 543, 549 n. 8 (7th Cir.) (must balance "possible prejudice" against "inconvenience and expense to the Government, the court and the jurors"), cert. denied, 419 U.S. 1048, 95 S. Ct. 623, 42 L. Ed. 2d 642 (1974); see also 8 R. Cipes, I. Hall & M. Waxner, Moore's Federal Practice P 14.02(1), at 14-5 (2d ed. 1990).

 1. Public Interest

 a. Advantages of Joint Trial

 To strike the appropriate balance, we recognize, as we must, the oft-cited "strong public interest in having persons jointly indicted tried together, especially where the evidence against the defendants arose out of the same acts or series of acts." United States v. Turk, 870 F.2d 1304, 1306 (7th Cir. 1989) (quoting United States v. Oxford, 735 F.2d 276, 280 (7th Cir. 1984)); see also Caliendo, 910 F.2d at 437. Joint trials generally "reduce the expenditure of judicial and prosecutorial time [and] . . . the claims the criminal justice system makes on witnesses, who need not return to court for additional trials." United States v. Buljubasic, 808 F.2d 1260, 1263 (7th Cir.), cert. denied, 484 U.S. 815, 108 S. Ct. 67, 98 L. Ed. 2d 31 (1987). For this reason, joint trials are considered "an essential element of the quick administration of justice." United States v. Walters, 913 F.2d 388, 393 (7th Cir. 1990). Certainly, "if every defendant who wanted a severance was given one, the slow pace of our court system would go from a crawl to paralysis . . . ." Id.

 Joint trials are also favored because of their purported effect on the accurate determination of culpability. According to the court in Buljubasic, joint trials

 

reduce the chance that each defendant will try to create a reasonable doubt by blaming an absent colleague, even though one or the other (or both) undoubtedly committed a crime. The joint trial gives the jury the best perspective on all of the evidence and therefore increases the likelihood of a correct outcome.

 808 F.2d at 1263; see also Richardson v. Marsh, 481 U.S. 200, 208-210, 107 S. Ct. 1702, 1708, 95 L. Ed. 2d 176 (1987).

 b. Special Concerns Raised by Prospect of Joint Mega-Trial

 It has long been assumed that the advantages referred to above adequately support a strong presumption in favor of joint trials and against severance. See Caliendo, 910 F.2d at 437; see also Bruton v. United States, 391 U.S. 123, 143, 88 S. Ct. 1620, 1631, 20 L. Ed. 2d 476 (1968) (White, J., dissenting) ("unquestionably, joint trials are more economical and minimize burdens on witnesses, prosecutors, and courts" and "avoid delays in bringing those accused of crime to trial"). Thus, to prevail in a motion for severance, a defendant ordinarily "must show that she could not possibly have a fair trial without a severance." Caliendo, 910 F.2d at 437; see also United States v. Holleman, 575 F.2d 139, 142 (7th Cir. 1978) ("severance need be granted only for the most compelling reasons"); Arvanitis, 676 F. Supp. at 847. However, the recent proliferation of complex, multi-defendant trials in this district and others, prompted in large part by RICO, has raised doubts about the foundations of this onerous burden. See generally Federal Bar Council Committee on Second Circuit Courts, A Proposal Concerning Problems Created by Extremely Long Criminal Trials (1989) (hereinafter Extremely Long Criminal Trials). Some courts, when faced with a multitude of defendants indicted together under the expansive RICO umbrella, have questioned the wisdom of blindly embracing the purported advantages of a joint trial while, at the same time, disregarding the manifest difficulties presented by what is commonly called a "mega-trial." See, e.g., United States v. Mancuso, 130 F.R.D. 128, 131 (D. Nev. 1990); United States v. Gallo, 668 F. Supp. 736, 754 (E.D.N.Y. 1987).

 A careful review of these difficulties reveals a point of diminishing returns with respect to the net benefits of a joint trial as the number of defendants and complexity of the indictment increases. Accordingly, at some point, the oft-cited advantages of a joint trial are outweighed by the manifest disadvantages of a large and protracted trial. Based on this abstract supposition, the Second Circuit, in United States v. Casamento, 887 F.2d 1141, 1152 (2d Cir. 1989), cert. denied, 493 U.S. 1081, 110 S. Ct. 1138, 107 L. Ed. 2d 1043 (1990), adopted a presumption against a joint trial and for severance when faced with the prospect of a mega-trial. It counseled that in the event the estimated length of the government's case is more than four months, the prosecutor should "present a reasoned basis to support a conclusion that a joint trial of all the defendants is more consistent with the fair administration of justice than some manageable division of the case into separate trials for groups of defendants." Id. If, in addition to an estimated length of more than four months, the case involves more than ten defendants, "the prosecutor should make an especially compelling justification for a joint trial." Id.

 Although the approach of the Second Circuit is necessarily arbitrary, it is well-taken. It correctly recognizes that the broad societal disadvantages of large and protracted joint trials, some of which are referred to below, may outweigh their arguable advantages. See generally Dawson, Joint Trials of Defendants in Criminal Cases: An Analysis of Efficiencies and Prejudices, 77 Mich. L. Rev. 1379 (1979). Accordingly, a strong presumption in favor of joint trials is not justified in the context of an inordinately complex mega-trial like the one proposed here, where the principal nexus between the charges is that the defendants allegedly were associated with the same criminally-oriented gang.

 c. Disadvantages of Joint Mega-Trial

 One disadvantage, which is particularly relevant in this case, is the significant exacerbation of the public cost of providing defense counsel to each defendant. All but one of the defense attorneys currently representing a defendant in this case are being federally funded. Testimony directly implicating most of their clients is projected to last not more than a few weeks, and, for many, not more than a few days. Thus, in a single trial, most of these twenty-one to twenty-eight appointed attorneys would be compelled to sit idly for the duration of a lengthy trial where the vast majority of evidence deals solely with the criminal activities of other attorneys' clients. See United States v. Phillips, 664 F.2d 971, 1017 n. 68 (5th Cir. 1981) (defendant complains that only 120 pages of 12,000 page transcript concerned his activities), cert. denied, 457 U.S. 1136, 102 S. Ct. 2965, 73 L. Ed. 2d 1354 (1982); United States v. Morrow, 537 F.2d 120, 137 (only twenty-five pages of transcript devoted to testimony concerning defendant's activities out of a total record of "over fifty volumes"), cert. denied, 430 U.S. 956, 97 S. Ct. 1602, 51 L. Ed. 2d 806 (1977); United States v. Kelly, 349 F.2d 720, 759 (2d Cir. 1965) (defendant's name first mentioned three months into a nine-month trial and then only sporadically thereafter), cert. denied, 384 U.S. 947, 86 S. Ct. 1467, 16 L. Ed. 2d 544 (1966); see also Extremely Long Criminal Trials, at 2 (discussing unidentified case where a defendant's name was not mentioned until after six months of trial). The added expense of this idle attorney time would needlessly escalate the total public cost of providing these attorneys. Indeed, if this proposed joint trial were to last as long as projected (two years by defense counsel, one year by the Court, and five to six months by the prosecution), this added expense would be exorbitant. According to the estimates of defendant Derrick Porter *fn10" and based on the current hourly rate for court-appointed counsel of $ 40 out-of-court and $ 60 in-court, *fn11" the cost of twenty-one court-appointed attorneys for a one-year trial is at least $ 1.6 million. Here, a significant majority of this total would be wasted as compensation to defense counsel for idle time.

 Another significant disadvantage is the havoc this case would wreak upon this Court's already burdened docket. A trial of the length proposed by the government would obviously prevent this Court from fulfilling its obligations to litigants in other pending cases, both civil and criminal. We would be required to preside over just one case for an indefinite and prolonged period of time, which, in turn, would result in unconscionable delays in many of our other cases. *fn12" See Gallo, 668 F. Supp. at 755; see also Mancuso, 130 F.R.D. at 131. Moreover, the trial management tasks presented by such a case promise to be unwieldy. *fn13" A case of this nature would require the prompt attendance of dozens of persons, any one of whose absence would bring the proceedings to an abrupt halt. No day in court would be free from the ominous specter of yet another delay caused by the lateness or absence of any of the more than one hundred witnesses, eighteen jurors and alternates, twenty-two to twenty-nine defendants, twenty-two to twenty-nine defense counsel and tens of court, security, and government personnel. Additionally, the myriad of inevitable motions, objections, and sidebar discussions would in all likelihood result in further lengthy and unpredictable delays.

 A trial of the mammoth proportions advocated by the government would also place enormous personal burdens on the jurors, the defendants, defense counsel and the Court. Sitting as a juror in a case of this nature increases the normal inconvenience of jury duty to almost unacceptable proportions. To be taken away from personal and occupational endeavors for a year or more to "sit stoically and silently for hours every day, day after day," is an unconscionable disruption of a person's personal and employment life. Gallo, 668 F. Supp. at 754. This disruption would be magnified exponentially if, as is a possibility in this case, it became necessary to sequester the jury. In a lengthy, multi-defendant trial, this entire process is "draining, disorienting, exhausting, and often demoralizing." Id.; see also ABA Report, Jury Comprehension in Complex Cases 31-33 (Dec. 1989) (hereinafter Jury Comprehension). These are uniquely inordinate burdens to place upon citizens assuming the civic responsibility of jury duty. Moreover, it is unrealistic to expect that this onerous and unfair hardship will not impact adversely on the jury's proper functioning. It should be self-apparent that a juror frustrated *fn14" or hostile *fn15" because of an unduly prolonged trial will not be a fair and conscientious juror. See Extremely Long Criminal Trials, at 2 (speculating that jury's verdict acquitting each of the two dozen defendants in United States v. Accetturo, 842 F.2d 1408 (3rd Cir. 1988), after a fifteen-month trial, represented "either an angry attack on the prosecution for the length of the trial or an abdication of the jurors' responsibilities occasioned by their inability or refusal to deliberate over the enormous volume of evidence").

 The defendants themselves would also be unnecessarily burdened. At least seventeen of the twenty-two defendants currently in custody are being detained solely as a result of this indictment. The time spent in jail prior to trial has already been prolonged by the expansive discovery required and the large number *fn16" and excessive complexity of pretrial motions. These defendants, presumed innocent, are entitled to as swift a rendering of justice as the circumstances allow. Prolonged pretrial incarceration and a trial of undue length strains this right to its breaking point. Gallo, 668 F. Supp. at 754.

 The more than twenty court-appointed defense attorneys would also be deleteriously affected by a lengthy trial. It is one thing to expect urban defense attorneys with heavy overhead expenses to work at the reduced hourly rates mandated by the Criminal Justice Act *fn17" when the case's duration can be measured in weeks. It is quite another matter, however, to expect these attorneys to survive economically on these comparatively spartan hourly fees in a case anticipated to last as long as a year or two. Not only would their present earnings be diminished, but there would be long-range adverse effects on their practices due to such a lengthy full-time commitment. These severe repercussions to their professional careers would be particularly damaging in this case where most of the attorneys are sole practitioners.

 The judge's ability to rule objectively and dispassionately would also be unduly compromised. As the court in Gallo stated:

 

The grinding tension of such a long, complex case, particularly where the judge is making rulings which are continuously on the borderline of probative force and prejudice, is debilitating. . . . [Moreover, a]fter the case has been under way for some time, the judge is increasingly concerned about the possibility of a mistrial, which would require yet another extended period in tying up the court. Thus, as the trial develops, it becomes increasingly difficult for the court to view objectively the case and its evidentiary decisions without the added tension of avoiding errors that might result in a mistrial or reversal.

 Id. at 755; cf. United States v. Ianniello, 866 F.2d 540, 542, 543-44 (2d Cir. 1989) (after thirteen-month trial, case remanded for hearing regarding claims that Judge, in ex parte communications to jury, improperly admonished that there could be no hung jury).

 Thus, it is clear that a "monster" trial such as the one proposed here presents uniquely significant inefficiencies and hardships. These disadvantages far outweigh any arguable advantages of a joint trial, including the potential reduction in aggregate trial time, which in this case in any event is doubtful. See Mancuso, 130 F.R.D. at 131; Gallo, 668 F. Supp. at 756-758. Accordingly, a strong presumption in favor of a joint trial is not justified in the context of a mega-trial. Indeed, since several separate and shorter trials involving smaller groups of defendants would largely eliminate the disadvantages of such a trial, the public interest supports a strong presumption against a joint mega-trial and in favor of severance. *fn18" Casamento, 887 F.2d at 1152.

 2. Prejudice to Defendants

 A Rule 14 analysis also requires us to assess the potential prejudice of a joint trial to the defendants. Every joint trial involves some inherent degree of prejudice. United States v. Morales, 868 F.2d 1562, 1573 (11th Cir. 1989); United States v. McLaurin, 557 F.2d 1064, 1074 (5th Cir. 1977), cert. denied, 434 U.S. 1020, 98 S. Ct. 743, 54 L. Ed. 2d 767 (1978); see also Spencer v. Texas, 385 U.S. 554, 562, 87 S. Ct. 648, 653, 17 L. Ed. 2d 606 (1967) ("all joint trials . . . furnish inherent opportunities for unfairness . . ."). Ordinarily, we would consider whether the defendants have demonstrated that this prejudice outweighs the presumption in favor of a joint trial. Zanin, 831 F.2d at 744; Rivera, 825 F.2d at 159. But this is not an ordinary case. Since we have concluded the public interest weighs against a joint trial in this case, the defendants have no presumption to overcome. Indeed, in the context of this mega-trial, the scales are tipped decidedly in favor of severance. *fn19"

 The Seventh Circuit has provided some guidance in assessing the degree of prejudice presented by the prospect of a joint trial. It has identified four situations in which this prejudice may require severance under Rule 14:

 

(1) antagonistic defenses conflicting to the point of being irreconcilable and mutually exclusive; (2) massive and complex evidence making it almost impossible for the jury to separate evidence as it relates to each defendant when determining each defendant's innocence or guilt; (3) a co-defendant's statement inculpating the moving defendant; and (4) gross disparity in the weight of the evidence against defendants.

 Garner, 837 F.2d at 1413; see also United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985). Satisfaction of any one of these criteria may mandate severance. Id.

 a. " Massive and Complex Evidence "

 We will begin our discussion of possible prejudice with the Garner court's second specified concern, "massive and complex evidence," because this concern most compellingly requires severance in this instance. The necessity of severance in this context reflects the precept that we use "every safeguard to individualize each defendant in his relation to the mass." Kotteakos, 328 U.S. at 773, 66 S. Ct. at 1252. The critical question then is whether "it is within the jury's capacity . . . to follow admonitory instructions and to keep separate, collate and appraise evidence relevant only to each defendant." Oglesby, 764 F.2d at 1276; United States v. Fernandez, 892 F.2d 976, 990 (11th Cir. 1989) (question is whether jury could assess each defendant's culpability based "solely upon that defendant's own acts, statements and conduct"). In other words, is it reasonable to conclude that as a practical matter the jury will give each defendant the individual justice that the law demands? We find that it is not reasonable to so conclude.

 It is fanciful to believe that any jury would be able, or even willing, to intelligently and thoroughly deliberate over the enormous volume of evidence expected at a single trial of this action. In its present form, the trial would involve twenty-two to twenty-nine defendants accused of over 150 factually separate criminal acts spanning a period of over twenty years and involving at least twenty-five different provisions of the state and federal penal codes. The government concedes that the volume of evidence at such a trial would be "massive," and we find that solely by virtue of its volume the evidence would be equally "complex." *fn20" After this long and arduous trial, the jury would be required to sift through a virtual warehouse of evidence to determine what items were presented against which defendant and as to which criminal act. It would then be obliged to resolve a plethora of difficult factual issues and to strictly apply the detailed and complex law as provided by hundreds of pages of jury instructions. The inevitable length of such a trial dramatically increases the difficulty of this Herculean task. Both common sense and scientific study dictate that as the volume of evidence and corresponding length of trial increases, the degree and quality of jury comprehension decreases proportionately. See, e.g., Jury Comprehension, at 25, 31-32. To expect any jury to accurately recall and appraise the vast amount of detailed testimonial and documentary evidence it heard many months or even a year earlier is unrealistically optimistic.

 The difficulty of this task would be increased further by the inevitable admission of large amounts of evidence on a limited basis. While much of the anticipated evidence would be technically relevant to the RICO charges under Federal Rule of Evidence ("Evidence Rule") 401 as to all of the defendants, a large part of it would surely be excluded under Evidence Rule 403 against most of the defendants because it would be cumulative or prejudicial. *fn21" Other evidentiary rules would also compel the surgical admission of evidence against only selected defendants. With respect to co-conspirator's statements under Evidence Rule 801(d)(2)(E), for example, the evidence would be admitted on an especially complicated basis due to the multitude of conspiracies charged as subparts to the over-arching RICO conspiracy. See Gallo, 668 F. Supp. at 751. These conspiracies, as factually convoluted as any ever charged in this district, involve varying combinations of defendants, exist for differing periods of times, and involve defendants who allegedly join and leave the conspiracies at various times.

 All of this would require the jury to understand and apply a web of hundreds of complicated and intricate limiting instructions to evidence that it may barely recall in the first place. The task, akin to solving a hideously complicated puzzle, would be overwhelming. See id. at 752 (suggesting jury could not heed the "extraordinarily intricate limiting instructions" of mega-trial without aid of a computer). Although in most cases "it is within the jury's capacity to follow the trial court's limiting instruction requiring separate consideration for each defendant and the evidence admitted against him," United States v. Diaz, 876 F.2d 1344, 1358 (7th Cir. 1989), there are some cases "in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored." Bruton, 391 U.S. at 135, 88 S. Ct. at 1627. This is such a case. The sheer volume and complexity of the anticipated instructions make it impossible to ignore the limitations of the jury system. See United States v. Lane, 474 U.S. 438, 450 n. 13, 106 S. Ct. 725, 733 n. 13, 88 L. Ed. 2d 814 (1986) ("in the context of mass trials . . ., limiting instructions on evidence admissible only as to one defendant might in some circumstances be inadequate to prevent prejudice") (emphasis removed); see also Blumenthal v. United States, 332 U.S. 539, 559-60, 68 S. Ct. 248, 257-58, 92 L. Ed. 154 (1947); Gallo, 668 F. Supp. at 753. The real danger, of course, is that the jury would, in spite of all precautions, consider evidence admissible only as to some defendants in determining the culpability of others and in the process convict some defendants because of their association with the mass. Another equally unacceptable probability is that the jurors may convict or acquit some defendants as a result of their confusion in sorting out the mass of evidence, charges, and jury instructions.

 Notwithstanding the immense difficulties facing the jury that we have just charted, the government argues that the jury would not be overwhelmed by its task. The government contends that with its proposed organized presentation of the evidence and the use of various visual aids, the jury, after a trial projected to last a year or more, would be able to a make a thoughtful and considered determination of the culpability of each of the twenty-two or more defendants and be able to intelligently apply the more than twenty-five distinct provisions of the various relevant penal codes to the more than 150 separate criminal acts committed over the course of more than twenty years. This proposition strikes us as a great deal of make-believe. Unquestionably, the human mind is limited in its ability to accept, synthesize, and recall information accurately. To try this case in its present form would, at the very least, push these abilities to their uncertain limits. This places in jeopardy the most important objective of a criminal trial: accurate fact-finding. We cannot place the liberty of twenty-two or more individuals at stake under such circumstances. Thus, because there is likely to be "massive and complex evidence making it almost impossible for the jury to separate evidence as it relates to each defendant when determining each defendant's innocence or guilt," we find that severance is appropriate under Rule 14. Garner, 837 F.2d at 1413.

 b. Disparity of Evidence

 Severance is also independently appropriate in this case because of the "gross disparity in the weight of the evidence against [the] defendants." Id. A "gross disparity" in the evidence presents a danger that some defendants will suffer "spillover prejudice" due to the accumulation of evidence against other defendants. When that occurs, a defendant may suffer a transference of guilt merely due to his association with a more culpable defendant. Id. Thus, we again must consider whether it is within the jury's capacity to adhere to instructions requiring separate consideration of the evidence admitted against each defendant. *fn22" Moya-Gomez, 860 F.2d at 765. Generally, unless the disparity of evidence is unquestionably severe, courts presume that the jury will faithfully observe such instructions. See United States v. Hedman, 630 F.2d 1184, 1200 (7th Cir. 1980), cert. denied, 450 U.S. 965, 101 S. Ct. 1481, 67 L. Ed. 2d 614 (1981). In this case, however, the evidentiary disparity is unquestionably severe and, consequently, we will not presume the jury has the necessary capacity.

 At one end of the spectrum, three defendants have been charged with the commission of less than five racketeering acts under RICO. This group includes Isiah Kitchen, who is charged with only two narcotics-related acts and a separate weapons possession offense. Four other defendants are charged with only five racketeering acts. Moving along the spectrum, several other defendants are charged with twelve or more racketeering acts. Among this group is James Speights, who is accused of nineteen racketeering acts, including participation in seven murder conspiracies and one witness kidnapping. At the far end of the spectrum, Alan Knox is charged with thirty-nine racketeering acts. These acts include two murders, participation in ten murder conspiracies, and the illegal purchase of a LAW rocket with the intent to perform terrorist acts against the United States on behalf of the Libyan government. If fugitive Melvin Mayes is apprehended, the apparent disparity will be increased further because he is charged with seventy racketeering acts. Thus, it is evident from the vastly disproportionate number of criminal acts charged against these defendants that there is likely to be a "gross disparity" in the weight of the evidence presented. If the Seventh Circuit's directive to sever where there is a "gross disparity" of the evidence is to have any meaning at all, it must apply to this case.

 The government argues that even if the evidence is sufficiently disparate to warrant severance, the danger of "spillover prejudice" is mitigated in this case because in any event most of the evidence would be admissible at each of the separately severed trials. It contends that it would be entitled to offer evidence of all of the charged racketeering activity at each separate trial to prove the entire pattern of racketeering activity and the full scope of the enterprise. See United States v. Garver, 809 F.2d 1291, 1298 (7th Cir. 1987); United States v. Persico, 621 F. Supp. 842, 853 (S.D.N.Y. 1985). This argument is unpersuasive simply because all the evidence would not be admissible at the separate trials. A great deal of evidence technically admissible under Evidence Rule 401 would certainly be excluded at each severed trial because of its lack of connection to the active criminal deeds of any of the defendants at those particular trials. This exclusion is dictated by Evidence Rule 403 which mandates the exclusion of evidence whose probative value is substantially outweighed by the "danger of unfair prejudice" and by "considerations of undue delay, waste of time, or needless presentation of cumulative evidence." Fed. R. Evid. 403. Thus, because of its functional inadmissability, the technical admissability of the evidence at separate trials does not militate against severance here.

 Therefore, due to extreme evidentiary disparity, a trial in its present form unquestionably raises the specter of "spillover prejudice" and the resulting danger of "guilt by association" such that each defendant's fundamental right to an independent determination of his guilt or innocence is jeopardized. Severance is appropriate here on this ground alone.

  c. Antagonistic Defenses

 The potential for "antagonistic defenses conflicting to the point of being irreconcilable and mutually exclusive" is also an important concern in this case. Garner, 837 F.2d at 1413. Generally, severance is not required where there is a mere hostility between defenses and some finger-pointing between defendants. United States v. Turk, 870 F.2d 1304, 1306 (7th Cir. 1989); see also Buljubasic, 808 F.2d at 1263 ("finger-pointing is an acceptable cost of the joint trial and at times is even beneficial because it helps complete the picture before the trier of fact"). Severance is only required where the hostile defenses are "irreconcilable and mutually exclusive" such that the "acceptance of one defendant's defense will preclude the acquittal of the other defendant." Bruun, 809 F.2d at 407; see also Turk, 870 F.2d at 1306; United States v. Pacheco, 794 F.2d 7, 9 (1st Cir. 1986) (to require severance, antagonism must go "beyond mere fingerpointing into the realm of fundamental disagreement over core and basic facts"). While it is true, as the government points out, that no defendant has done more than speculate about the potential for this type of antagonism, we think that it is nonetheless appropriate to consider this factor.

 The sheer number of defendants to be tried makes conflicting trial strategies and a significant degree of finger-pointing a virtual certainty. This potential prejudice is compounded here because the jury may not comprehend the individual defense theories due to the mass confusion caused by twenty-two or more attorneys vigorously pursuing his or her own course while seeking his or her own client's acquittal. Moreover, if any of these separate courses became too antagonistic during the trial so as to then mandate severance, a great waste of time and judicial resources would result. Although this potential prejudice may not require severance at this initial stage, we believe that the real possibility of it eventually occurring weighs heavily in favor of severing this trial. See Gallo, 668 F. Supp. at 751.

 C. Balance Struck in Favor of Severance

 In summary, the potential prejudice against the defendants in this case and the administrative and fiscal advantages of separate trials outweigh any of the possible advantages of conducting a joint trial. Indeed, a trial of this magnitude would be appropriate in only the rarest circumstances. Nonetheless, in spite of its inherent prejudice and affront to the public interest, the mega-trial too often has been improperly tolerated and even endorsed by some participants in our judicial system.

 In the first instance, of course, the decision to bring a multitude of defendants and charges within the scope of a single indictment is within the province of the prosecutor. See United States v. Batchelder, 442 U.S. 114, 124, 99 S. Ct. 2198, 2204, 60 L. Ed. 2d 755 (1979). Some courts and commentators have urged prosecutorial restraint with regard to the use of this discretion. See, e.g., United States v. Agueci, 310 F.2d 817, 840 (2d Cir. 1962) (solution to problem of mass trials "is largely in the hand of the United States Attorney," who has initial charging discretion), cert. denied, 372 U.S. 959, 83 S. Ct. 1013, 10 L. Ed. 2d 11 (1963); 8 R. Cipes, I. Hall & M. Waxner, Moore's Federal Practice para. 8.06(2), at 8-28 (1990); Second Circuit Judicial Conference Panel Discussion on the Problems of Long Criminal Trials, 34 F.R.D. 155, 161 (1963) (comments of Judge Weinfeld). Indeed, a prosecutor has an obligation to use some measure of restraint and to consider the effect of a sizable indictment on the integrity of the resulting trial. As stated by Justice Sutherland in Berger v. United States :

 

The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.

 295 U.S. 78, 88, 55 S. Ct. 629, 633, 79 L. Ed. 1314 (1935); see also United States v. Bell, 901 F.2d 574, 578 (7th Cir. 1990) ("As an officer of the court, the [assistant United States attorney] has some responsibility to ensure, as far as may be reasonably possible, the integrity of the proceedings."); ABA Standards for Criminal Justice § 3-1.1(c) (1980) ("The duty of the prosecutor is to seek justice, not merely to convict."); cf. United States v. Foskey, 204 U.S. App. D.C. 245, 636 F.2d 517, 526 (D.C. Cir. 1980) (with respect to admissability of evidence pursuant to Evidence Rule 403, "assistant United States attorney must step back from his or her partisan role and make these determinations in an objective and fair-minded fashion before proffering the evidence"). In this case, the government demonstrated little or no concern for any such obligation when it charged thirty-eight defendants in this convoluted 175-count, 305-page indictment.

 Unfortunately, prosecutors have long been willing to bring cases of this nature despite the violence they do to the notion of a fair trial. *fn23" Indeed, prosecutors generally have demonstrated an increasing "penchant for drawing together evermore complex and extensive conspiracies into a single indictment." Kopituk, 690 F.2d at 1320; see also Extremely Long Criminal Trials, at 1. This phenomenon can be explained by the fact that prosecutors have significant incentives to bring mass indictments, not the least of which is the consequent ability to procure a large number of convictions in what they perceive to be the shortest amount of time. The regrettable truth, however, is that these incentives *fn24" carry far greater weight in the charging decision than any concern for a fair and manageable trial. It seems unlikely, then, that the recent increase in mega-trials will soon be curbed at the initiative of the prosecution.

 It is also unlikely that appellate courts will be able to offer a great deal of assistance in this regard. After a lengthy trial resulting in conviction, the denial of severance is, understandably, rarely overturned. *fn25" In the Seventh Circuit, the matter is judged by an "abuse of discretion" standard and "will be disturbed on appeal only if it results in manifest and substantial prejudice." Bruun, 809 F.2d at 407; see also United States v. Briscoe, 896 F.2d 1476, 1516 (7th Cir. 1990) (appellant has "extremely difficult burden" when challenging denial of severance); Anderson v. United Parcel Service, 915 F.2d 313, 315 (7th Cir. 1990) ("The district court's decision must strike us as fundamentally wrong for an abuse of discretion to occur."). As a practical matter, this onerous burden is to some degree more difficult to meet in the context of a mega-trial where there is a natural reluctance to render moot such a massive commitment of time and money. See 8 R. Cipes, I. Hall & M. Waxner, Moore's Federal Practice para. 8.06(2), at 8-28 (1990). Simply put, appellate courts, by virtue of their role in the judicial system, are not in a position to effectively deter the mega-trial. The resulting and almost invariably silent tolerance of such trials at the appellate level perpetuates their continued existence. But see Casamento, 887 F.2d at 1149 (court upholds results of mega-trial, but finds strong presumption against such trials).

 Thus, it seems that the trial court is the place where the tide of mega-trials must be stemmed. *fn26" It certainly has the authority to do so given its virtually unbounded discretion to grant severance in such cases. Indeed, the trial court is compelled to use this discretion to "secure simplicity in procedure, [and] fairness in administration" and, consequently, should never tolerate a trial that involves a multitude of charges against a throng of defendants. Fed. R. Crim. P. 2. The defendants' motions for severance are granted under Rule 14.

 III. Severance Plan Overview

 A. Government's Opportunity for Input

 Having determined that severance is appropriate, we next turn to the specifics of the severance plan. Because at this stage of the proceedings the government is the only party with complete knowledge of the evidence that it will present in this case, it is in the best position to suggest an efficient and effective severance plan. However, unfortunately, it has declined our previous requests to participate in the formulation of such a plan. On two separate occasions, we gave the government an opportunity to set forth a scheme to sever this unwieldy indictment. Taking guidance from the Second Circuit in Casamento, we issued an order on May 10, 1990 requesting that the government

  

propose a plan to sever this case into several trials (by defendants and/or counts) in the event the defendants' motions to sever are granted . . . [and to] consider whether the interests of justice would be adequately served by limiting the prosecution of individual defendants to charges that can be proven expeditiously and that, in the event of conviction, carry exposure to maximum penalties.

  Cf. Casamento, 887 F.2d at 1152. Again, at a pretrial conference on August 31, 1990, we requested suggestions from the government regarding an appropriate plan. Unfortunately, on both of these occasions the government refused and instead insisted that the case could only be tried as indicted. *fn27"

  B. Plan Structure

  Therefore, without input from the government, we adopt a severance plan that attempts to address the considerations discussed above and to strike a balance between other practical and competing concerns. To begin, we have sought to drastically reduce the volume of evidence against each defendant unrelated to his active participation in El Rukn affairs and his alleged crimes. At the same time, we have sought to ensure that the introduction of evidence is not so restricted as to unduly impair the government's case against any defendant or its opportunity to secure a conviction carrying significant penalties. Additionally, it is important to limit the duplication of evidence at the separate trials and, accordingly, minimize aggregate trial time and the corresponding expenditure of both public and judicial resources.

  With these considerations in mind, the defendants will be divided into five non-overlapping groups to be tried at five separate trials. While the government will be permitted to go forward at all five trials with Counts One and Two, the RICO conspiracy and substantive RICO counts respectively, it will not be permitted to try all of the racketeering acts charged in these counts at every trial. Instead, some acts will not be tried at all and the remaining acts will be divided between the five trials and, for the most part, tried only once. Of course, non-RICO substantive counts will be tried along with their corresponding RICO racketeering acts. Likewise, substantive counts that correspond to racketeering acts that are not tried will be held in abeyance, to be tried at a subsequent phase of trials if it becomes necessary. *fn28"

  C. Overlapping Evidence

  While a division of criminal offenses will substantially limit the overlapping presentation of evidence, the repetition of certain evidence is unavoidable due to the nature of RICO charges. An essential element of both RICO conspiracy and substantive RICO is the existence of an "enterprise that affected interstate commerce." Neapolitan, 791 F.2d at 500. According to the court in Neapolitan an "enterprise" is

  

an association having an ascertainable structure which exists for the purpose of maintaining operations directed toward an economic goal that has an existence that can be defined a part [sic] from the commission of the predicate acts constituting the "pattern of racketeering activity."

  Id. (quoting United States v. Anderson, 626 F.2d 1358, 1372 (8th Cir. 1980), cert. denied, 450 U.S. 912, 101 S. Ct. 1351, 67 L. Ed. 2d 336 (1981)); see also Delta Truck & Tractor, Inc. v. J.I. Case Co., 855 F.2d 241, 243 (5th Cir. 1988), cert. denied, 489 U.S. 1079, 109 S. Ct. 1531, 103 L. Ed. 2d 836 (1989); United States v. Weinberg, 656 F. Supp. 1020, 1024 (E.D.N.Y. 1987) ("enterprise must have ongoing formal or informal organization, and its various associates must function as a continuing unit"). Because the El Rukn organization is the alleged "enterprise" for the RICO charges against each defendant, its existence must be proven at all five trials. Presumably, this may entail a presentation of some of the same evidence five times. Nonetheless, the gravamen of proof necessary to RICO convictions will not be repeated because, unlike proof of an enterprise common to all RICO defendants, the remaining elements of proof under RICO substantially pertain only to individual criminal activity.

  To convict a defendant under substantive RICO, the government must prove, in addition to proof of an enterprise: (1) that the defendant was employed by or associated with the enterprise; (2) that he participated, either directly or indirectly, in the conduct of the affairs of the enterprise; and (3) that he participated through a pattern of racketeering activity, i.e., through the commission of at least two racketeering acts. United States v. Alvarez, 860 F.2d 801, 818 (7th Cir. 1988), cert. denied, 490 U.S. 1051, 109 S. Ct. 1966, 104 L. Ed. 2d 434 (1989); Kopituk, 690 F.2d at 1323.

  The elements of RICO conspiracy are analogous to the elements of substantive RICO and similarly focus upon individual criminal activity. To prove RICO conspiracy, however, the government need not show that a defendant committed two racketeering acts or even that he agreed to personally commit two such acts. Instead, it is enough that the defendant manifested "his agreement to the objective of a violation of RICO." Neapolitan, 791 F.2d at 498. Thus, a defendant is guilty of RICO conspiracy when he enters an "agreement to conduct or participate in the affairs of an enterprise and an agreement to the commission of at least two predicate acts" by anyone associated with the enterprise. Id. at 499.

  Therefore, the only element of RICO conspiracy and substantive RICO that will necessitate the repetition of evidence is the existence of an enterprise. Evidence of the other elements will, for the most part, differ according to each defendant's individual association with, and participation in the affairs of, the enterprise. Thus, while the government will need to prove the existence of the enterprise at all five trials, *fn29" it will need to prove the remaining elements of Counts One and Two only once at the separate trials of each group of defendants.

  D. Evidentiary Limitations and Counts in Abeyance

  Before detailing the specifics of the severance plan, another matter merits some discussion. The complexity of this indictment and the alleged wide-ranging involvement of many of the defendants makes it impossible to divide both the defendants and the alleged criminal offenses into non-overlapping groups and, at the same time, permit the government to try every defendant for every racketeering act charged under RICO. The indictment charges eleven large and distinct conspiracies involving various combinations of defendants, each of whom is alleged to have committed numerous other crimes and to have been a member of other conspiracies. Consequently, there are no discreet groups of defendants who are charged with discreet and separate crimes and, therefore, no neatly separable groups. Thus, to avoid overlapping evidence, it is necessary to exclude evidence of many racketeering acts that each defendant allegedly committed, as well as to hold in abeyance the substantive counts that correspond to such acts.

  There are certain minimum limitations, however, to the number of racketeering acts that may be excluded from evidence. As discussed above, a substantive RICO conviction requires proof of a "pattern of racketeering" and the commission of at least two racketeering acts. Alvarez, 860 F.2d at 818; Kopituk, 690 F.2d at 1323. Thus, to maintain the possibility of such a conviction for all defendants, the severance plan must allow the government the opportunity to prove at least two racketeering acts against each defendant. However, because a substantive RICO violation does not require proof of any more than two acts in establishing a "pattern of racketeering," evidence of additional racketeering acts becomes increasingly less important and less probative. *fn30" Accordingly, at some point, the probative value of such evidence will be substantially outweighed by the "danger of unfair prejudice" and by "considerations of undue delay, waste of time, or needless presentation of cumulative evidence." Fed. R. Evid. 403. Therefore, under Evidence Rule 403, we will exclude evidence of many of the multitude of racketeering acts charged against the defendants. See Kelsay v. Consolidated Rail Corp., 749 F.2d 437, 443 (7th Cir. 1984) (admissibility of evidence pursuant to Evidence Rule 403 is "within the sound discretion of the trial court").

  Additionally, this limit on evidence is necessary to the viability of this or any other severance plan of this nature. To hold otherwise and to allow the government to prove every racketeering act that it has alleged against every defendant would in effect allow the government to retry the entire case at every trial. This, of course, is unacceptable because it would largely defeat one of the most compelling reasons for granting severance. Under such circumstances, this Court has the authority and broad discretion to exclude evidence of cumulative racketeering acts in order to control the separate trials. See Gentile v. County of Suffolk, 129 F.R.D. 435, 458 (E.D.N.Y. 1990); cf. Fed. R. Evid. 102 ("rules shall be construed to secure fairness . . ., [and] elimination of unjustifiable expense and delay"); Fed. R. Evid. 104(a) (court not bound by rules of evidence in determining admissability); Fed. R. Evid. 611(a) ("court shall exercise reasonable control over . . . presenting [of] evidence so as to . . . avoid needless consumption of time").

  Of course, as we have stated, we will hold in abeyance the substantive counts that correspond to racketeering acts that we exclude from evidence. This aspect of the plan may, indeed, eliminate the need to ever spend time and resources trying these crimes. Under the severance scheme we have devised, each defendant faces a potential jail term that can be measured in decades and many face potential life sentences for RICO convictions based on murder. See 18 U.S.C. § 1963(a) (1988); Ill. Rev. Stat. ch. 38, para. 9-1 (1989). For all practical purposes, convicting a defendant of an offense that carries a substantial penalty will obviate the need to try him for the remaining crimes charged against him. If a defendant is not convicted, the government will have the opportunity at that time to determine whether it wishes to proceed with the counts held in abeyance.

  IV. Details of Severance Plan

  As set forth in detail below, we have devised a severance plan to meet these concerns and the other concerns of the Court and the parties. *fn31" We believe that this plan provides the most efficient and effective method of trying this case. While it reduces the potential prejudice that each defendant may suffer, it still gives the government more than sufficient opportunity to convict every defendant of crimes that carry substantial penalties. It also reduces the evidence that must be presented at more than one trial. *fn32"

  A. Trial One

  Defendants Louis Hoover, Felix Mayes, Derrick Porter, and Noah Robinson will be tried together at Trial One. The connection between these defendants is that they are all alleged to have participated in crimes in which Robinson is the central figure. This group will be tried for these crimes, which include the attempted murder of Robert Aulston in Texas and the murder of Leroy Barber in South Carolina as well as the various acts of witness tampering committed against defendant Henry Leon Harris and Janice Rosemond. These crimes are charged as substantive Counts Eight through Sixteen and alleged in Count Two as corresponding Racketeering Acts 23, 24, and 26-30.

  To insure the possibility of Count Two substantive RICO convictions for Hoover, F. Mayes, and Porter, however, it is necessary to allow the government to prove additional racketeering acts. Thus, the alleged murders of turncoat El Rukns Willie McLilly, Roy Love and Mickey Cogwell and the alleged conspiracy to murder Lemont Timberlake will also be tried at Trial One. These offenses, which are not charged as separate substantive counts, are alleged as Racketeering Acts 3, 4 and 8. The addition of these acts gives the government the opportunity to prove that both F. Mayes and Porter committed at least two racketeering acts. Although both of these defendants are charged with other racketeering acts, these acts were chosen because of the limited alleged participation of defendants who are not included in this group. Only two of the remaining defendants to be tried who are not fugitives are charged with participation in these crimes.

  Because Hoover is charged with the commission of only one violent offense, the government will also be permitted to try a narcotics-related offense against him. Thus, at Trial One the government may prosecute Racketeering Act 78 and corresponding substantive Count Sixty, one of the two narcotics-related offenses with which Hoover is charged, wherein Hoover allegedly used a telephone to facilitate a narcotics offense in violation of 21 U.S.C. § 843(b) (1988). The other narcotics-related offense with which he is charged is Count Three and Racketeering Act 31, the broad narcotics conspiracy. The other three Trial One defendants are also alleged members of this conspiracy. Nonetheless, this offense will be held in abeyance with respect to this group to avoid overlapping evidence because, as will be explained below, it will tried at another trial. This is the only count that is held in abeyance. The government has the opportunity to obtain convictions for the remaining twelve counts charged against this group, including substantive RICO.

  B. Trial Two

  The following eight defendants will be tried at Trial Two: Jeff Boyd, Edgar Cooksey, Andrew Craig, Charles Green, Alan Knox, Sammy Knox, Michael Sardin, and James Speights. *fn33" The primary connection between these defendants is that they were all members of the alleged King Cobra conspiracy, charged as substantive Count Four and alleged as Racketeering Act 19. Although there are other defendants charged in this conspiracy, they are not included here because none of them is charged with any of the additional King Cobra-related crimes, which include the murders of Robert Jackson, Rico Chalmers, Glendon McKinley, and Vicki Nolden, the attempted murder of Andre Chalmers, and the assault of Theotis Clark. Five of the defendants in this group are charged with some participation in these crimes, charged as Counts Five, Six, and Seven and alleged in Count Two as Racketeering Acts 20, 21, and 22.

  The other three defendants in the group, S. Knox, Sardin, and Speights, although not charged with any of these additional crimes, are included because of their alleged involvement in the McKinley kidnapping, charged as Count One Hundred Seventy-Five and also alleged as Racketeering Act 25. This is important because the other alleged kidnapper, Boyd, was included in this group due to his involvement in the additional King Cobra-related crimes. Thus, in the interest of keeping the alleged McKinley kidnappers together, S. Knox, Sardin, and Speights are placed in this group.

  The offenses tried at Trial Two will include, in addition to the McKinley kidnapping and all of the King Cobra crimes, the Ronald Bell murder conspiracy, the murders of Gilbert Connors and Gregory Freeman, various narcotics-related offenses, and a weapons offense. Five of the eight defendants in this group are named as members of the Bell conspiracy, alleged as Racketeering Act 17 but not charged as a separate substantive count. The Connors and Freeman murders, alleged as Racketeering Acts 1 and 2, are included here because the only defendant standing trial who is charged with these murders is group member S. Knox. The other defendants charged with these murders have pleaded guilty.

  The narcotics offenses that will be tried at this trial include two counts of cocaine distribution in violation of 21 U.S.C. § 841(a)(1) and six counts of the use of a telephone to facilitate a narcotics offense in violation of 21 U.S.C. § 843(b). Sardin and Speights will be tried for cocaine distribution as alleged in Counts One Hundred Fifty-Nine and One Hundred Sixty and corresponding Racketeering Acts 125 and 126. These two defendants will also be tried for a separate weapons offense, charged in Count One Hundred Seventy-Two, because this offense is allegedly connected to Count One Hundred Sixty. The six telephone counts relate to a series of alleged phone conversations that took place on May 1, 1986 involving Boyd, A. Knox, and Speights and to phone conversations that took place on May 9 and May 21, 1986 involving S. Knox and A. Knox. These crimes are charged as Counts Sixty-Five, Sixty-Six, Sixty-Seven, Eighty-Two, Eighty-Four, and Eighty-Eight and are also alleged as, or as a part of, Racketeering Acts 83, 84, 85, 97, and 98.

  Although the defendants in this group, individually and collectively, have been charged with other narcotics-related offenses, many of the crimes chosen for trial here were selected because they were allegedly committed by at least two members of the group. Others were chosen simply to increase the number of Count Two racketeering acts for which certain defendants are tried. The remaining substantive counts charged against this group are held in abeyance.

  C. Trial Three

  The following five defendants will be tried together at Trial Three: Henry Andrews, Thomas Bates, George Carter, Roland Lewis, and Melvin Tillman. Also, in the event any or all of them are apprehended in time, the following fugitive defendants will be tried with this group: Floyd Davis, Eddie Franklin, Bernard Green, Melvin Mayes, Walter Pollard, and Edward Williams. Each of these defendants was an alleged member of the King Cobra murder conspiracy charged as Count Four and also alleged as Racketeering Act 19. However, as noted above, none of these defendants is charged with the commission of the additional related crimes or with the McKinley kidnapping.

  Although it will cause some overlap in the evidence between Trials Two and Three, this group will also be tried for the King Cobra conspiracy. This limited overlap allows the government to pursue Count Four against all alleged conspirators, thereby reducing the number of counts held in abeyance. The offenses tried at this trial will additionally include the Bruce Davis murder conspiracy and the Jerome Smith conspiracy, alleged as Racketeering Acts 12 and 18. Every member of this group except defendants Lewis and Tillman and fugitive defendant M. Mayes is named as a member of both the Smith and Davis conspiracies.

  With the exception of the Count Three narcotics conspiracy and the narcotics-related offenses included at Trial Two, all narcotics-related offenses charged against this group will also be tried here. An exception to this will be made for fugitive M. Mayes, who is charged with sixty-five narcotics-related offenses. Even if he is apprehended in time for trial, most of these charges will be held in abeyance.

  Carter, Davis, Lewis, and Williams will each be tried for individual counts of cocaine distribution in violation of 21 U.S.C. § 841(a)(1). These crimes are charged as Counts Seventeen, Twenty-Four, Twenty-Six, Twenty-Seven, and Thirty-One and are also alleged as Racketeering Acts 34, 41, 43, 44, and 48. Tillman will also be tried for a violation of § 841(a)(1), which is alleged as Racketeering Act 49 but is not charged as a separate substantive count. Additionally, M. Mayes and B. Green will be tried for three counts of using a telephone to facilitate a narcotics offense in violation of 21 U.S.C. § 843(b), alleged as Counts Fifty-Two, Sixty-One, and Eighty-Six and also as Racketeering Acts 70, 79, and 99. Bates will be tried for one count of violating § 843(b), charged as Count Forty-Eight and also alleged as Racketeering Act 66. The remaining counts charged against the defendants in this group are held in abeyance.

  D. Trial Four

  Defendants Jerome Crowder, Lawrence Crowder, William Doyle, and J. L. Houston will be tried together at Trial Four. None of these defendants is alleged to have been involved with any of the crimes that tied together the defendants in the first three trials, namely the alleged Robinson crimes, the King Cobra conspiracy crimes, and the McKinley kidnapping. While there is some overlap between the other offenses to be tried at those trials and the offenses allegedly committed by the Trial Four group, it is a limited overlap extending only to the Jerome Smith, Ronald Bell, and Bruce Davis murder conspiracies. Nonetheless, to avoid overlapping evidence, this group will not be tried for these crimes.

  The offenses to be tried against this group will include all of the remaining violent offenses. This includes the Titanic Stones, Audrina Thomas, Chalmers Tyler, and Ewing brothers murder conspiracies and the related murders and attempted murders. None of these crimes, alleged as Racketeering Acts 5, 6, 9, 10, 13, 14, 15, and 16, are charged as a separate substantive count. According to Count Two, L. Crowder and Doyle were members of three of these murder conspiracies, while J. Crowder and Houston were members of all four.

  Additionally, J. Crowder and Doyle each will be tried for narcotics-related crimes. These will include Racketeering Act 32, charging that Doyle allegedly traveled in interstate commerce to distribute cocaine in violation of 18 U.S.C. § 1952, and Racketeering Act 33, charging him with cocaine distribution in violation of 21 U.S.C. § 841(a)(1). Neither of these crimes is alleged as a separate substantive count. Jerome Crowder will be tried for two counts of using a telephone to facilitate a narcotics offense in violation of 21 U.S.C. § 843(b), which are charged as Counts One Hundred Forty-Six and One Hundred Forty-Nine and also alleged as Racketeering Acts 116 and 118.

  Neither Houston nor L. Crowder are charged with additional narcotics related crimes except the large narcotics conspiracy charged in Count Three and corresponding Racketeering Act 31. J. Crowder and Doyle are also alleged members of this conspiracy. Nonetheless, Count Three is held in abeyance as to these defendants because it will be tried in the fifth and final trial. The only other substantive counts held in abeyance are a number of narcotics-related offenses charged against J. Crowder, who in any event will be tried for six racketeering acts.

  E. Trial Five

  Isiah Kitchen and, in the event he is apprehended in time, Roger Bowman will be tried together at Trial Five. Unlike the rest of the defendants, Kitchen and Bowman have not been charged with the commission of any violent crimes. Their participation in the affairs of the El Rukns is allegedly limited to narcotics-related offenses. The prejudice that either defendant would face at a trial in which the government was allowed to present evidence of numerous violent offenses, including murders, attempted murders, kidnapping, or obstruction of justice, is unacceptable. Thus, Kitchen and Bowman will be tried separately and the government will be permitted to go forward with all charges against these defendants, including the RICO charges in Counts One and Two. However, as is the case in the previous trials, the evidence presented in support of the RICO charges largely will be limited to the criminal offenses committed by these defendants.

  These offenses allegedly include participation as co-conspirators in the narcotics conspiracy in violation of 21 U.S.C. § 846 charged as Count Three and alleged as corresponding Racketeering Act 31. Additionally, Bowman is charged with three counts of using a telephone to further narcotics-related offenses in violation of 21 U.S.C. § 843(b), charged as Counts Sixty, Sixty-One, and One Hundred Forty-Six and also alleged as corresponding Racketeering Acts 78, 79, and 116. Kitchen is charged with six counts of violating § 843(b) and one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). These crimes are charged as Counts One Hundred Sixty-One through One Hundred Sixty-Eight, and are also alleged collectively as corresponding Racketeering Act 127. Kitchen is also charged with possession of firearms in violation of 18 U.S.C. § 922(g)(1), the one substantive offense with which he is charged that is not alleged as a corresponding racketeering act. None of the Counts charged against these defendants are held in abeyance.

  F. Trial Sequence

  Finally, we must decide the sequence and timing of these trials. The cases will be tried in the sequence that they are set forth in Section IV of this opinion. Trial One will commence at the date previously scheduled. Trials Two through Five will follow Trial One in sequence. However, because most of the defendants at Trials Two through Five have already been in custody for a significant period of time, we will explore with the Executive Committee of this Court the feasibility of assigning these trials to other District Court Judges to be tried simultaneously. *fn34" See Casamento, 887 F.2d at 1152 (separately severed trials "may, in the judge's discretion, be assigned for simultaneous trial before other judges"). *fn35" If simultaneous trials are not feasible and the cases are instead tried sequentially, we will revisit, as promised earlier, the pretrial detention orders of the defendants whose trials will be delayed further. Thus, in the event of sequential trials, the Court will order that Magistrate Rosemond reconsider the pretrial detention orders of those defendants in trials Two through Five.

  V. Conclusion

  The indictment in this case is a massive 305-page "book" detailing the alleged criminal activity of the thirty-eight named defendants. The apparent justification for this unprecedented and confused joinder of a great number of allegedly bad actors charged with a great number of disparate crimes committed over a long period of time in a single trial is that these defendants were all associated with the same street gang and that the fruits of their crimes somehow enured to the general benefit of the gang. Although the drafting of this indictment shows a certain degree of creativity and its return may have made dramatic press conference fodder, these are the easiest tasks in the preparation of a joint prosecution. Now the charges must be tried and the feasibility of attempting to prove them in one trial must be faced squarely.

  The oft-stated rule is that defendants who are charged together should be tried together. Nevertheless, whether to grant a severance is left to the sound discretion of the trial court. To say that we should not exercise this discretion to sever these defendants and charges into several separate manageable trials is tantamount to saying that under no circumstances should a trial court ever exercise its discretion to sever. The large number of defendants, the large number and complexity of the charges, and the projected length of the proposed mega-trial presented in this indictment mandate that we order separate trials. Were we not to so rule, the defendants could not receive fair trials, the jury would not be able to properly perform its function, the costs of appointed counsel would be exorbitant, and the damage to the orderly administration of other litigation assigned to this Court's docket would be considerable. This is too high a price to pay for the government's ill-conceived desire to prosecute all these defendants in one spectacular trial extravaganza.

  Thus, for the multiple and detailed reasons discussed in this opinion, we deny the motions to sever pursuant to Rule 8(b) and grant the motions to sever pursuant to Rule 14. However, in the interest of implementing an optimum severance plan that fairly reflects the interests of all of the parties, we will temporarily stay execution of this order. For the next forty-eight hours, we will accept proposals from any of the parties regarding suggested improvements to our severance plan provided that these suggestions are consistent with the goals of this opinion. *fn36" It is so ordered.

  [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 754 F. Supp.] APPENDIX A Trial One Defendants - Hoover, F. Mayes, Porter, Robinson Counts - 1, 2, 8-16, 60 Count Two Predicate Acts - 3, 4, 8, 23, 24, 26-30, 78 Trial Two Defendants - Boyd, Cooksey, Craig, C. Green, A. Knox, S. Knox, Sardin, Speights Counts - 1, 2, 4-7, 65-67, 82, 84, 88, 159, 160, 172, 175 Count Two Predicate Acts - 1, 2, 17, 19-22, 25, 83-85, 97, 98, 125, 126 Trial Three Defendants - Andrews, Bates, Carter, Davis, Franklin, B. Green, Lewis, Tillman, M. Mayes, Pollard, E. Williams Counts - 1, 2, 4, 17, 24, 26, 27, 31, 48, 52, 61, 86 Count Two Predicate Acts - 12, 18, 19, 34, 41, 43, 44, 48, 49, 66, 70, 79, 99 Trial Four Defendants - J. Crowder, L. Crowder, Doyle, Houston Counts - 1, 2, 146, 149 Count Two Predicate Acts - 5, 6, 9, 10, 13-16, 32, 33, 116, 118 Trial Five Defendants - Kitchen, Bowman Counts - 1, 2, 3, 60, 61, 146, 161-168, 174 Count Two Predicate Acts - 31, 78, 79, 116, 127

  APPENDIX B

  [INDICTMENT]

  UNITED STATES DISTRICT COURT

  NORTHERN DISTRICT OF ILLINOIS

  EASTERN DIVISION

  UNITED STATES OF AMERICA v. HENRY ANDREWS, also known as "Hank", and "Sulaman," (hereinafter in this Indictment referred to only as Henry Andrews); THOMAS BATES, also known as "Doc", and "Raja", (hereinafter in this Indictment referred to only as Thomas Bates); ROGER BOWMAN, also known as "General Tu", (hereinafter in this Indictment referred to only as Roger Bowman); JEFF BOYD, also known as "Raffi", (hereinafter in this Indictment referred to only as Jeff Boyd); GEORGE CARTER, also known as "Ibin", (hereinafter in this Indictment referred to only as George Carter); JACKIE CLAY, also known as "Doc Ishmael", (hereinafter in this Indictment referred to only as Jackie Clay); EDGAR COOKSEY, also known as "Haisheem", and "Ha Ha" (hereinafter in this Indictment referred to only as Edgar Cooksey); ANDREW CRAIG, also known as "Wadoo", and "Pretty Larry" (hereinafter in this Indictment referred to only as Andrew Craig); JEROME CROWDER, also known as "General Jake", and "Nacon" (hereinafter in this Indictment referred to only as Jake Crowder); LAWRENCE CROWDER, also known as "Momad", and "Captain Crowder", (hereinafter in this Indictment referred to only as Lawrence Crowder); FLOYD DAVIS, also known as "General Floyd" (hereinafter in this Indictment referred to only as Floyd Davis); WILLIAM DOYLE, also known as "Sundown", and "Ahzie" (hereinafter in this Indictment referred to only as William Doyle); HARRY EVANS, also known as "BeBop" (hereinafter in this Indictment referred to only as Harry Evans); EDDIE FRANKLIN, also known as "Wadu" (hereinafter in this Indictment referred to only as Eddie Franklin); BERNARD GREEN, also known as "Bantu" (hereinafter in this Indictment referred to only as Bernard Green); CHARLES GREEN, also known as "Maliki" (hereinafter in this Indictment referred to only as Charles Green); HENRY LEON HARRIS, also known as "Toomba", and "Noodles" (hereinafter in this Indictment referred to only as Henry Leon Harris); EARL HAWKINS, also known as "Zoom", and "Mansur" (hereinafter in this Indictment referred to only as Earl Hawkins); LOUIS HOOVER, also known as "Sabucon", and "Sabu" (hereinafter in this Indictment referred to only as Louis Hoover); J. L. HOUSTON, also known as "Akkudar" (hereinafter in this Indictment referred to only as J. L. Houston); EUGENE HUNTER, also known as "Saleem", and "Maurice Wright", (hereinafter in this Indictment referred to only as Eugene Hunter); DERRICK KEES, also known as "Nassau", and "Nasty" (hereinafter in this Indictment referred to only as Derrick Kees); ISIAH KITCHEN, also known as "Ike", and "Zoom" (hereinafter in this Indictment referred to only as Ike Kitchen); ALAN KNOX, also known as "General Gangs", and "G. G." (hereinafter in this Indictment referred to only as Alan Knox); SAMMY KNOX, also known as "Big", and "Big Ishmael" and "Little Dog", (hereinafter in this Indictment referred to only as Sammy Knox); ROLAND LEWIS, also known as "Omar" (hereinafter in this Indictment referred to only as Roland Lewis); FELIX MAYES, also known as "Fish" (hereinafter in this Indictment referred to only as Felix Mayes); MELVIN MAYES, also known as "Maumee", and "Mau" (hereinafter in this Indictment referred to only as Melvin Mayes); WALTER POLLARD, also known as "General Bud" (hereinafter in this Indictment referred to only as Walter Pollard); DERRICK PORTER, also known as "General Rick" (hereinafter in this Indictment referred to only as Derrick Porter); NOAH ROBINSON, also known as "Local", and "The Local Friend" (hereinafter in this Indictment referred to only as Noah Robinson); MICHAEL SARDIN, also known as "Shaheed" (hereinafter in this Indictment referred to only as Michael Sardin); JAMES SPEIGHTS, also known as "Mishma" (hereinafter in this Indictment referred to only as James Speights); ANTHONY SUMNER, also known as "Sundown", and "Doorknob", (hereinafter in this Indictment referred to only as Anthony Sumner); FREDDIE ELWOOD SWEENEY, MELVIN TILLMAN, also known as "Drag" (hereinafter in this Indictment referred to only as Melvin Tillman); EDWARD WILLIAMS, also known as "Ranger" (hereinafter in this Indictment referred to only as Edward Williams); RICKY DEAN WILLIAMS, also known as "Ricky Dean", and "Dan Ryan" (hereinafter in this Indictment referred to only as Ricky Dean Williams).

  No.

  Violations: Title 18, United States Code, Sections 1962(c) and (d), 1952(a)(3), 1952 A. 1952 B(a)(1), (3), and (5), 1512(a) and (b), 1513(a), 1503, 844(d), 922(g), 924(c)(1), 1202(a)(1), and 2; Title 21, United States Code, Sections 846, 841(a)(1), and 843(b).

  COUNT ONE

  The SPECIAL APRIL 1987 GRAND JURY charges:

  THE RACKETEERING ENTERPRISE

  1. At all times material to this indictment,

  HENRY ANDREWS, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, JAKE CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LOUIS HOOVER, J. L. HOUSTON, EUGENE HUNTER, DERRICK KEES, IKE KITCHEN, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, FELIX MAYES, MELVIN MAYES, WALTER POLLARD, DERRICK PORTER, NOAH ROBINSON, MICHAEL SARDIN, JAMES SPEIGHTS, ANTHONY SUMNER, MELVIN TILLMAN, EDWARD WILLIAMS, and RICKY DEAN WILLIAMS,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, Michael Anderson, Kenny Bingham, Johnny Brown, Thomas Allen Burnside, David Carter, Bruce Collins, Alexander Cooper, Herbert Dinkins, Paul Downie, Rocky Easton, Ray Ferguson, Nathson Fields, Andrew Fort, Codell Griffin, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, C. D. Jackson, Ronald Jennings, Robert Johnson, Victor Johnson, Michael Joiner, Harold Jones, Melvin Lamb, Darryl Lamb, Ervin Lee, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, Alvin Toney, James Walker, and Damon Williams were members of and associated with an organization which constituted an "enterprise" as defined by Title 18, United States Code, Section 1961(4), namely, a group of individuals associated in fact to conduct, participate in, and commit acts of racketeering as defined by Title 18, United States Code, Section 1961(1), which enterprise did engage in and the activities of which did affect interstate commerce, and which enterprise was called "The El Rukns" and "The El Rukn Nation" (hereinafter El Rukns).

  The El Rukns developed from approximately 1966 through 1976 from various street gangs operating primarily on the south side of the City of Chicago and eventually headquartered at 3947 S. Drexel Blvd., Chicago, Illinois in a building called "The Fort". Led by unindicted co-conspirator Jeff Fort, the affairs of the enterprise were conducted at the direction of Fort and a leadership group called "Generals" through a paramilitary organizational structure which included middle level leadership called "Officers", lower level leadership called "Ambassadors", and members who were sometimes called "Soldiers". The affairs of the enterprise were conducted to accumulate power and money for Fort, the leadership group and the members of the El Rukns. Consequently, the El Rukns sought to obtain and maintain control over various geographic areas, called "territory" or "turf", and the people living therein, through various means, including but not limited to murder, narcotics distribution, terrorism, robbery, extortion, intimidation, fraud, bribery, kidnapping, and obstruction of justice.

  STRUCTURE OF THE ENTERPRISE

  2. The enterprise was known at various periods in its history as "The Blackstone Rangers", "The Black P Stone Nation", and "The El Rukns". From about 1966 through 1969, the enterprise was known as "The Blackstone Rangers". From about 1969 through 1976, the enterprise was known as "The Black P Stone Nation". From about early 1976 to the present, the enterprise has been known as "The El Rukns". The enterprise originally was comprised of a number of street gangs from various neighborhoods in the Southside of the City of Chicago which were consolidated and organized under the leadership of Jeff Fort and Eugene Hairston during the period from about 1966 through the end of 1975. During this period, Jeff Fort and Eugene Hairston exercised their authority and implemented their orders through the former leaders of the various street gangs which comprised the enterprise. These former leaders of the various street gangs were called the "Main 21".

  3. In early 1976, Jeff Fort proclaimed himself the sole leader or "Chief" of the enterprise, renamed it the "El Rukn Nation", and thereafter exercised complete authority over the enterprise, its members, and its operations through a leadership group he renamed the "Generals".

  4. At the direction of Jeff Fort, the Main 21 and the Generals operated and promoted the activities of the enterprise, and exercised authority over subordinate members. During the period of this Indictment, the Generals of the enterprise included defendants MELVIN MAYES, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, JACKIE CLAY, EDGAR COOKSEY, JAKE CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LOUIS HOOVER, J. L. HOUSTON, EUGENE HUNTER, DERRICK KEES, IKE KITCHEN, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, FELIX MAYES, WALTER POLLARD, DERRICK PORTER, MICHAEL SARDIN, JAMES SPEIGHTS, MELVIN TILLMAN, EDWARD WILLIAMS, and others known to the Grand Jury, including Ray Ferguson, Nathson Fields, Andrew Fort, Melvin Lamb, Alvin Toney and James Walker.

  5. The enterprise had a large group of Officers as its third level of command and operational personnel. Most of the Generals named in paragraph 4 were at various times Officers who were subsequently promoted to General by Jeff Fort. Other officers included defendants HENRY ANDREWS, GEORGE CARTER, ANDREW CRAIG, ANTHONY SUMNER, and others known and unknown to the Grand Jury, including David Carter, Ronald Jennings, Michael Joiner, and Darryl Lamb.

  6. From about 1984 through the date of this Indictment, the enterprise had a large group of individuals known as Ambassadors as its next ranking level of operational personnel, many of whom were promoted to Officer and General by Jeff Fort. Other Ambassadors included Kenny Bingham, Johnny Brown, Bruce Collins, Herbert Dinkins, Rocky Easton, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, Robert Johnson, Victor Johnson, Ervin Lee, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, and others known and unknown to the Grand Jury.

  7. The enterprise had a large group of Soldiers as its next rank of operational personnel, many of whom were subsequently promoted to Ambassador, Officer, and General by Jeff Fort.

  8. The enterprise had numerous suppliers of illegal drugs and narcotics during its history, including defendant RICKY DEAN WILLIAMS, and Michael Anderson, Thomas Allen Burnside, Alexander Cooper, Codell Griffin, C. D. Jackson, Harold Jones, and Damon Williams.

  PURPOSES OF THE ENTERPRISE

  9. At all times material to this Indictment, the purposes of the enterprise referred to in paragraphs 1 to 8 above included the following:

  (a) To acquire power for the enterprise in the Chicago metropolitan area and other cities throughout the United States.

  (b) To obtain income for the enterprise from drug trafficking, murder, extortion, robbery, fraud, and the acquisition and intended use of weapons and explosives, including M-72 Series Light Anti-Tank Weapons, commonly referred to as LAW rockets.

  (c) To protect and preserve the enterprise and its money-making endeavors through the use and threatened use of violence and intimidation, including murders, attempted murders, and conspiracies to murder rival narcotics dealers, rival gang leaders, and persons viewed as hostile to the aims and purposes of the enterprise, including police officers and witnesses to various illegal activities of the enterprise.

  (d) To purchase and lease real property, including apartment buildings, in which to house the members of the enterprise and from which to conduct the illegal activities of the enterprise, including storing, mixing, packaging, selling, and distributing narcotics.

  (e) To acquire and use firearms, weapons, and explosives, including hand grenades, fully automatic rifles, machine guns, machine pistols, silencers, and LAW rockets, to further the illegal activities of the enterprise.

  (f) To acquire and control territory in the city of Chicago and other places in which to distribute narcotics and to otherwise operate the illegal activities of the enterprise.

  THE MANNER AND MEANS OF THE ENTERPRISE

  10. Among the manner and means whereby the defendants and co-conspirators conducted and participated in the conduct of the affairs of the enterprise were the following:

  (a) To supervise and control the activities of the enterprise, Jeff Fort selected and promoted Generals, Officers, Ambassadors, and Soldiers. Members of these different groups were assigned various responsibilities in order to conduct the affairs of the enterprise, including to commit murders on behalf of the enterprise; to acquire, mix, package, sell, distribute, and collect the proceeds of narcotics and drugs on behalf of the enterprise; to manage apartment buildings and properties acquired by the enterprise; to promote the activities of the enterprise among members of the public and to deal with attorneys representing members of the enterprise arrested for illegal activities; and to recruit, train, and indoctrinate new members of the enterprise.

  (b) To enforce discipline and the rules of the enterprise, defendants and co-conspirators murdered, attempted to murder, conspired to murder, and physically beat and threatened those members of the enterprise who violated rules, questioned authority, or posed a threat to the leaders or purposes of the enterprise.

  (c) To perpetuate the enterprise and to maintain and extend its power, defendants and co-conspirators murdered, attempted to murder, conspired to murder, threatened, intimidated, and kidnapped individuals who posed a threat to the enterprise or jeopardized its operations, including police officers and witnesses to the enterprise's illegal activities.

  (d) To perpetuate, protect, and extend the power of the enterprise, defendants and co-conspirators obstructed and endeavored to obstruct justice by means of bribery and perjury.

  (e) To perpetuate and extend the power of the enterprise, defendants and co-conspirators obtained and used and intended to use weapons and explosives, including automatic firearms and a M-72 Series Light Anti-Tank Weapon, commonly referred to as a LAW rocket.

  (f) To protect the enterprise and its members from law enforcement authorities, defendants and co-conspirators utilized codes and code names to communicate among themselves and avoid the scrutiny of law enforcement authorities.

  (g) To communicate among themselves and with the enterprise, defendants and co-conspirators utilized telephones located in various States of the United States.

  (h) To conceal themselves and avoid detection and apprehension by law enforcement authorities, defendants and co-conspirators utilized a number of "safe houses" in various States of the United States.

  (i) To generate income, defendants and co-conspirators engaged in the trafficking of controlled substances, including the distribution and possession with intent to distribute heroin, cocaine, marijuana, amphetamines, codeine syrup, Talwin and Triplenamine (T's and Blues), and Phencyclidine (PCP).

  (j) To generate income and to promote, manage, establish, and carry on the unlawful activities of the enterprise, defendants and co-conspirators travelled and used facilities in interstate and foreign commerce.

  (k) To generate income and to expand the power of the enterprise, defendants and co-conspirators agreed to perform a violent act or violent acts in the United States on behalf of or at the direction of representatives of the Government of Libya.

  (l) To generate income, defendants and co-conspirators extorted money by "shaking down" persons involved in legitimate businesses.

  (m) To generate income, defendants and co-conspirators home-invaded and robbed drug dealers and other persons engaged in legal and illegal activities.

  11. From in or about 1966 until the date of this indictment, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

  HENRY ANDREWS, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, JEROME CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, RAY FERGUSON, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LOUIS HOOVER, J. L. HOUSTON, EUGENE HUNTER, DERRICK KEES, IKE KITCHEN, ALAN KNOX, SAMMY KNOX, FELIX MAYES, MELVIN MAYES WALTER POLLARD, DERRICK PORTER, NOAH ROBINSON, MICHAEL SARDIN, JAMES SPEIGHTS, ANTHONY SUMNER, MELVIN TILLMAN, EDWARD WILLIAMS, and RICKY DEAN WILLIAMS,

  defendants herein, and others known and unknown to the Grand Jury, including Michael Anderson, Kenny Bingham, Johnny Brown, Thomas Allen Burnside, David Carter, Bruce Collins, Alexander Cooper, Herbert Dinkins, Paul Downie, Rocky Easton, Nathson Fields, Andrew Fort, Codell Griffin, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, C. D. Jackson, Ronald Jennings, Robert Johnson, Victor Johnson, Michael Joiner, Harold Jones, Darryl Lamb, Melvin Lamb, Ervin Lee, Roland Lewis, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, Alvin Toney, James Walker, and Damon Williams, being members of and associated with an enterprise, that is, The El Rukns, said enterprise being described in paragraphs one through ten above, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other to violate Title 18, United States Code, Section 1962(c), that is, to conduct and to participate in the conduct of the affairs of the enterprise, directly and indirectly, through a pattern of racketeering activity as that term is defined in Title 18, United States Code, Section 1961(1), said racketeering activity consisting of the 128 acts of racketeering set forth in Count Two of this indictment.

  THE OPERATION OF THE ENTERPRISE

  12. Among the actions taken to operate the enterprise and to effect the objects of the conspiracy were the following:

  (1) It was a part of the conspiracy that in or about 1966, Jeff Fort and Eugene "Bull" Hairston organized and became the top leaders of a group of street gangs on the Southside of Chicago which became known as The Blackstone Rangers. Jeff Fort and Eugene Hairston ran the Blackstone Rangers through a group called the Main 21, who were the leaders of the various street gangs organized into the Blackstone Rangers.

  (2) It was further part of the conspiracy that in or about 1969, Jeff Fort and Eugene "Bull" Hairston renamed the Blackstone Rangers into the Black P Stone Nation. Members of the Black P Stone Nation attended weekly meetings and paid dues to the Nation through the Main 21.

  (3) It was further part of the conspiracy that members of the enterprise acquired and used firearms, weapons and explosives, including handguns, shotguns, fully automatic rifles, machine-guns, machine pistols, silencers, hand grenades, and a LAW rocket, to further the illegal aims of the enterprise.

  (4) It was further part of the conspiracy that Jeff Fort and other members of the enterprise agreed to expand and consolidate the territorial control of the El Rukn organization throughout the south side of Chicago by murdering, attempting to murder, conspiring to murder, kidnapping, threatening, and intimidating rival gang leaders and members, rival drug dealers, witnesses to the El Rukns' illegal activities, and others who posed a threat to the operation and control of the enterprise, including police officers.

  (5) It was further part of the conspiracy that members of the enterprise obstructed and endeavored to obstruct justice by means of bribery and perjury.

  (6) It was further part of the conspiracy that members of the enterprise travelled and used facilities in interstate commerce for the purposes of acquiring narcotics and controlled substances, and to commit murders and other acts of violence for money.

  (7) It was further part of the conspiracy that defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort and other members of the enterprise agreed to damage and destroy, and attempt to damage and destroy, by means of fire and explosives, buildings, property, and other real and personal property on behalf of or at the direction of representatives of the Government of Libya in order to obtain money for and to increase the power of the enterprise.

  (8) It was further part of the conspiracy that from in or about 1966 through in or about 1975, members of the Blackstone Rangers and Black P Stone Nation would obtain, distribute, and sell narcotics and controlled substances including marijuana, pills, and codeine syrup in their respective neighborhoods in the South Side of Chicago. The money from the sale of these controlled substances would be turned into the Main 21 and through them to Jeff Fort and Eugene Hairston.

  (9) It was further part of the conspiracy that from in or about 1969 through in or about 1974, members of the enterprise would extort money from legitimate business owners in the South Side of Chicago.

  (10) It was further part of the conspiracy that from in or about 1969 through in or about 1986 members of the enterprise would commit home invasions and robberies of rival drug dealers and others.

  (11) It was further part of the conspiracy that from in or about 1972 through in or about 1975, disloyal members of the Main 21 were shot on the orders of Jeff Fort by members of a group of enforcers for the enterprise.

  (12) It was further part of the conspiracy that in or about April 1976, Jeff Fort held a large meeting for members of the enterprise at which he announced that the name of the organization was from then on to be known as the El Rukns, and that he was the sole leader of the El Rukn Nation.

  (13) It was further part of the conspiracy that in or about April 1976, Jeff Fort abolished the Main 21 as the leaders of the El Rukns, and replaced them with Generals as his top deputies, including defendants FELIX MAYES, JAKE CROWDER, ALAN KNOX, DERRICK PORTER, FLOYD DAVIS, WALTER POLLARD, EDWARD WILLIAMS, ROGER BOWMAN, BERNARD GREEN, THOMAS BATES, EDDIE FRANKLIN, and others known and unknown to the Grand Jury.

  (14) It was further part of the conspiracy that in or about April 1976, Jeff Fort formed a group of Lawmen to act as enforcers for the El Rukn organization, including defendants HARRY EVANS, EARL HAWKINS, ROLAND LEWIS, ANTHONY SUMNER, LOUIS HOOVER, WILLIAM DOYLE, DERRICK KEES, HANK ANDREWS, GEORGE CARTER, and others known and unknown to the Grand Jury, including Ronald Jennings.

  (15) It was further part of the conspiracy that Jeff Fort formed subordinate ranks within the hierarchy of the El Rukn organization known as Officers, Ambassadors, Soldiers, and Members. Jeff Fort had the sole power and authority to promote or demote members of the organization to these various ranks within the hierarchy of the enterprise.

  (16) It was further part of the conspiracy that the members of the enterprise attended compulsory weekly meetings at which the business of the El Rukn organization was discussed and the illegal activities of the organization were planned, including murders and narcotics dealing.

  (17) It was further part of the conspiracy that the enterprise acquired or took over various buildings on the south side of Chicago which the organization owned controlled, or operated. These buildings included:

  (a) The "East Side" at 7611-23 S. Kingston Avenue;

  (b) The "Morroco" at 6410 S. Minerva Avenue;

  (c) The "Peace and Love Building" at 7427-57 S. Kingston Avenue;

  (d) The "Alahambra" at 6417 South Kenwood Avenue;

  (e) The "Pyramid Towers" or the "Wedgewood" at 6400 South Woodlawn Avenue;

  (f) The "Five Point Terrace" at 4559-67 to 4601-05 South Woodlawn Avenue;

  (g) The "African Hut" at 6414-16 S. Kenwood Avenue;

  (h) The "Peoples Choice Restaurant" at 10901 S. Michigan Avenue.

  (i) The "Stonehedge" at 6319 S. Woodlawn Avenue;

  (j) The "Crest Hotel" at 6724 S. Stony Island Avenue;

  (k) The "Harper Building" at 6435 S. Harper Avenue;

  (l) The "Royal" at 8243 S. Marshfield Avenue;

  (m) 12138 S. Elizabeth Street; and

  (n) "The Fort" at 3947 S. Drexel Boulevard, which was operated as the organization's headquarters.

  Members of the El Rukn organization lived in and sold narcotics from these buildings and locations, among others known to the Grand Jury.

  (18) It was further part of the conspiracy that from in or about 1976 through the date of this Indictment Jeff Fort and other members of the enterprise obtained large quantities of narcotics and controlled substances, including heroin, cocaine, marijuana, amphetamines, codeine syrup, T's and Blues, and PCP from sources located in, among other places, New York, South Carolina, Florida, Texas, Michigan, and Illinois. These sources included: defendant RICKY DEAN WILLIAMS; and Alexander Cooper; Thomas Allen Burnside; Michael Anderson; C. D. Jackson; Damon Williams; Codell Griffin; Harold Jones; Jose; and others known and unknown to the Grand Jury, all as further described in Count Three of this indictment.

  (19) It was further part of the conspiracy that in or about May 1974, Jeff Fort ordered members of the enterprise to consolidate the power and control of the organization in the area of 39th Street and South Drexel Boulevard in Chicago by eliminating rival gang leaders and drug dealers through intimidation and murder.

  (20) It was further part of the conspiracy that on May 12, 1974, members of the enterprise, including defendants SAMMY KNOX, ANTHONY SUMNER, HARRY EVANS, JACKIE CLAY, and others known and unknown to the Grand Jury, went to an apartment located at 727 East 38th Street in Chicago in order to kill a rival drug dealer named Michael Connors.

  (21) It was further part of the conspiracy that on May 12, 1974, members of the enterprise, including defendants SAMMY KNOX, ANTHONY SUMNER, HARRY EVANS, JACKIE CLAY, and others known and unknown to the Grand Jury, shot and killed Gilbert Connors, the brother of Michael Connors, at 727 East 38th Street, Chicago.

  (22) It was further part of the conspiracy that on May 22, 1974, in order to avoid prosecution for the murder of Gilbert Connors, members of the enterprise, including defendants SAMMY KNOX, ANTHONY SUMNER, HARRY EVANS, JACKIE CLAY, and others known and unknown to the Grand Jury, acting on the orders of Jeff Fort, shot and killed Gregory Freeman in an alley at 4014 S. Drexel Boulevard in Chicago, and blamed the murder on witnesses to the Gilbert Connors murder. Members of the enterprise subsequently persuaded the witnesses in the Gilbert Connors murder case to refuse to testify, and charges were dropped in both the Gilbert Connors and Gregory Freeman murder cases.

  (23) It was further part of the conspiracy that on or about November 29, 1974, members of the enterprise, including defendants ALAN KNOX, FELIX MAYES, ANDREW CRAIG, HARRY EVANS, and others known and unknown to the Grand Jury, acting on the orders of Jeff Fort, planned and carried out the murders of Willie McLilly and Roy Love, two of the "Main 21", in a car at 1000 E. 83rd Street in Chicago, because they were mishandling the narcotics proceeds of the enterprise and were viewed as disloyal to the enterprise.

  (24) It was further part of the conspiracy that in or about April 1976, Jeff Fort held a meeting for members of the enterprise at "The Camp" located at 4233 South Indiana Avenue in Chicago at which Fort changed the name of the enterprise from the Black P Stone Nation to the El Rukns, declared himself the sole leader of the El Rukn organization, and stated his intention to kill Mickey "Mouse" Cogwell, a former "Main 21" of the organization, because he viewed Cogwell as disloyal.

  (25) It was further part of the conspiracy that on or about August 8, 1976, members of the enterprise held the first "Feast Day" of the El Rukn Nation in Milwaukee, Wisconsin. Jeff Fort selected August 8 as the date of the annual "Feast Day" in order to commemorate the anniversary of the planning of Chicago Police Officer James Alfono's murder.

  (26) It was further part of the conspiracy that on February 25, 1977, Jeff Fort, and defendant FELIX MAYES, and others known and unknown to the Grand Jury, shot and killed Mickey "Mouse" Cogwell at 7820 S. Seeley Avenue in Chicago.

  (27) It was further part of the conspiracy that from in and about August 1977 to on or about September 1, 1977, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to murder Audrina Thomas, a witness against El Rukn Generals Orville Miller and Rudy Bell, who were charged with the murder of Tyrone Smith.

  (28) It was further part of the conspiracy that on September 1, 1977, defendants WILLIAM DOYLE, HENRY ANDREWS, GEORGE CARTER and others known and unknown to the Grand Jury, acting on the orders of Jeff Fort, shot and killed Rowena James, the sister of Audrina Thomas, in a car at 9801 S. Wentworth Avenue in Chicago, in the mistaken belief that they were killing Audrina Thomas.

  (29) It was further part of the conspiracy that on March 12, 1980, defendant DERRICK KEES, and another known to the Grand Jury, acting on the orders of Jeff Fort, shot and killed Douglas Ellison, also known as "Stash", at 6812 S. East End Avenue in Chicago, in a dispute involving a narcotics debt which Ellison owed to Jeff Fort and the El Rukn organization.

  (30) It was further part of the conspiracy that from in and about June 1980 to on or about June 17, 1980, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to murder Lemont Timberlake, a rival drug dealer in the area of 39th Street and S. Drexel Boulevard in Chicago, because he was interfering with El Rukn narcotics sales in that area.

  (31) It was further part of the conspiracy that on June 17, 1980, members of the enterprise known and unknown to the Grand Jury, acting on the orders of Jeff Fort, shot and killed Lemont Timberlake in a vacant lot at 748 East Oakwood Boulevard in Chicago.

  (32) It was further part of the conspiracy that from in or about April 1981 to in or about January 1983, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to shoot and skill leaders, members, and associates of the Titanic Stones, a rival gang of the El Rukns, as a result of a continuing dispute involving narcotics sales in the area of 43rd Street and South Indiana Avenue in Chicago. On or about June 15, 1981, Jeff Fort conducted a meeting in an apartment at 6417 South Kenwood Avenue in Chicago during which he ordered defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, DERRICK PORTER, ANTHONY SUMNER, and Ray Ferguson, to drive to the Fountainhead Lounge at 116 East 43rd Street in Chicago and to shoot and kill all members of the Titanic Stones at that location.

  (33) It was further part of the conspiracy that on June 15, 1981, defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, DERRICK PORTER, ANTHONY SUMNER, and Ray Ferguson, acting on the orders of Jeff Fort, drove to the Fountainhead Lounge at 116 East 43rd Street in Chicago and shot and killed Willie Bibbs, a member of the Titanic Stones also known as "Dollar Bill".

  (34) It was further part of the conspiracy that in or about December 1981, members of the El Rukn organization stalked Barnett Hall, a drug dealer affiliated with the Titanic Stones who operated from a building located at 6146 South Kenwood Avenue in Chicago, with the intention to shoot and kill him.

  (35) It was further part of the conspiracy that on December 23, 1981, defendants DERRICK KEES and ANTHONY SUMNER, acting on the orders of Jeff Fort, shot and killed Barnett Hall in front of his building at 6146 South Kenwood Avenue in Chicago.

  (36) It was further part of the conspiracy that from in and about January 1, 1982 through on or about January 7, 1982, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to shoot and kill Bruce Davis, a rival drug dealer in the area of 39th Street and South Drexel Boulevard in Chicago, in order to consolidate the enterprise's narcotics operations and control over that area. Members of the enterprise, including defendants DERRICK KEES, ANTHONY SUMNER, and WILLIAM DOYLE, thereafter stalked Bruce Davis with the intention to shoot and kill him.

  (37) It was further part of the conspiracy that on January 7, 1982, defendants HARRY EVANS, JACKIE CLAY, and Alvin Toney, acting on the orders of Jeff Fort, shot and attempted to kill Bruce Davis and Sheila Davis, his companion, in a car at 3555 South Cottage Grove Avenue in Chicago.

  (38) It was further part of the conspiracy that on January 23, 1983, defendants WILLIAM DOYLE, JACKIE CLAY, DERRICK KEES, J. L. HOUSTON, EDGAR COOKSEY, and Alvin Toney and Ray Ferguson, acting on the orders of Jeff Fort, followed George Thomas, a leader of the Titanic Stones also known as "Duke", from the area of the Home of The Champs Pool Hall on E. 43rd Street in Chicago to 5642 South Michigan Avenue in Chicago, with the intention to shoot and kill him.

  (39) It was further part of the conspiracy that on January 23, 1983, defendants WILLIAM DOYLE, JACKIE CLAY, DERRICK KEES, J. L. HOUSTON, EDGAR COOKSEY, and Ray Ferguson and Alvin Toney, acting on the orders of Jeff Fort, shot and killed Charmaine Nathan and shot and attempted to kill Sheila Jackson in a car at 5642 South Michigan Avenue in Chicago, in the mistaken belief that their intended target, George "Duke" Thomas, was in the car with them.

  (40) It was further part of the conspiracy that from in or about February 1, 1983 to on or about February 13, 1983, Jeff Fort and a number of his top Generals and Officers agreed to shoot and kill Chalmers Tyler, a rival drug dealer in the area of 63rd Street and South Kenwood Avenue in Chicago. Pursuant to this agreement, hitmen for the enterprise, including defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, ANTHONY SUMNER, and J. L. HOUSTON stalked Chalmers Tyler with the intention to murder him.

  (41) It was further part of the conspiracy that on February 13, 1983, defendants EARL HAWKINS and J. L. HOUSTON, acting on the orders of Jeff Fort, shot and killed Chalmers Tyler at 6450 S. Kenwood Avenue in Chicago.

  (42) It was further part of the conspiracy that from in or about February 1983 to on or about February 23, 1983, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to shoot and kill Melvin and Jerry Ewing, whom they believed to be responsible for the 1981 murder of Carl Taylor, an El Rukn General also known as "Popcorn". Hitmen for the enterprise, including defendants WILLIAM DOYLE, ANTHONY SUMNER, and SAMMY KNOX, stalked the Ewing brothers in order to set up their murder.

  (43) It was further part of the conspiracy that on February 23, 1983, defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, HARRY EVANS, and JACKIE CLAY, acting on the orders of Jeff Fort, shot and attempted to murder Jerry Little and Phillip Steele in a car at 79th Street and South Essex Avenue in Chicago, in the mistaken belief that they were shooting Melvin and Jerry Ewing in retaliation for the murder of Carl Taylor.

  (44) It was further part of the conspiracy that in about April 1983, defendant WILLIAM DOYLE and another known to the Grand Jury, acting at the direction of Jeff Fort, travelled to Tupelo, Mississippi and engaged in a narcotics transaction with an undercover Mississippi Bureau of Narcotics Agent. After Jeff Fort, and defendant WILLIAM DOYLE, and another known to the Grand Jury were arrested and charged with various narcotics-related offenses as a result of this transaction, Jeff Fort was incarcerated at the Cook County Jail from in and about June 1983 to in and about August 1983, and members of the enterprise sought to raise money for his bond from narcotics dealers and other individuals.

  (45) It was further part of the conspiracy that from in or about May 1983 to on or about June 21, 1983, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to shoot and kill Ronald Bell, a rival gang member who they believed to be responsible for the murder of Thomas Pearson, an El Rukn member also known as "Wild Child".

  (46) It was further part of the conspiracy that on or about June 21, 1983, defendants DERRICK KEES, EARL HAWKINS, and J. L. HOUSTON, acting on the orders of Jeff Fort, shot and killed Ronald Bell at 315 W. 88th Street in Chicago in retaliation for the murder of El Rukn member Thomas "Wild Child" Pearson.

  (47) It was further part of the conspiracy that in about July 1983, defendant NOAH ROBINSON proposed to Jeff Fort and other leaders of the El Rukn organization that the enterprise begin acquiring large amounts of cocaine from Thomas Allen Burnside, an associate of NOAH ROBINSON's from the Greenville, South Carolina area who had been selling and distributing cocaine in Boston, Massachusetts; Bridgeport, Connecticut; and New York, New York. Jeff Fort agreed with this proposal, and the El Rukn organization acquired and purchased approximately a kilogram of cocaine each month from Thomas Allen Burnside from approximately the summer of 1983 through in or about December 1984.

  (48) It was further part of the conspiracy that when Jeff Fort began serving his federal prison sentence in December 1983 as a result of his conviction on narcotics charges in the Federal District Court for the Northern District of Mississippi, he began running and controlling the daily activities of the enterprise, including narcotics trafficking and murder, over the telephones in coded conversations with other leaders of the enterprise.

  (49) It was further part of the conspiracy that in about early 1984, the enterprise began purchasing large quantities of cocaine in Chicago from Alexander "Ghost" Cooper on a regular basis and distributing it on the streets of Chicago and Milwaukee.

  (50) It was further part of the conspiracy that from in or about April 1984 to on or about April 28, 1984, Jeff Fort and the top Generals and Officers of the El Rukn organization agreed to shoot and kill Jerome Smith, also known as "Fuddy", who was the leader of a rival gang known as the "Black Gangster Goon Squad", in order to consolidate the enterprise's territorial and narcotics control in the area of 39th Street and South Drexel Boulevard in Chicago. Members of the El Rukn hit team, including defendants DERRICK KEES, ANTHONY SUMNER, and EARL HAWKINS, stalked Jerome Smith in the area of 706 East 39th Street in Chicago with the intention to shoot and kill him.

  (51) It was further part of the conspiracy that on April 28, 1984, defendants EARL HAWKINS, GEORGE CARTER, HENRY ANDREWS, and Nathson Fields, acting on the orders of Jeff Fort, shot and killed Jerome "Fuddy" Smith and Talman Hickman in the breezeway of a building located at 706 East 39th Street in Chicago.

  (52) It was further part of the conspiracy that in about January 1985, defendant NOAH ROBINSON arranged the introduction of defendants HENRY LEON HARRIS and MELVIN MAYES to Codell Griffin, also known as "Cody", and Harold Jones, also known as "Ketchup", in New York City for the purpose of acquiring large amounts of heroin for the enterprise. During 1985, the enterprise purchased large amounts of heroin from Cody Griffin and Harold Jones in New York in order to sell and distribute it in Chicago.

  (53) It was further part of the conspiracy that in about January 1985, Alexander Cooper proposed to Jeff Fort and the top Generals and Officers of the El Rukn organization that he supply the enterprise with large quantities of heroin in exchange for one-half of the profits from the sale of the heroin by members of the enterprise, and that members of the El Rukns provide him with protection. Jeff Fort and Alexander Cooper became partners in the distribution of heroin through members of the enterprise.

  (54) It was further part of the conspiracy that in approximately February 1985, Jeff Fort and Alexander Cooper formed members of the enterprise into a group which they code named the "Gorilla Family" for the purpose of selling and distributing heroin in Chicago. In addition to Jeff Fort and Alexander Cooper, the leaders of the "Gorilla Family" were defendants HENRY LEON HARRIS, MELVIN MAYES, DERRICK KEES, CHARLES GREEN, and SAMMY KNOX. In order to conceal the fact that the enterprise was engaged in large-scale heroin sales on the streets of Chicago, members of the "Gorilla Family" adopted code names which were different from their real and El Rukn names.

  (55) It was further part of the conspiracy that in about March 1985, the "Gorilla Family" began distributing large quantities of heroin throughout the south and west sides of Chicago, including the area of 67th Street and South Stony Island Avenue.

  (56) It was further part of the conspiracy that in about March 1985, Jeff Fort had a conversation with Tredis Murray and Herman "Moose" Jackson, former Generals of the El Rukn organization who had formed their own gang known as the "King Cobras", in which they agreed that the "King Cobras" could continue to sell heroin in the area of 67th Street and South Blackstone Avenue in Chicago as long as the "King Cobras" did not interfere or compete with the heroin sales by the "Gorilla Family" in the nearby area of 67th Street and South Stony Island Avenue.

  (57) It was further part of the conspiracy that in about April 1985, there was a dispute between members of the El Rukn organization, including members of the "Gorilla Family", and the leaders and members of the "King Cobras", over the sale of heroin in the areas of 67th Street and South Stony Island Avenue.

  (58) It was further part of the conspiracy that in about April 1985, Jeff Fort ordered members of the enterprise, including members of the "Gorilla Family", to shoot Theotis "T" Clark, a former El Rukn General who had become a member of the "King Cobras", as a warning to Tredis Murray and Herman "Moose" Jackson and other leaders and members of the "King Cobras" that the "King Cobras" should stop selling heroin in the area of 67th Street and South Stony Island Avenue in Chicago.

  (59) It was further part of the conspiracy that on April 23, 1985, defendants DERRICK KEES, ANDREW CRAIG, EDGAR COOKSEY, and CHARLES GREEN, acting on the orders of Jeff Fort, shot Theotis Clark at 67th Street and South Blackstone Avenue in Chicago as a warning to Tredis Murray and Herman "Moose" Jackson and the "King Cobras" to stop selling heroin in the area of 67th Street and South Stony Island Avenue in Chicago.

  (60) It was further part of the conspiracy that in April 1985, Jeff Fort ordered members of the enterprise, including members of the "Gorilla Family", to shoot and kill Tredis Murray, Herman "Moose" Jackson, Andre Chalmers, Rico Chalmers, and other leaders and members of the "King Cobras" as a means of ending the dispute with the "King Cobras" over heroin sales in the area of 67th Street and South Stony Island Avenue in Chicago.

  (61) It was further part of the conspiracy that in April 1985, members of the enterprise, including members of the "Gorilla Family", acting on the orders of Jeff Fort, drove in teams throughout the city of Chicago in efforts to locate and kill Tredis Murray, Herman "Moose" Jackson, Andre Chalmers, Rico Chalmers, and other members and leaders of the "King Cobras" in order to consolidate the control of the enterprise over narcotics trafficking in the area of 67th Street and South Stony Island Avenue, and 54th Street and South Bishop Avenue in Chicago.

  (62) It was further part of the conspiracy that on April 27, 1985, members of the enterprise, including defendant ANDREW CRAIG, and Andrew Fort, David Carter, and others known and unknown to the Grand Jury, acting under the direction of defendant CHARLES GREEN, shot and killed Robert Jackson, also known as "Dog" and the brother of "King Cobra" leader Herman "Moose" Jackson, at 1521 East 67th Street in Chicago.

  (63) It was further part of the conspiracy that on April 30, 1985, members of the enterprise, including defendants ALAN KNOX and JEFF BOYD, and James Walker, Roderick Haygood, Robert Johnson, and others known and unknown to the Grand Jury, shot and killed Rico Chalmers, Glendon McKinley, and Vicki Nolden, and attempted to murder Andre Chalmers, in front of Lanagan's Lounge at 5428 South Halsted Street in Chicago, in order to consolidate the control of the enterprise over narcotics trafficking in the area of 54th Street and South Bishop Avenue in Chicago.

  (64) It was further part of the conspiracy that in and about April 1985, members of the enterprise who had been participants in various shootings and murders on behalf of the enterprise, including defendants EARL HAWKINS, ANTHONY SUMNER, J. L. HOUSTON, and James Walker, Alvin Toney, and Andrew Fort, were driven by other members of the enterprise, including defendant EDWARD WILLIAMS, and Stanley Hagler and Herbert Dinkins, first to Milwaukee, Wisconsin and then to East Cleveland, Ohio in order to avoid capture by law enforcement authorities in Chicago. While in Milwaukee, Wisconsin and East Cleveland, Ohio the members of the enterprise who had fled Chicago hid out in "safe houses" in order to avoid capture by law enforcement authorities.

  (65) It was further part of the conspiracy that on or about July 20, 1985, members of the enterprise intimidated a witness against James Walker in the triple murder of Rico Chalmers, Vicki Nolden, and Glendon McKinley into giving a false statement regarding James Walker's commission of the triple murder.

  (66) It was further part of the conspiracy that on or about August 27, 1985, defendant SAMMY KNOX ordered defendant ANTHONY SUMNER, who had begun cooperating with and providing information to law enforcement officials regarding murders and narcotics dealing by members of the enterprise, to provide a false statement regarding James Walker's commission of the triple murders of Rico Chalmers, Vicki Nolden, and Glendon McKinley in which SUMNER stated that he had been threatened and forced to cooperate and provide information by law enforcement officials.

  (67) It was further part of the conspiracy that on September 9, 1985, defendant SAMMY KNOX ordered defendant ANTHONY SUMNER to provide another false statement regarding the commission by defendants EARL HAWKINS, GEORGE CARTER, HENRY ANDREWS, and Nathson Fields of the double murder of Jerome "Fuddy" Smith and Talman Hickman, in which SUMNER stated that he had been threatened and forced to cooperate and provide information by law enforcement officials.

  (68) It was further part of the conspiracy that in about the summer of 1985, defendants HENRY LEON HARRIS, MELVIN MAYES, and NOAH ROBINSON met with Damon Williams, also known as "Homey", in Greenville, South Carolina and arranged and agreed that the enterprise would begin purchasing kilogram-quantity amounts of cocaine on a regular basis from "Homey" and another known to the Grand Jury. During the period from about October 1985 through about December 1987, the enterprise purchased kilogram-quantities of cocaine on an approximately monthly basis from Damon "Homey" Williams for re-sale in Chicago.

  (69) It was further part of the conspiracy that in about October 1985, defendant NOAH ROBINSON directed defendant EUGENE HUNTER to follow Robert Peter Aulston to and from Aulston's business offices in Chicago.

  (70) It was further part of the conspiracy that on or about November 11, 1985, defendant NOAH ROBINSON met with defendants HENRY LEON HARRIS and EUGENE HUNTER at 10910 South Michigan Avenue in Chicago, and told HARRIS and HUNTER to seek Jeff Fort's approval to have members of the enterprise travel immediately to Dallas, Texas in order to murder Robert Peter Aulston for the sum of $ 10,000.

  (71) It was further part of the conspiracy that on November 11, 1985, in a telephone conversation from Bastrop Federal Correctional Institution where Jeff Fort was incarcerated to the El Rukn headquarters at the "Fort" in Chicago, Jeff Fort approved and ordered defendants HENRY LEON HARRIS and DERRICK KEES to travel immediately to Dallas, Texas in order to murder Robert Peter Aulston in consideration for the payment of $ 10,000 by defendant NOAH ROBINSON.

  (72) It was further part of the conspiracy that on or about November 12, 1985, defendants HENRY LEON HARRIS and DERRICK KEES, acting on the orders of Jeff Fort, traveled from Chicago, Illinois to Dallas, Texas for the purpose of murdering Robert Peter Aulston.

  (73) It was further part of the conspiracy that on or about November 13, 1985, in a telephone conversation between Bastrop Federal Correctional Institution in Texas and "The Fort" in Chicago, Jeff Fort told defendant EUGENE HUNTER to inform defendants HENRY LEON HARRIS and DERRICK KEES to return to Chicago because it was more practical to kill Robert Peter Aulston once he had returned to Chicago from Dallas, Texas.

  (74) It was further part of the conspiracy that on or about November 14, 1985, defendants HENRY LEON HARRIS and DERRICK KEES returned to Chicago from Dallas, Texas on Jeff Fort's orders.

  (75) It was further part of the conspiracy that on or about December 24, 1985, defendant NOAH ROBINSON met with defendants HENRY LEON HARRIS and EUGENE HUNTER at 10842 South Michigan Avenue in Chicago, and told HARRIS and HUNTER to seek Jeff Fort's approval to have members of the enterprise travel immediately to Greenville, South Carolina in order to murder Leroy Barber, also known as "Hambone", for the sum of $ 10,000.

  (76) It was further part of the conspiracy that on or about December 26, 1985, in a telephone conversation from Bastrop Federal Correctional Institution in Bastrop, Texas to "The Fort" in Chicago, Jeff Fort approved and ordered members of the enterprise to travel to Greenville, South Carolina in order to murder Leroy "Hambone" Barber in consideration for the payment of $ 10,000 by defendant NOAH ROBINSON.

  (77) It was further part of the conspiracy that on or about December 26, 1985, defendants HENRY LEON HARRIS, MELVIN MAYES, EUGENE HUNTER, and JACKIE CLAY, acting on the orders of Jeff Fort, drove from Chicago, Illinois to Greenville, South Carolina in order to locate and murder "Hambone" Barber in consideration for the payment of $ 10,000 by defendant NOAH ROBINSON.

  (78) It was further part of the conspiracy that between on or about December 27, 1985 and December 29, 1985, defendants HENRY LEON HARRIS, MELVIN MAYES, EUGENE HUNTER and JACKIE CLAY attempted to locate and murder "Hambone" Barber in Greenville, South Carolina.

  (79) It was further part of the conspiracy that on or about December 29, 1985, defendants HENRY LEON HARRIS, MELVIN MAYES, EUGENE HUNTER, and JACKIE CLAY returned to Chicago from Greenville, South Carolina after having unsuccessfully attempted to locate and murder "Hambone" Barber.

  (80) It was further part of the conspiracy that on or about January 1, 1986, Jeff Fort ordered a second "hit team" comprised of defendants ALAN KNOX, EDGAR COOKSEY, JACKIE CLAY, and EUGENE HUNTER to drive from Chicago, Illinois to Greenville, South Carolina in order to locate and murder "Hambone" Barber as consideration for the payment of $ 10,000 by defendant NOAH ROBINSON.

  (81) It was further part of the conspiracy that on or about January 1, 1986, defendants ALAN KNOX, EDGAR COOKSEY, JACKIE CLAY, and EUGENE HUNTER, acting on the orders of Jeff Fort, drove from Chicago, Illinois to Greenville, South Carolina in order to locate and murder "Hambone" Barber.

  (82) It was further part of the conspiracy that on or about January 2, 1986, defendants EUGENE HUNTER and JACKIE CLAY received a car in Greenville, South Carolina from a person known to the Grand Jury at the direction of defendant NOAH ROBINSON, in order to facilitate the murder of "Hambone" Barber.

  (83) It was further part of the conspiracy that on January 3, 1986, defendants ALAN KNOX, EDGAR COOKSEY, EUGENE HUNTER, and JACKIE CLAY, acting on the orders of Jeff Fort and as consideration for the payment of $ 10,000 by defendant NOAH ROBINSON, located, shot, and killed "Hambone" Barber in the courtyard of the "Robinson Building" on Broad Street in Greenville, South Carolina.

  (84) It was further part of the conspiracy that on or about January 3, 1986, defendants ALAN KNOX, EDGAR COOKSEY, EUGENE HUNTER, and JACKIE CLAY returned to Chicago, Illinois from Greenville, South Carolina, in the car they had obtained in Greenville, South Carolina.

  (85) It was further part of the conspiracy that on or about January 7, 1986, defendant NOAH ROBINSON directed a person known to the Grand Jury to return the South Carolina car by driving it from Chicago, Illinois to Greenville, South Carolina.

  (86) It was further part of the conspiracy that in early January 1986, defendant NOAH ROBINSON paid $ 10,000 to Jeff Fort in consideration for the murder of Leroy "Hambone" Barber in Greenville, South Carolina on January 3, 1986.

  (87) It was further part of the conspiracy that defendants ALAN KNOX, EDGAR COOKSEY, EUGENE HUNTER, and JACKIE CLAY each received $ 500 at Jeff Fort's direction for participating in the murder of Leroy "Hambone" Barber.

  (88) It was further part of the conspiracy that between March and July 1986, Jeff Fort directed defendant MELVIN MAYES, and others known and unknown to the Grand Jury, to make contact with representatives of the Government of Libya on behalf of the El Rukn organization.

  (89) It was further part of the conspiracy that between March and July 1986, Jeff Fort directed defendant MELVIN MAYES, and others known and unknown to the Grand Jury, to obtain and attempt to obtain money from representatives of the Government of Libya for the El Rukn organization.

  (90) It was further part of the conspiracy that between March and July 1986, Jeff Fort directed defendant MELVIN MAYES, and others known and unknown to the Grand Jury, to travel in interstate and foreign commerce in order to meet with and obtain money from representatives of the Government of Libya on behalf of the El Rukn organization.

  (91) It was further part of the conspiracy that between March and July 1986, Jeff Fort directed that defendant MELVIN MAYES, and others known and unknown to the Grand Jury, agree to perform a violent act or violent acts in the United States on behalf of or at the direction of representatives of the Government of Libya.

  (92) It was further part of the conspiracy that between March and July 1986, Jeff Fort directed that defendants MELVIN MAYES and ALAN KNOX, and others known and unknown to the Grand Jury, obtain and maintain automatic weapons for the El Rukn organization.

  (93) It was further part of the conspiracy that in June 1986, Jeff Fort directed defendants MELVIN MAYES and ALAN KNOX, and others known and unknown to the Grand Jury, to obtain and maintain weapons and explosives, including hand grenades, fully automatic rifles, machine guns, machine pistols, silencers and M-72 Series Light Anti-Tank Weapons, commonly referred to as LAW rockets, for the El Rukn organization.

  (94) It was further part of the conspiracy that on or about June 20, 1986, defendant ALAN KNOX met with undercover FBI Agent Willie T. Hulon and another individual at the Southern Girl Lounge at 116 East 39th Street, in Chicago, Illinois, and discussed purchasing M-72 Series Light Anti-Tank Weapons, commonly referred to as LAW rockets, and bullet proof vests.

  (95) It was further part of the conspiracy that on or about June 21, 1986, defendant ALAN KNOX met with Agent Hulon and another individual near 39th Street and Drexel Boulevard, in Chicago, Illinois, and KNOX advised Agent Hulon he was still interested in purchasing the LAW rockets and bullet proof vests.

  (96) It was further part of the conspiracy that on or about June 24, 1986, defendant ALAN KNOX met with Agent Hulon and another individual at the Southern Girl Lounge, 116 East 39th Street, in Chicago, and discussed purchasing five LAW rockets and ten bullet proof vests.

  (97) It was further part of the conspiracy that on or about July 10, 1986, at Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon concerning the purchase of several LAW rockets, night vision glasses, and bullet proof vests.

  (98) It was further part of the conspiracy that on or about July 17, 1986, at Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon and another individual concerning the purchase of two LAW rockets.

  (99) It was further part of the conspiracy that on or about July 22, 1986, at Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon and another individual concerning the purchase of two LAW rockets.

  (100) It was further part of the conspiracy that on or about July 29, 1986, at approximately 2:35 p.m. at Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon concerning the purchase of two LAW rockets for $ 1,850 each.

  (101) It was further part of the conspiracy that on or about July 31, 1986, at approximately 4:16 p.m. at Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon and another individual concerning the purchase of two LAW rockets from Agent Hulon.

  (102) It was further part of the conspiracy that on or about July 31, 1986, from approximately 5:04 p.m. to 6:06 p.m., Jeff Fort and defendants MELVIN MAYES and ALAN KNOX had a telephone conversation between Bastrop, Texas and Chicago, Illinois concerning the purchase of two LAW rockets.

  (103) It was further part of the conspiracy that on or about July 31, 1986, at approximately 6:48 p.m. defendants MELVIN MAYES and ALAN KNOX met with Agent Hulon and undercover FBI Agent James W. Cross and another individual at Room 281 of the Holiday Inn in Lansing, Illinois, and discussed the purchase of two LAW rockets that evening from Agent Hulon. MAYES and KNOX also discussed purchasing hand grenades, bullet proof vests, automatic weapons and silencers from Agent Hulon in the future.

  (104) It was further part of the conspiracy that on or about July 31, 1986, at approximately 7:06 p.m. defendant MELVIN MAYES left Room 281 at the Holiday Inn in Lansing, Illinois and drove to Chicago, Illinois.

  (105) It was further part of the conspiracy that on or about July 31, 1986, at approximately 8:56 p.m. defendant ALAN KNOX placed a telephone call from Room 281 at the Holiday Inn at Lansing, Illinois to the El Rukn headquarters at 3947-3949 South Drexel Boulevard, in Chicago, Illinois and had a conversation with defendant MELVIN MAYES concerning whether or not Agents Hulon and Cross were undercover law enforcement officers.

  (106) It was further part of the conspiracy that on or about July 31, 1986, at approximately 10:11 p.m. defendant MELVIN MAYES returned to Room 281 at the Holiday Inn at Lansing, Illinois, and discussed how the purchase of the LAW rockets from Agent Hulon was to proceed.

  (107) It was further part of the conspiracy that on or about July 31, 1986, at approximately 10:24 p.m. defendant MELVIN MAYES and another individual left Room 281 at the Holiday Inn at Lansing, Illinois and met with Roosevelt Hawkins in the parking lot of the Holiday Inn, in Lansing, Illinois and obtained approximately $ 1,850 from Roosevelt Hawkins.

  (108) It was further part of the conspiracy that on or about July 31, 1986, at approximately 10:28 p.m. defendant MELVIN MAYES and another individual returned to Room 281 of the Holiday Inn in Lansing, Illinois and defendant MELVIN MAYES instructed the other individual to give approximately $ 1,900 to Agents Hulon and Cross in payment for the purchase of one M-72 Series Light Anti-Tank Weapon.

  (109) It was further part of the conspiracy that on or about July 31, 1986, between approximately 10:26 p.m. and 10:42 p.m. Jeff Fort had a telephone conversation with defendants MELVIN MAYES and ALAN KNOX at Lansing, Illinois concerning the purchase of the LAW rocket from Agent Hulon.

  (110) It was further part of the conspiracy that on or about July 31, 1986, at approximately 10:55 p.m. defendants MELVIN MAYES, ALAN KNOX and Roosevelt Hawkins transported one inert M-72 Series Light Anti-Tank Weapon from the Holiday Inn, at Lansing, Illinois to the residence of Tramell Davis, known as the Hut, located at 6414-16 South Kenwood Avenue, in Chicago, Illinois.

  (111) It was further part of the conspiracy that on or about July 31, 1986, at approximately 11:30 p.m. defendant MELVIN MAYES and others known and unknown to the Grand Jury, secreted the inert M-72 Series Light Anti-Tank Weapon in the basement of the Hut, at 6414-16 South Kenwood Avenue, in Chicago, Illinois.

  (112) It was further part of the conspiracy that on or about August 4, 1986, in Chicago, Illinois defendant ALAN KNOX had a telephone conversation with Agent Hulon, and discussed the purchase of hand grenades from Agent Hulon.

  (113) It was further part of the conspiracy that on or about August 5, 1986, Jeff Fort and defendants MELVIN MAYES and ALAN KNOX, and others known and unknown to the Grand Jury, possessed one inert LAW rocket, two automatic weapons, a silencer and other weapons at 6414-16 South Kenwood Avenue, in Chicago, Illinois.

  (114) It was further part of the conspiracy that the conspirators intended to damage and destroy, through the use of fire and explosives, buildings, property, and other real and personal property on behalf of or at the direction of representatives of the Government of Libya.

  (115) It was further part of the conspiracy that from in or about April 1986 to in or about June 1986, members of the enterprise, including defendants HENRY LEON HARRIS, ALAN KNOX, MELVIN MAYES, and David Hobbs and Ervin Lee, and others known and unknown to the Grand Jury, traveled to the states of Florida and South Carolina in order to arrange and conduct narcotics transactions with Michael Anderson, C. D. Jackson, and Damon Williams.

  (116) It was further part of the conspiracy that during May and June 1986, Michael Anderson and C. D. Jackson traveled from Florida to Chicago, and Damon Williams traveled from South Carolina to Chicago, for the purpose of conducting narcotics transactions with other members of the enterprise.

  (117) It was further part of the conspiracy that in June 1986, Jeff Fort directed defendants ALAN KNOX, MELVIN MAYES, and others known and unknown to the Grand Jury, to provide approximately $ 15,000 in narcotics proceeds to an attorney pursuant to a plan to bribe and attempt to bribe a judge.

  (118) It was further part of the conspiracy that on or about June 17, 1986, defendant ALAN KNOX, acting at the direction of Jeff Fort, gave approximately $ 10,000 in narcotics proceeds to an attorney, pursuant to a plan to bribe and attempt to bribe a Cook County Circuit Court judge.

  (119) It was further part of the conspiracy that on or about December 14, 1986, members of the enterprise including David Carter intimidated and threatened Patricia McKinley into falsely stating that defendant SAMMY KNOX was not involved in the murder of Maurice Coleman.

  (120) It was further part of the conspiracy that on or about December 15, 1986, members of the enterprise including defendant SAMMY KNOX threatened and ordered Patricia McKinley to leave Chicago so that she would not be available to testify against SAMMY KNOX and others in the Maurice Coleman murder trial in the Circuit Court of Cook County, Illinois.

  (121) It was further part of the conspiracy that on or about December 15, 1986, members of the enterprise including defendant SAMMY KNOX forced Patricia McKinley to board a bus from Chicago to Selma, Alabama. The Maurice Coleman murder trial was continued for several weeks when Patricia McKinley was not available to testify.

  (122) It was further part of the conspiracy that between on or about January 4 and January 8, 1987, after Patricia McKinley had returned to Chicago, she was kidnapped and secretly confined against her will by force and the threat of imminent force by members of the enterprise including defendants SAMMY KNOX, JEFF BOYD, MICHAEL SARDIN, JAMES SPEIGHTS, and David Hobbs, so that she would not be able to testify in the continued Maurice Coleman murder trial.

  (123) It was further part of the conspiracy that in or about July 1987, Alexander Cooper solicited defendant DERRICK KEES to murder defendant HENRY LEON HARRIS in order to prevent HENRY LEON HARRIS from cooperating with law enforcement officials who were conducting an on-going federal grand jury investigation into the activities of the enterprise, including narcotics trafficking.

  (124) It was further part of the conspiracy that in August and September 1987, Jeff Fort ordered HENRY LEON HARRIS to approach federal law enforcement officials engaged in the prosecution of Jeff Fort, defendant ALAN KNOX and others known to the Grand Jury for offenses stemming from the purchase of the LAW rocket, in order to obtain information from and provide false information to said federal law enforcement officials.

  (125) It was further part of the conspiracy that in August and September 1987, defendant HENRY LEON HARRIS met in Chicago on a number of occasions with federal law enforcement officials, pursuant to the orders of Jeff Fort.

  (126) It was further part of the conspiracy that on or about September 30, 1987, defendant NOAH ROBINSON met with defendant HENRY LEON HARRIS at a Wendy's Restaurant owned and operated by ROBINSON on West Madison Avenue in Chicago and offered to pay HARRIS approximately $ 15,000 to provide a false sworn statement denying that ROBINSON had any involvement in the enterprise's narcotics trafficking or the interstate murder-for-hire of Leroy "Hambone" Barber.

  (127) It was further part of the conspiracy that on or about September 30, 1987, defendant HENRY LEON HARRIS provided a false sworn statement in which he said that NOAH ROBINSON had no involvement in the enterprise's narcotics activities or the interstate murder-for-hire of Leroy "Hambone" Barber.

  (128) It was further part of the conspiracy that on October 7, 1987, the day after the trial of Jeff Fort, defendant ALAN KNOX, and others known to the Grand Jury began in the federal district court for the Northern District of Illinois, members of the enterprise fired several shots into the apartment of Della Davis at 3750 S. Ellis Avenue in Chicago in order to threaten and intimidate Tramell Davis, the son of Della Davis and a former El Rukn General cooperating in the prosecution of Jeff Fort, ALAN KNOX and others on federal criminal charges stemming from the LAW rocket purchase, with the intention to prevent Tramell Davis from testifying against Jeff Fort, ALAN KNOX, and others in said prosecution and trial.

  (129) It was further part of the conspiracy that on October 9, 1987, members of the enterprise, including defendants FELIX MAYES, LOUIS HOOVER, and Louis Lomas, invaded and fired numerous shots in Hank's Funhouse Tap in Milwaukee, Wisconsin, which was owned by the father of defendant HENRY LEON HARRIS, in order to threaten, intimidate and prevent HENRY LEON HARRIS from communicating to law enforcement officers information relating to the commission and possible commission of Federal offenses by the enterprise and its members, including trafficking in narcotics and controlled substances and the interstate murder-for-hire of Leroy "Hambone" Barber.

  (130) It was further part of the conspiracy that on October 12, 1987, members of the enterprise, including Michael Joiner and Victor Johnson, shot and wounded Thelma Tetter outside her apartment at 3816 South Lake Park Avenue in Chicago, Thelma Tetter being the mother of defendant ANTHONY SUMNER, a former El Rukn Officer who since May 1985 had been cooperating with law enforcement officials regarding the illegal activities of the enterprise, including narcotics trafficking and murders committed by members of the enterprise.

  (131) It was further part of the conspiracy that on October 19, 1987, members of the enterprise including Virn Polk shot and wounded Christine and Virginia Louis at 727 East 39th Street in Chicago, Christine and Virginia Louis being the sisters-in-law of Tramell Davis, a former El Rukn General who was then testifying as a government witness in the federal trial of Jeff Fort, defendant ALAN KNOX, and others known to the Grand Jury that was being conducted in the federal district court for the Northern District of Illinois, in order to threaten, intimidate, and prevent Tramell Davis from continuing to testify in said trial and prosecution.

  (132) It was further part of the conspiracy that in October 1987, defendant NOAH ROBINSON traveled from Chicago, Illinois to Greenville, South Carolina, where he solicited and hired defendant FREDDIE ELWOOD SWEENEY to murder Janice Denise Rosemond, also known as "Nicee", a witness to the slaying of Leroy "Hambone" Barber who had appeared before the Federal Grand Jury in the Northern District of Illinois in August 1987, in order to retaliate against Janice Denice Rosemond for said grand jury appearance and to prevent her from providing further information and testimony against members of the enterprise involved in the murder of Leroy "Hambone" Barber.

  (133) It was further part of the conspiracy that between October 1987 and December 4, 1987, defendants NOAH ROBINSON and FREDDIE ELWOOD SWEENEY had a number of telephone conversations in which they discussed their plan to murder Janice Denise Rosemond.

  (134) It was further part of the conspiracy that on December 4, 1987, in Greenville, South Carolina, defendant FREDDIE ELWOOD SWEENEY stabbed and attempted to murder Janice Denise Rosemond, also known as "Nicee", in consideration for a promise by defendant NOAH ROBINSON to pay SWEENEY $ 5,000. After the attempted murder, SWEENEY fled the state of South Carolina, first to Georgia, and then to Florida.

  (135) It was further part of the conspiracy that between December 4, 1987 and January 1, 1988, defendant FREDDIE ELWOOD SWEENEY had numerous telephone conversations with defendant NOAH ROBINSON and Jake Oliver while SWEENEY was fleeing and hiding out from law enforcement authorities following the stabbing of Janice Denise Rosemond.

  (136) It was further part of the conspiracy that between December 4, 1987 and January 1, 1988, defendant NOAH ROBINSON directed Jake Oliver to wire transfer money to defendant FREDDIE ELWOOD SWEENEY on numerous occasions while SWEENEY was fleeing and hiding from law enforcement officials in South Carolina, Georgia, and Florida following the attempted murder of Janice Denise Rosemond.

  (137) It was further part of the conspiracy that in or about early July 1988, defendants NOAH ROBINSON and DERRICK PORTER endeavored to obstruct the due administration of justice by planning to murder defendant HENRY LEON HARRIS in consideration for the payment of money from ROBINSON to PORTER, in order to prevent HARRIS from providing information to law enforcement officials regarding the commission of federal offenses by members of the enterprise, including narcotics trafficking and the interstate murder-for-hire of Leroy "Hambone" Barber.

  (138) It was further part of the conspiracy that in or about early July 1988, defendant NOAH ROBINSON solicited defendant JACKIE CLAY to murder defendant HENRY LEON HARRIS in consideration for the payment of money in order to prevent HARRIS from providing information to law enforcement officials regarding the commission of federal offenses by members of the enterprise, including narcotics trafficking and the interstate murder-for-hire of Leroy "Hambone" Barber.

  (139) It was further part of the conspiracy that on or about July 8, 1988, defendant NOAH ROBINSON had a conversation with defendant HENRY LEON HARRIS and corruptly persuaded and attempted to corruptly persuade HARRIS to leave the United States in consideration for the payment of money from NOAH ROBINSON, in order to prevent HARRIS from providing information to law enforcement officials about the commission of federal criminal offenses by members of the enterprise, including narcotics trafficking and the interstate murder-for-hire of Leroy "Hambone" Barber.

  (140) It was further part of the conspiracy that on or about July 9, 1988, defendant HENRY LEON HARRIS travelled from Chicago, Illinois to Washington, D.C. at the direction of defendant NOAH ROBINSON, and attempted to telephone ROBINSON in Greenville, South Carolina in order to arrange for the payment of money by ROBINSON.

  (141) It was further part of the conspiracy that between about July 11, 1988 and December 23, 1988, defendant NOAH ROBINSON on several occasions directed persons known to the Grand Jury to pay money to defendant JACKIE CLAY in order to help CLAY hide from law enforcement authorities and to prevent CLAY from communicating information to law enforcement authorities regarding the commission of federal offenses, including narcotics trafficking, the interstate murder-for-hire of Leroy "Hambone" Barber, and the solicitation to murder defendant HENRY LEON HARRIS.

  (142) It was further part of the conspiracy that in or about 1987 and 1988, defendant NOAH ROBINSON directly and indirectly arranged for defendants EUGENE HUNTER, HENRY LEON HARRIS, JACKIE CLAY, and EDGAR COOKSEY to provide written statements which falsely stated that NOAH ROBINSON was not involved in the interstate murder-for-hire of Leroy "Hambone" Barber.

  (143) It was further part of the conspiracy that on or about February 9, 1985, Paul Downie knowingly and intentionally did distribute approximately 0.69 grams of a mixture containing cocaine.

  (144) It was further part of the conspiracy that on or about February 13, 1985, Paul Downie knowingly and intentionally did distribute approximately 0.75 grams of a mixture containing cocaine.

  (145) It was further part of the conspiracy that on or about March 9, 1985, Michael Sing knowingly and intentionally did distribute approximately 2.40 grams of a mixture containing cocaine.

  (146) It was further part of the conspiracy that on or about April 1, 1985, Michael Sing and Dwayne Price knowingly and intentionally did distribute approximately 1.94 grams of a mixture containing cocaine.

  (147) It was further part of the conspiracy that on October 29, 1985, Reico Cranshaw knowingly and intentionally did distribute approximately 13.68 grams of a mixture containing cocaine.

  (148) It was further part of the conspiracy that on or about October 30, 1985, Darryl Lamb knowingly and intentionally did distribute approximately 0.53 grams of a mixture containing cocaine.

  (149) It was further part of the conspiracy that on or about January 7, 1986, Rocky Easton knowingly and intentionally did distribute approximately 0.70 grams of a mixture containing cocaine.

  (150) It was further part of the conspiracy that on or about January 9, 1986, Paul Downie knowingly and intentionally possessed with intent to distribute approximately 13.37 grams of a mixture containing cocaine.

  (151) It was further part of the conspiracy that on or about January 9, 1986, Herbert Dinkins knowingly and intentionally did distribute approximately 1.12 grams of a mixture containing cocaine.

  (152) It was further part of the conspiracy that on or about January 10, 1986, David Carter knowingly and intentionally did distribute approximately 0.83 grams of a mixture containing cocaine.

  (153) It was further part of the conspiracy that on or about April 2, 1986, Michael Herman knowingly and intentionally possessed with intent to distribute approximately 3.16 grams of a mixture containing cocaine.

  (154) It was further part of the conspiracy that on or about April 2, 1986, David Carter knowingly and intentionally did distribute approximately 1.13 grams of a mixture containing cocaine.

  (155) It was further part of the conspiracy that on or about May 1, 1986, Rocky Easton knowingly and intentionally did distribute approximately 0.28 grams of a mixture containing heroin and approximately 0.28 grams of a mixture containing cocaine.

  (156) It was further part of the conspiracy that on or about May 2, 1986, Bruce Collins knowingly and intentionally did distribute approximately 0.80 grams of a mixture containing cocaine.

  (157) It was further part of the conspiracy that on or about May 5, 1986, Bruce Collins knowingly and intentionally did distribute approximately 0.34 grams of a mixture containing cocaine.

  (158) It was further part of the conspiracy that on or about May 6, 1986, Bruce Collins knowingly and intentionally did distribute approximately 0.74 grams of a mixture containing heroin and approximately 0.10 grams of a mixture containing cocaine.

  (159) It was further part of the conspiracy that on or about May 8, 1986, Rocky Easton knowingly and intentionally did distribute approximately 0.59 grams of a mixture containing heroin and approximately 0.12 grams of a mixture containing cocaine.

  (160) It was further part of the conspiracy that on or about May 20, 1986, Michael Anderson knowingly and intentionally did distribute approximately 3000 grams of a mixture containing cocaine.

  (161) It was further part of the conspiracy that on or about May 24, 1986, Michael Anderson knowingly and intentionally did distribute approximately 3000 grams of a mixture containing cocaine.

  (162) It was further part of the conspiracy that on or about June 2, 1986, David Carter knowingly and intentionally did distribute approximately 0.27 grams of a mixture containing cocaine.

  (163) It was further part of the conspiracy that on or about June 3, 1986, David Carter knowingly and intentionally did distribute approximately 0.16 grams of a mixture containing cocaine.

  (164) It was further part of the conspiracy that on or about June 5, 1986, David Carter knowingly and intentionally did distribute approximately 0.17 grams of a mixture containing cocaine.

  (165) It was further part of the conspiracy that on or about July 10, 1986, Robert Johnson knowingly and intentionally did distribute approximately 0.35 grams of a mixture containing cocaine.

  (166) It was further part of the conspiracy that on or about December 15, 1986, Robert Johnson knowingly and intentionally did distribute approximately 0.34 grams of a mixture containing cocaine.

  (167) It was further part of the conspiracy that on or about December 22, 1986, Robert Johnson and Roderick Haygood knowingly and intentionally did distribute approximately 1.41 grams of a mixture containing cocaine and approximately 67.60 grams of a mixture containing marijuana.

  (168) It was further part of the conspiracy that on or about December 31, 1986, Kenny Bingham and Roderick Haygood knowingly and intentionally did distribute approximately 1.36 grams of a mixture containing cocaine.

  (169) It was further part of the conspiracy that on or about January 22, 1987, Kenny Bingham knowingly and intentionally did distribute approximately 1.46 grams of a mixture containing cocaine.

  (170) It was further part of the conspiracy that on or about January 28, 1987, Robert Johnson knowingly and intentionally did distribute approximately 0.56 grams of a mixture containing cocaine.

  (171) It was further part of the conspiracy that on or about November 3, 1988, David Carter knowingly and intentionally possessed with intent to distribute approximately 54.8 grams of a mixture containing cocaine and approximately 3.3 grams of a mixture containing heroin.

  (172) It was further part of the conspiracy that on or about March 9, 1989, Robert Johnson knowingly and intentionally did distribute approximately 1.12 grams of a mixture containing cocaine.

  (173) It was further part of the conspiracy that on or about March 9, 1989, Robert Johnson knowingly and intentionally did distribute approximately 1.29 grams of a mixture containing cocaine.

  (174) It was further part of the conspiracy that members of the enterprise did misrepresent, conceal, hide, and cause to be misrepresented, concealed, and hidden acts done in furtherance of the conspiracy and the purposes of those acts.

  All in violation of Title 18, United States Code, Section 1962(d).

  COUNT TWO

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth.

  2. From in and about 1966 until the date of this Indictment, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

  HENRY ANDREWS, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, JEROME CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LOUIS HOOVER, J. L. HOUSTON, EUGENE HUNTER, IKE KITCHEN, DERRICK KEES, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, FELIX MAYES, MELVIN MAYES, WALTER POLLARD, DERRICK PORTER, NOAH ROBINSON, MICHAEL SARDIN, JAMES SPEIGHTS, ANTHONY SUMNER, MELVIN TILLMAN, and EDWARD WILLIAMS,

  defendants herein, and others known and unknown to the Grand Jury including Jeff Fort, Michael Anderson, Kenny Bingham, Johnny Brown, Thomas Allen Burnside, David Carter, Bruce Collins, Alexander Cooper, Herbert Dinkins, Paul Downie, Rocky Easton, Ray Ferguson, Nathson Fields, Andrew Fort, Eddie Franklin, Codell Griffin, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, C. D. Jackson, Ronald Jennings, Robert Johnson, Victor Johnson, Michael Joiner, Harold Jones, Darryl Lamb, Melvin Lamb, Ervin Lee, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, Alvin Toney, James Walker, and Damon Williams, being members of and associated with an enterprise, that is, the El Rukns, said enterprise being described in paragraphs one through ten of Count One of this Indictment and which did engage in and the activities of which did affect interstate commerce, did knowingly and unlawfully conduct and participate, directly and indirectly, in the conduct of the enterprise's affairs through a pattern of racketeering activity as that term is defined in Title 18, United States Code, Section 1961(1).

  3. The pattern of racketeering activity committed by the defendants consisted of the following 128 numbered acts.

  MURDERS, ATTEMPTED MURDERS, KIDNAPPINGS, AND INTIMIDATIONS

  (1) Racketeering Act No. 1

  The Murder of Gilbert Connors

  On or about May 12, 1974 at Chicago, in the Northern District of Illinois, defendants JACKIE CLAY, HARRY EVANS, SAMMY KNOX, ANTHONY SUMNER and others known and unknown to the Grand Jury did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Gilbert Connors without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (2) Racketeering Act No. 2

  The Murder of Gregory Freeman

  On or about May 22, 1974, at Chicago, in the Northern District of Illinois, defendants JACKIE CLAY, HARRY EVANS, SAMMY KNOX, ANTHONY SUMNER, and others known and unknown to the Grand Jury, including Jeff Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Gregory Freeman without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (3) Racketeering Act No. 3

  The Murders of Willie McLilly and Roy Love

  On or about November 29, 1974, at Chicago, in the Northern District of Illinois, defendants HARRY EVANS, ALAN KNOX, FELIX MAYES, and others known and unknown to the Grand Jury, including Jeff Fort and Andrew Craig, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Willie McLilly and Roy Love without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (4) Racketeering Act No. 4

  The Murder of Mickey Cogwell

  On or about February 25, 1977, at Chicago, in the Northern District of Illinois, defendants FELIX MAYES, and others known and unknown to the Grand Jury, including Jeff Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Mickey Cogwell without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (5) Racketeering Act No. 5

  The Conspiracy to Murder Audrina Thomas

  From in and about August 1977 to on or about September 1, 1977, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, HENRY ANDREWS, EARL HAWKINS, GEORGE CARTER, DERRICK PORTER, HARRY EVANS, ALAN KNOX, SAMMY KNOX, FLOYD DAVIS, BERNARD GREEN, CHARLES GREEN, THOMAS BATES, WALTER POLLARD, JAKE CROWDER, LAWRENCE CROWDER, EDDIE FRANKLIN, FELIX MAYES, EDWARD WILLIAMS, and others known and unknown to the Grand Jury, including Jeff Fort, did knowingly and intentionally conspire and agree to kill and cause to be killed Audriana Thomas, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (6) Racketeering Act No. 6

  The Murder of Rowena James

  On or about September 1, 1977, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, HENRY ANDREWS, GEORGE CARTER, and others known and unknown to the Grand Jury, including Jeff Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Rowena James without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (7) Racketeering Act No. 7

  The Murder of Douglas Ellison

  On or about March 12, 1980, at Chicago, in the Northern District of Illinois, defendant DERRICK KEES, and others known to the Grand Jury, including Jeff Fort, did commit the crime of murder in that the defendant did knowingly and intentionally kill and cause to be killed Douglas Ellison without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (8) Racketeering Act No. 8

  The Conspiracy to Murder Lemont Timberlake

  In and about June 1980 to on or about June 17, 1980, at Chicago, in the Northern District of Illinois, defendants ALAN KNOX, FLOYD DAVIS, DERRICK PORTER, WALTER POLLARD, BERNARD GREEN, CHARLES GREEN, HARRY EVANS, EARL HAWKINS, and others known and unknown to the Grand Jury, including Jeff Fort, did knowingly and intentionally conspire and agree to kill and cause to be killed Lemont Timberlake, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (9) Racketeering Act No. 9

  The Conspiracy to Murder Members of The Titanic Stones, including Eugene Hairston, George Thomas, Barnett Hall, Ray East, Robert East and Willie Bibbs

  From in or about April 1981 to in or about January 1983, at Chicago, in the Northern District of Illinois, defendants DERRICK PORTER, FLOYD DAVIS, ALAN KNOX, SAMMY KNOX, WALTER POLLARD, BERNARD GREEN, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, ANTHONY SUMNER, HARRY EVANS, DERRICK KEES, EARL HAWKINS, JACKIE CLAY, HENRY ANDREWS, GEORGE CARTER, HENRY LEON HARRIS, J. L. HOUSTON, JAKE CROWDER, LAWRENCE CROWDER, EDWARD WILLIAMS, JAMES SPEIGHTS, MICHAEL SARDIN, and other known and unknown to the Grand Jury, including Jeff Fort, James Walker, and Ray Ferguson, did knowingly and intentionally conspire and agree to kill and cause to be killed members of the Titanic Stones, a rival gang of the El Rukn's, including Eugene Hairston, also known as "Bull", George Thomas, also known as "Duke", Barnett Hall, Ray East, also known as "Scooter", Robert East, also know as "Buttons", Willie Bibbs, also known as "Dollar Bill", and others, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (10) Racketeering Act No. 10

  The Murder of Willie Bibbs

  On or about June 15, 1981, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, DERRICK PORTER, ANTHONY SUMNER, and others known and unknown to the Grand Jury, including Jeff Fort and Ray Ferguson, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Willie Bibbs, a member of the Titanic Stones also known as "Dollar Bill", without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (11) Racketeering Act No. 11

  The Murder of Barnett Hall

  (a) On or about December 23, 1981, at Chicago, in the Northern District of Illinois, defendants DERRICK KEES and ANTHONY SUMNER, and Jeff Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Barnett Hall, who was affiliated with the Titanic Stones, without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (12) Racketeering Act No. 12

  The Attempted Murders of Bruce Davis and Sheila Davis

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the attempted murders of Bruce Davis and Sheila Davis, any one of which alone constitutes the commission of Racketeering Act No. 12:

  (a) The Conspiracy to Murder

  From in and about January 1, 1982 through on or about January 7, 1982 at Chicago, in the Northern District of Illinois, defendants DERRICK KEES, WILLIAM DOYLE, HARRY EVANS, JACKIE CLAY, DERRICK PORTER, FLOYD DAVIS, ALAN KNOX, SAMMY KNOX, WALTER POLLARD, BERNARD GREEN, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, HENRY ANDREWS, GEORGE CARTER, J. L. HOUSTON, JAKE CROWDER, LAWRENCE CROWDER, EDWARD WILLIAMS, JAMES SPEIGHTS, MICHAEL SARDIN, and others known and unknown to the Grand Jury, including Jeff Fort and Alvin Toney did knowingly and intentionally conspire and agree to kill and cause to be killed Bruce Davis, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (b) The Attempted Murder

  On or about January 7, 1982, at Chicago, in the Northern District of Illinois, defendants HARRY EVANS and JACKIE CLAY, and Jeff Fort and Alvin Toney did attempt to kill and murder Bruce Davis and Sheila Davis, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-4 and 9-1.

  (13) Racketeering Act No. 13

  The Attempted Murder of George Thomas, The Murder of Charmaine Nathan and the Attempted Murder of Sheila Jackson

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the attempted murder of George Thomas, the murder of Charmaine Nathan, and the attempted murder of Sheila Jackson, any one of which alone constitutes the commission of Racketeering Act No. 13:

  (a) The Attempted Murder of George Thomas

  On or about January 23, 1983, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, JACKIE CLAY, DERRICK KEES, J. L. HOUSTON, EDGAR COOKSEY, and others known and unknown to the Grand Jury, including Jeff Fort, Alvin Toney, and Ray Ferguson, did attempt to murder and kill George Thomas, a member of the Titanic Stones also known as "Duke", in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (b) The Murder of Charmaine Nathan and The Attempted Murder of Sheila Jackson

  On or about January 23, 1983, at Chicago, in the Northern District of Illinois, defendants DERRICK KEES, WILLIAM DOYLE, JACKIE CLAY, EDGAR COOKSEY, J. L. HOUSTON, and Jeff Fort, Alvin Toney and Ray Ferguson did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Charmaine Nathan without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1, and did attempt to kill and murder Sheila Jackson, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-4 and 9-1.

  (14) Racketeering Act No. 14

  The Murder of Chalmers Tyler

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the murder of Chalmers Tyler, any one of which alone constitutes the commission of Racketeering Act No. 14:

  (a) The Conspiracy to Murder

  From in or about February 1983 to on or about February 13, 1983, at Chicago, in the Northern District of Illinois, defendants EARL HAWKINS, J. L. HOUSTON, DERRICK KEES, WILLIAM DOYLE, ANTHONY SUMNER, CHARLES GREEN, EDDIE FRANKLIN, ALAN KNOX, SAMMY KNOX, DERRICK PORTER, FLOYD DAVIS, WALTER POLLARD, BERNARD GREEN, THOMAS BATES, HENRY ANDREWS, GEORGE CARTER, JAKE CROWDER, EDWARD WILLIAMS, JAMES SPEIGHTS, MICHAEL SARDIN, and others known and unknown to the Grand Jury, including Jeff Fort and Ray Ferguson, did knowingly and intentionally conspire and agree to kill and cause to be killed Chalmers Tyler, and did an act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (b) The Murder

  On or about February 13, 1983, at Chicago, in the Northern District of Illinois, defendants EARL HAWKINS and J. L. HOUSTON, and Jeff Fort did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Chalmers Tyler without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (15) Racketeering Act No. 15

  The Conspiracy to Murder Melvin and Jerry Ewing

  From in or about February 1983 to on or about February 23, 1983, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, HARRY EVANS, JACKIE CLAY, BERNARD GREEN, FLOYD DAVIS, ALAN KNOX, SAMMY KNOX, WALTER POLLARD, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, ANTHONY SUMNER, HENRY ANDREWS, GEORGE CARTER, J. L. HOUSTON, JAKE CROWDER, DERRICK PORTER, LAWRENCE CROWDER, EDWARD WILLIAMS, JAMES SPEIGHTS, MICHAEL SARDIN, and others known and unknown to the Grand Jury, including Jeff Fort, James Walker, Alvin Toney, and Ray Ferguson did knowingly and intentionally conspire and agree to kill and cause to be killed Melvin and Jerry Ewing, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (16) Racketeering Act No. 16

  The Attempted Murders of Jerry Little and Phillip Steele

  On or about February 23, 1983, at Chicago, in the Northern District of Illinois, defendants WILLIAM DOYLE, DERRICK KEES, EARL HAWKINS, HARRY EVANS, and JACKIE CLAY and others known and unknown to the Grand Jury, including Jeff Fort, did attempt to kill and murder Jerry Little and Phillip Steele, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-4 and 9-1.

  (17) Racketeering Act No. 17

  The Murder of Ronald Bell

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the murder of Ronald Bell, any one of which alone constitutes the commission of Racketeering Act No. 17:

  (a) The Conspiracy To Murder

  From in or about May 1983 to on or about June 21, 1983 at Chicago, in the Northern District of Illinois, defendants DERRICK KEES, EARL HAWKINS, J. L. HOUSTON, DERRICK PORTER, ANTHONY SUMNER, HARRY EVANS, BERNARD GREEN, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, HENRY ANDREWS, GEORGE CARTER, JAKE CROWDER, LAWRENCE CROWDER, EDWARD WILLIAMS, JAMES SPEIGHTS, MICHAEL SARDIN, ALAN KNOX, SAMMY KNOX, and others known and unknown to the Grand Jury, including Jeff Fort, James Walker, Alvin Toney, and Louis Lomas, did knowingly and intentionally conspire and agree to kill and cause to be killed Ronald Bell, and did an act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (b) The Murder

  On or about June 21, 1983, at Chicago, in the Northern District of Illinois, defendants DERRICK KEES, EARL HAWKINS, J. L. HOUSTON, and Jeff Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Ronald Bell without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (18) Racketeering Act No. 18

  The Murders of Jerome Smith and Talman Hickman

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the murders of Jerome Smith and Talman Hickman, any one of which alone constitutes the commission of Racketeering Act No. 18:

  (a) The Conspiracy to Murder Jerome Smith

  From in or about April 1984 to on or about April 28, 1984, at Chicago, in the Northern District of Illinois, defendants EARL HAWKINS, HENRY ANDREWS, GEORGE CARTER, DERRICK KEES, ANTHONY SUMNER, SAMMY KNOX, ALAN KNOX, MELVIN TILLMAN, MELVIN MAYES, MICHAEL SARDIN, JACKIE CLAY, JAMES SPEIGHTS, HARRY EVANS, FLOYD DAVIS, EDWARD WILLIAMS, EDDIE FRANKLIN, JEFF BOYD, CHARLES GREEN, BERNARD GREEN, WALTER POLLARD, THOMAS BATES, JAKE CROWDER, LAWRENCE CROWDER, and others known and unknown to the Grand Jury, including Jeff Fort, Nathson Fields, Alvin Toney, Andrew Fort, and James Walker, did knowingly and intentionally conspire and agree to kill and cause to be killed Jerome Smith, the leader of a rival gang of the El Rukn's who was also known as "Fuddy", and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (b) The Murders

  On or about April 28, 1984, at Chicago, in the Northern District of Illinois, defendants EARL HAWKINS, GEORGE CARTER, HENRY ANDREWS, and others known and unknown to the Grand Jury, including Jeff Fort and Nathson Fields, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Jerome Smith, also known as "Fuddy", and Talman Hickman without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (19) Racketeering Act No. 19

  The Conspiracy to Murder and Attempt to Murder Members of the King Cobras, including Tredis Murray, Herman Jackson, Theotis Clark, Andre Chalmers and Rico Chalmers

  From in or about April 1985 to on or about April 30, 1985, at Chicago, in the Northern District of Illinois, defendants ALAN KNOX, SAMMY KNOX, HENRY LEON HARRIS, MELVIN MAYES, CHARLES GREEN, BERNARD GREEN, ANDREW CRAIG, DERRICK KEES, EDGAR COOKSEY, FLOYD DAVIS, HARRY EVANS, WALTER POLLARD, THOMAS BATES, MELVIN TILLMAN, JEFF BOYD, JAMES SPEIGHTS, EDWARD WILLIAMS, JACKIE CLAY, EDDIE FRANKLIN, ROLAND LEWIS, MICHAEL SARDIN, HENRY ANDREWS, GEORGE CARTER, and others known and unknown to the Grand Jury, including Jeff Fort, Ray Ferguson, Rocky Easton, Herbert Dinkins, David Carter, Johnny Brown, Bruce Collins, Michael Herman, Andrew Fort, Roderick Haygood, Robert Johnson, Alvin Toney, Nathson Fields, and James Walker, did knowingly and intentionally conspire and agree to kill and cause to be killed, and attempt to kill, Tredis Murray, Herman Jackson, Theotis Clark, Andre Chalmers, Rico Chalmers, and other members of the "King Cobras", a rival gang of the El Rukn's, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1.

  (20) Racketeering Act No. 20

  The Attempted Murder of Theotis Clark

  On or about April 23, 1985, at Chicago, in the Northern District of Illinois, defendants CHARLES GREEN, DERRICK KEES, ANDREW CRAIG, EDGAR COOKSEY, and others known and unknown to the Grand Jury, including Jeff Fort, did attempt to kill and murder Theotis Clark, a member of the "King Cobras" also known as "T", in violation of Illinois Revised Statutes, Chapter 38, Sections 8-4 and 9-1.

  (21) Racketeering Act No. 21

  The Murder of Robert Jackson

  On or about April 27, 1985, at Chicago, in the Northern District of Illinois, defendants ANDREW CRAIG, CHARLES GREEN, and others known and unknown to the Grand Jury, including Jeff Fort, David Carter, and Andrew Fort, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Robert Jackson, also known as "Dog", without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1.

  (22) Racketeering Act No. 22

  The Murders of Rico Chalmers, Glendon McKinley, and Vicki Nolden, and The Attempted Murder of Andre Chalmers

  On or about April 30, 1985, at Chicago, in the Northern District of Illinois, defendants ALAN KNOX, JEFF BOYD, and others known and unknown to the Grand Jury, including Jeff Fort, James Walker, Roderick Haygood and Robert Johnson, did commit the crime of murder in that the defendants did knowingly and intentionally kill and cause to be killed Rico Chalmers, Glendon McKinley, and Vicki Nolden without lawful justification, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1; and did attempt to kill and murder Andre Chalmers, Rico and Andre Chalmers, who were members of the "King Cobras", in violation of Illinois Revised Statutes, Chaper 38, Sections 8-4 and 9-1.

  (23) Racketeering Act No. 23

  The Attempted Murder of Robert Peter Aulston

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the attempted murder of Robert Peter Aulston, any one of which alone constitutes the commission of Racketeering Act No. 23:

  (a) The Conspiracy to Murder

  From on or about November 11, 1985 to on or about November 14, 1985, at Chicago, in the Northern District of Illinois, and in Texas, defendants DERRICK KEES, HENRY LEON HARRIS, EUGENE HUNTER, MELVIN MAYES, and others known and unknown to the Grand Jury, including Jeff Fort and Noah Robinson, did knowingly and intentionally conspire and agree to kill and cause to be killed Robert Peter Aulston, and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1, and Texas Penal Code, Chapter 19, Sections 15.02 and 19.03.

  (b) The Attempted Murder

  From on or about November 11, 1985 to on or about November 14, 1985, at Chicago, in the Northern District of Illinois, and in Texas, defendants DERRICK KEES, and HENRY LEON HARRIS, and others known and unknown to the Grand Jury, including Jeff Fort and Noah Robinson, did attempt to kill and murder Robert Peter Aulston, in violation of Texas Penal Code, Sections 15.01 and 19.03.

  (24) Racketeering Act No. 24

  The Murder of Leroy Barber

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the murder of Leroy Barber, any one of which alone constitutes the commission of Racketeering Act No. 24:

  (a) The Conspiracy to Murder

  From in and about December 1985 to on or about January 3, 1986, at Chicago, in the Northern District of Illinois, and in Greenville, South Carolina, defendants NOAH ROBINSON, EDGAR COOKSEY, ALAN KNOX, JACKIE CLAY, HENRY LEON HARRIS, EUGENE HUNTER, MELVIN MAYES, and others known and unknown to the Grand Jury, including Jeff Fort, did knowingly and intentionally conspire and agree to kill and cause to be killed Leroy Barber, also known as "Hambone", and did an overt act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8- 2 and 9-1, and South Carolina Code of Laws, Sections 16-3-10, 16-3-20, and 16-17-410.

  (b) The Murder

  On or about January 3, 1986, at Greenville, South Carolina, defendants NOAH ROBINSON, EDGAR COOKSEY, ALAN KNOX, JACKIE CLAY, EUGENE HUNTER, and others known and unknown to the Grand Jury, including Jeff Fort, did commit the crime of murder in that defendants did knowingly and intentionally kill and cause to be killed Leroy Barber, also known as "Hambone", in violation of South Carolina Code of Laws, Sections 16-3-10 and 16-3-20.

  (25) Racketeering Act No. 25

  The Kidnapping of Patricia McKinley

  In and about January, 1987, at Chicago, in the Northern District of Illinois, defendants SAMMY KNOX, JEFF BOYD, MICHAEL SARDIN, JAMES SPEIGHTS, and others known and unknown to the Grand Jury, including David Hobbs, did kidnap Patricia McKinley, in that by force and the threat of imminent force the defendants carried Patricia McKinley from one place to another and secretly confined her against her will, in violation of Illinois Revised Statutes, Chapter 38, Section 10-1.

  (26) Racketeering Act No. 26

  The Tampering with Henry Leon Harris

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the tampering with Henry Leon Harris, any one of which alone constitutes the commission of Racketeering Act No. 26:

  (a) The Corrupt Persuasion

  On or about September 30, 1987, at Chicago, in the Northern District of Illinois, defendant NOAH ROBINSON, and others known and unknown to the Grand Jury, with the intent to hinder, delay, and prevent the communication to law enforcement officers or a judge of the United States of information relating to the commission and possible commission of Federal offenses, knowingly engaged in misleading conduct toward Henry Leon Harris by promising to pay Henry Leon Harris to provide false statements under oath regarding defendant NOAH ROBINSON'S commission and possible commission of Federal offenses, including trafficking in controlled substances and the interstate murder-for-hire of Leroy Barber, in violation of Title 18, United States Code, Section 1512(b)(3); all as further charged in Count Ten of this Indictment.

  (b) The Intimidation

  On or about October 9, 1987, at Milwaukee, Wisconsin, defendants FELIX MAYES and LEWIS HOOVER, and others known and unknown to the Grand Jury, including Jeff Fort and Louis Lomas, knowingly used intimidation and physical force, that is, invaded and fired numerous shots in Hank's Fun House Tap in Milwaukee, Wisconsin, with the intent to hinder, delay, and prevent Henry Leon Harris from communicating to law enforcement officers or a judge of the United States information relating to the commission and possible commission of Federal offenses, including trafficking in controlled substances and the interstate murder-for-hire of Leroy Barber, in violation of Title 18, United States Code, Section 1512(b)(3); all as further charged in Count Eleven of this Indictment.

  (27) Racketeering Act No. 27

  The Attempted Murder of Janice Denise Rosemond

  The defendant named below committed the following acts of racketeering with respect to the attempted murder of Janice Denise Rosemond, any one of which alone constitutes the commission of Racketeering Act No. 27:

  (a) The Conspiracy to Murder

  From in or about October 1987 to on or about December 4, 1987, at Chicago, in the Northern District of Illinois, and at Greenville, South Carolina, defendant NOAH ROBINSON and another person known to the Grand Jury did knowingly and intentionally conspire and agree to kill and cause to be killed Janice Denise Rosemond, also known as "Nicee", and did an act in furtherance thereof, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-2 and 9-1, and of South Carolina Code of Laws, Sections 16-3-10, 16-3-20, and 16-17-410.

  (b) The Attempted Murder

  On or about December 4, 1987, at Greenville, South Carolina, defendant NOAH ROBINSON and another person known to the Grand Jury did attempt to kill and murder Janice Denise Rosemond, also known as "Nicee", in violation of South Carolina Code of Laws, Sections 16-3-10 and 16-3-20.

  (c) The Retaliation

  From in or about October 1987 to on or about December 4, 1987, at Chicago, in the Northern District of Illinois, and at Greenville, South Carolina, defendant NOAH ROBINSON and another known to the Grand Jury knowingly engaged in conduct which caused bodily injury to Janice Denise Rosemond, also known as "Nicee", with the intent to retaliate against Janice Denise Rosemond for her appearance and testimony before this Grand Jury in August 1987 regarding the Federal offense of the interstate murder-for-hire of Leroy Barber, in violation of Title 18, United States Code, Section 1513(a)(1); as further charged in Count Thirteen of this Indictment.

  (d) The Tampering By Attempted Murder

  From in or about October 1987 to on or about December 4, 1987, at Chicago, in the Northern District of Illinois, and at Greenville, South Carolina, defendant NOAH ROBINSON and another known to the Grand Jury attempted to kill Janice Denise Rosemond, also known as "Nicee", with the intent to prevent her attendance and testimony in an official proceeding, and to prevent her communication to a law enforcement officer or judge of the United States of information relating to the commission of a Federal offense, that is, the interstate murder-for-hire of Leroy Barber, in violation of Title 18, United States Code, Section 1512(a)(1)(A) and (C); as further charged in Count Fourteen of this Indictment.

  (28) Racketeering Act No. 28

  The Solicitation to Murder and The Endeavor to Obstruct Justice Regarding Henry Leon Harris

  The defendants and co-conspirators named below committed the following acts of racketeering with respect to the effort to obstruct justice regarding Henry Leon Harris, any one of which alone constitutes the commission of Racketeering Act No. 28:

  (a) The Solicitation to Murder

  In or about July 1988, at Chicago, in the Northern District of Illinois, defendant NOAH ROBINSON solicited Derrick Porter to murder Henry Leon Harris, in violation of Illinois Revised Statutes, Sections 8-1 and 9-1.

  (b) The Obstruction of Justice

  In or about July 1988, at Chicago, in the Northern District of Illinois, defendants NOAH ROBINSON and DERRICK PORTER did endeavor to obstruct the due administration of justice by planning to murder Henry Leon Harris in order to prevent him from cooperating with and providing information to law enforcement officials regarding the commission of federal offenses, including narcotics trafficking and interstate murder-for-hire, in violation of Title 18, United States Code, Section 1503; all as further charged in Count Fifteen of this Indictment.

  (29) Racketeering Act No. 29

  The Solicitation to Murder Henry Leon Harris

  In or about July 1988, at Chicago, in the Northern District of Illinois, defendants NOAH ROBINSON solicited Jackie Clay to murder and kill Henry Leon Harris, in violation of Illinois Revised Statutes, Chapter 38, Sections 8-1 and 9-1.

  (30) Racketeering Act No. 30

  The Tampering With Henry Leon Harris

  In or about July 1988, at Chicago, in the Northern District of Illinois, defendant NOAH ROBINSON, with the intent to hinder, delay, and prevent the communication to law enforcement officers or a judge of the United States of information relating to the commission and possible commission of Federal offenses, including narcotics trafficking and the interstate murder-for-hire of Leroy Barber, knowingly engaged in misleading conduct toward Henry Leon Harris by falsely promising to pay Henry Leon Harris to leave the United States, in violation of Title 18, United States Code, Section 1512(b)(3); all as further charged in Count Sixteen of this Indictment.

  NARCOTICS OFFENSES

  (31) Racketeering Act No. 31

  The conspiracy to possess with intent to distribute and to distribute heroin, cocaine, marijuana, amphetamine pills, codeine syrup, Talwin and Triplenamine, and Phencyclidine, in violation of Title 21, United States Code, Section 846; all as further charged in Count Three of this Indictment.

  (32) Racketeering Act No. 32

  On or about April 5, 1983, defendant WILLIAM DOYLE and another known to the Grand Jury, aided and abetted by Jeff Fort, travelled in interstate commerce from Chicago, Illinois to Tupelo, Mississippi with the intent to promote, manage, establish, carry on and facilitate the promotion, management, establishment and carrying on of unlawful activities, to wit, the possession with intent to distribute cocaine and marijuana, and thereafter did perform and attempt to perform unlawful activities, to wit, distribution of approximately 200 grams of cocaine and $ 18,750 in exchange for approximately 100 pounds of marijuana, in violation of Title 18, United States Code, Sections 1952 and 2.

  (33) Racketeering Act No. 33

  On or about April 5, 1983, at Tupelo, in the Northern District of Mississippi, defendant WILLIAM DOYLE and another known to the Grand Jury, aided and abetted by Jeff Fort, did unlawfully, knowingly, and intentionally possess with the intent to distribute approximately 200 grams of cocaine, a Schedule II Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1).

  (34) Racketeering Act No. 34

  On or about January 22, 1985, at Evanston, in the Northern District of Illinois, Eastern Division, defendant GEORGE CARTER knowingly and intentionally did distribute approximately 0.36 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Seventeen of this Indictment.

  (35) Racketeering Act No. 35

  On or about February 5, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant ALAN KNOX, and Michael Sing knowingly and intentionally did distribute approximately 1.14 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2, as further charged in Count Eighteen of this Indictment.

  (36) Racketeering Act No. 36

  On or about February 7, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant ALAN KNOX, and Roderick Haygood knowingly and intentionally did distribute approximately 2.75 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2, as further charged in Count Nineteen of this Indictment.

  (37) Racketeering Act No. 37

  On or about July 18, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally did distribute approximately 0.67 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2, as further charged in Count Twenty of this Indictment.

  (38) Racketeering Act No. 38

  On or about July 25, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally did distribute approximately 0.71 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2, as further charged in Count Twenty-One of this Indictment.

  (39) Racketeering Act No. 39

  On or about September 13, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally did distribute approximately 2.45 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Two of this Indictment.

  (40) Racketeering Act No. 40

  On or about October 3, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally did distribute approximately 12.88 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2, as further charged in Count Twenty-Three of this Indictment.

  (41) Racketeering Act No. 41

  On or about October 4, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant ROLAND LEWIS knowingly and intentionally did distribute approximately 13.81 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Four of this Indictment.

  (42) Racketeering Act No. 42

  On or about October 14, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally possessed with intent to distribute approximately 1.0 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Five of this Indictment.

  (43) Racketeering Act No. 43

  On or about November 1, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant ROLAND LEWIS knowingly and intentionally did distribute approximately 13.36 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Six of this Indictment.

  (44) Racketeering Act No. 44

  On or about November 13, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant FLOYD DAVIS knowingly and intentionally did distribute approximately 11.58 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Seven of this Indictment.

  (45) Racketeering Act No. 45

  On or about November 26, 1985, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally possessed with intent to distribute approximately 13.8 grams of a mixture containing heroin, a Schedule I Narcotic Drug Controlled Substance; and approximately.13 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1).

  (46) Racketeering Act No. 46

  On or about May 9, 1986, at Chicago, in the Northern District of Illinois, Eastern Division, defendant ALAN KNOX, acting at the direction of Jeff Fort, knowingly and intentionally did distribute approximately 27.88 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Eight of this Indictment.

  (47) Racketeering Act No. 47

  On or about January 8, 1987, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JAMES SPEIGHTS knowingly and intentionally did distribute approximately 1.82 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Thirty of this Indictment.

  (48) Racketeering Act No. 48

  On or about January 23, 1987, at Chicago, in the Northern District of Illinois, Eastern Division, defendant EDWARD WILLIAMS, knowingly and intentionally possessed with intent to distribute approximately 1.31 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Thirty-One of this Indictment.

  (49) Racketeering Act No. 49

  On or about March 11, 1987, at Chicago, in the Northern District of Illinois, Eastern Division, defendant MELVIN TILLMAN knowingly and intentionally did distribute approximately 0.27 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1).

  (50) Racketeering Act No. 50

  On or about October 24, 1988, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JEFF BOYD knowingly and intentionally did distribute approximately 0.12 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Thirty-Two of this Indictment.

  (51) Racketeering Act No. 51

  On or about January 14, 1989, at Chicago, in the Northern District of Illinois, Eastern Division, defendant JEFF BOYD knowingly and intentionally possessed with intent to distribute approximately 8.1 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Thirty-Three of this Indictment.

  (52) Racketeering Act No. 52

  On or about March 28, 1986, at approximately 6:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Four of this Indictment.

  (53) Racketeering Act No. 53

  On or about March 29, 1986, at approximately 6:14 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Five of this Indictment.

  (54) Racketeering Act No. 54

  On or about March 29, 1986, at approximately 9:50 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Six of this Indictment.

  (55) Racketeering Act No. 55

  On or about March 31, 1986, at approximately 9:55 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Seven of this Indictment.

  (56) Racketeering Act No. 56

  On or about March 31, 1986, at approximately 10:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Eight of this Indictment.

  (57) Racketeering Act No. 57

  On or about April 5, 1986, at approximately 7:45 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Thirty-Nine this Indictment.

  (58) Racketeering Act No. 58

  On or about April 6, 1986, at approximately 5:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty of this Indictment.

  (59) Racketeering Act No. 59

  On or about April 7, 1986, at approximately 3:32 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, JACKIE CLAY, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-One of this Indictment.

  (60) Racketeering Act No. 60

  On or about April 7, 1986, at approximately 9:42 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Two of this Indictment.

  (61) Racketeering Act No. 61

  On or about April 11, 1986, at approximately 3:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Three of this Indictment.

  (62) Racketeering Act No. 62

  On or about April 11, 1986, at approximately 6:39 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Four of this Indictment.

  (63) Racketeering Act No. 63

  On or about April 11, 1986, at approximately 10:49 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Five of this Indictment.

  (64) Racketeering Act No. 64

  On or about April 13, 1986, at approximately 11:53 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Six of this Indictment.

  (65) Racketeering Act No. 65

  On or about April 17, 1986, at approximately 2:34 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Seven of this Indictment.

  (66) Racketeering Act No. 66

  On or about April 17, 1986, at approximately 6:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant THOMAS BATES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Eight of this Indictment.

  (67) Racketeering Act No. 67

  On or about April 17, 1986, at approximately 10:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Forty-Nine of this Indictment.

  (68) Racketeering Act No. 68

  On or about April 19, 1986, at approximately 10:20 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty of this Indictment.

  (69) Racketeering Act No. 69

  On or about April 21, 1986, at approximately 9:27 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-One of this Indictment.

  (70) Racketeering Act No. 70

  On or about April 23, 1986, at approximately 9:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, BERNARD GREEN, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Two of this Indictment.

  (71) Racketeering Act No. 71

  On or about April 23, 1986, at approximately 10:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Three of this Indictment.

  (72) Racketeering Act No. 72

  On or about April 24, 1986, at approximately 6:01 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Four of this Indictment.

  (73) Racketeering Act No. 73

  On or about April 24, 1986, at approximately 10:07 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Five of this Indictment.

  (74) Racketeering Act No. 74

  On or about April 25, 1986, at approximately 6:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Six of this Indictment.

  (75) Racketeering Act No. 75

  On or about April 27, 1986, at approximately 2:19 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Seven of this Indictment.

  (76) Racketeering Act No. 76

  On or about April 28, 1986, at approximately 11:05 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Eight of this Indictment.

  (77) Racketeering Act No. 77

  On or about April 29, 1986, at approximately 11:08 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Fifty-Nine of this Indictment.

  (78) Racketeering Act No. 78

  On or about April 29, 1986, at approximately 3:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, JAKE CROWDER, ROGER BOWMAN, LEWIS HOOVER, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty of this Indictment.

  (79) Racketeering Act No. 79

  On or about April 29, 1986, at approximately 5:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, DERRICK KEES, BERNARD GREEN, ROGER BOWMAN, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-One of this Indictment.

  (80) Racketeering Act No. 80

  On or about April 29, 1986, at approximately 9:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Two of this Indictment.

  (81) Racketeering Act No. 81

  On or about April 30, 1986, at approximately 10:46 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Three of this Indictment.

  (82) Racketeering Act No. 82

  On or about April 30, 1986, at approximately 11:09 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Four of this Indictment.

  (83) Racketeering Act No. 83

  On or about May 1, 1986, at approximately 5:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, JAKE CROWDER, ROLAND LEWIS, BERNARD GREEN, JEFF BOYD, THOMAS BATES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Five of this Indictment.

  (84) Racketeering Act No. 84

  On or about May 1, 1986, at approximately 6:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, JEFF BOYD, JAMES SPEIGHTS, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Six of this Indictment.

  (85) Racketeering Act No. 85

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 86:

  (a) On or about May 1, 1986, at approximately 9:36 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, ROLAND LEWIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Seven of this Indictment.

  (b) On or about May 7, 1986, at approximately 3:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty of this Indictment.

  (86) Racketeering Act No. 86

  On or about May 2, 1986, at approximately 5:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Eight of this Indictment.

  (87) Racketeering Act No. 87

  On or about May 2, 1986, at approximately 8:05 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Sixty-Nine of this Indictment.

  (88) Racketeering Act No. 88

  On or about May 2, 1986, at approximately 9:31 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy of this Indictment.

  (89) Racketeering Act No. 89

  On or about May 2, 1986, at approximately 10:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, JEFF BOYD, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-One this Indictment.

  (90) Racketeering Act No. 90

  On or about May 3, 1986, at approximately 11:35 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant JACKIE CLAY, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Two of this Indictment.

  (91) Racketeering Act No. 91

  On or about May 3, 1986, at approximately 12:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant JACKIE CLAY, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Three of this Indictment.

  (92) Racketeering Act No. 92

  On or about May 4, 1986, at approximately 1:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Four of this Indictment.

  (93) Racketeering Act No. 93

  On or about May 4, 1986, at approximately 1:40 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Five of this Indictment.

  (94) Racketeering Act No. 94

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission Racketeering Act No. 94:

  (a) On or about May 4, 1986, at approximately 3:42 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Six of this Indictment.

  (b) On or about May 5, 1986, at approximately 6:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Nine of this Indictment.

  (c) On or about May 8, 1986, at approximately 5:02 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-One of this Indictment.

  (95) Racketeering Act No. 95

  On or about May 4, 1986, at approximately 6:36 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Seven of this Indictment.

  (96) Racketeering Act No. 96

  On or about May 4, 1986, at approximately 10:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Seventy-Eight of this Indictment.

  (97) Racketeering Act No. 97

  On or about May 9, 1986, at approximately 6:34 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, SAMMY KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Two of this Indictment.

  (98) Racketeering Act No. 98

  The defendants and co-conspirators would below committed the following acts of racketeering any one of which alone constitute the commission of Racketeering Act No. 98:

  (a) On or about May 20, 1986, at approximately 2:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, BERNARD GREEN, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Three of this Indictment.

  (b) On or about May 20, 1986, at approximately 5:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, SAMMY KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Four of this Indictment.

  (c) On or about May 21, 1986, at approximately 6:45 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Five of this Indictment.

  (d) On or about May 21, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-eight of this Indictment.

  (99) Racketeering Act No. 99

  On or about May 21, 1986, at approximately 8:35 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, BERNARD GREEN, JACKIE CLAY, and JAKE CROWDER, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Six of this Indictment.

  (100) Racketeering Act No. 100

  On or about May 21, 1986, at approximately 9:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant and MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Seven of this Indictment.

  (101) Racketeering Act No. 101

  On or about May 21, 1986, at approximately 9:38 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Eighty-Nine of this Indictment.

  (102) Racketeering Act No. 102

  On or about May 21, 1986, at approximately 11:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety of this Indictment.

  (103) Racketeering Act No. 103

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 103:

  (a) On or about May 23, 1986, at approximately 6:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-One of this Indictment.

  (b) On or about May 23, 1986, at approximately 9:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Two of this Indictment.

  (c) On or about May 23, 1986, at approximately 10:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Three of this Indictment.

  (d) On or about May 23, 1986, at approximately 11:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Four of this Indictment.

  (e) On or about May 24, 1986, at approximately 9:45 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, JEFF BOYD, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Five of this Indictment.

  (f) On or about May 24, 1986, at approximately 2:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Six of this Indictment.

  (g) On or about May 24, 1986, at approximately 2:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Seven of this Indictment.

  (h) On or about May 24, 1986, at approximately 2:56 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Eight of this Indictment.

  (i) On or about May 24, 1986, at approximately 5:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count Ninety-Nine of this Indictment.

  (j) On or about May 24, 1986, at approximately 8:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred of this Indictment.

  (k) On or about May 24, 1986, at approximately 8:46 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and One of this Indictment.

  (l) On or about May 24, 1986, at approximately 9:41 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Two of this Indictment.

  (m) On or about May 24, 1986, at approximately 11:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendants MELVIN MAYES and HENRY LEON HARRIS, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Three of this Indictment.

  (n) On or about May 25, 1986, at approximately 10:22 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Four of this Indictment.

  (o) On or about May 25, 1986, at approximately 11:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Five of this Indictment.

  (p) On or about May 27, 1986, at approximately 11:07 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Six of this Indictment.

  (q) On or about May 27, 1986, at approximately 9:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Seven of this Indictment.

  (r) On or about May 27, 1986, at approximately 9:43 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Eight of this Indictment.

  (104) Racketeering Act No. 104

  On or about May 29, 1986, at approximately 7:32 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant EUGENE HUNTER, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Nine of this Indictment.

  (105) Racketeering Act No. 105

  On or about June 5, 1986, at approximately 9:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Ten of this Indictment.

  (106) Racketeering Act No. 106

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 106:

  (a) On or about June 5, 1986, at approximately 3:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX and MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Eleven of this Indictment.

  (b) On or about June 5, 1986, at approximately 4:11 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, HENRY LEON HARRIS, and MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and the distribution of cocaine all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twelve of this Indictment.

  (c) On or about June 5, 1986, at approximately 5:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Thirteen of this Indictment.

  (d) On or about June 5, 1986, at approximately 5:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Fourteen of this Indictment.

  (e) On or about June 5, 1986, at approximately 5:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Fifteen of this Indictment.

  (f) On or about June 5, 1986, at approximately 10:40 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Sixteen of this Indictment.

  (g) On or about June 6, 1986, at approximately 11:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred and Seventeen of this Indictment.

  (h) On or about June 6, 1986, at approximately 12:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Eighteen of this Indictment.

  (i) On or about June 6, 1986, at approximately 4:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Nineteen of this Indictment.

  (j) On or about June 7, 1986, at approximately 10:33 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-One of this Indictment.

  (k) On or about June 7, 1986, at approximately 11:48 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Two of this Indictment.

  (l) On or about June 7, 1986, at approximately 10:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Michael Joiner, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Three of this Indictment.

  (107) Racketeering Act No. 107

  On or about June 6, 1986, at approximately 6:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant JACKIE CLAY, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty of this Indictment.

  (108) Racketeering Act No. 108

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 108:

  (a) On or about June 8, 1986, at approximately 12:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant EUGENE HUNTER, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Four of this Indictment.

  (b) On or about June 9, 1986, at approximately 2:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Five of this Indictment.

  (c) On or about June 9, 1986, at approximately 5:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Six of this Indictment.

  (d) On or about June 11, 1986, at approximately 11:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Two of this Indictment.

  (e) On or about June 12, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Three of this Indictment.

  (f) On or about June 12, 1986, at approximately 7:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Six of this Indictment.

  (g) On or about June 12, 1986, at approximately 11:19 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Seven of this Indictment.

  (109) Racketeering Act No. 109

  On or about June 9, 1986, at approximately 11:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Seven of this Indictment.

  (110) Racketeering Act No. 110

  On or about June 10, 1986, at approximately 7:43 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Eight of this Indictment.

  (111) Racketeering Act No. 111

  On or about June 11, 1986, at approximately 6:12 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Twenty-Nine of this Indictment.

  (112) Racketeering Act No. 112

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 112:

  (a) On or about June 11, 1986, at approximately 9:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty of this Indictment.

  (b) On or about June 11, 1986, at approximately 10:50 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-One of this Indictment.

  (113) Racketeering Act No. 113

  On or about June 12, 1986, at approximately 2:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Four of this Indictment.

  (114) Racketeering Act No. 114

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 114:

  (a) On or about June 12, 1986, at approximately 7:16 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Five of this Indictment.

  (b) On or about June 13, 1986, at approximately 5:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Eight of this Indictment.

  (c) On or about June 14, 1986, at approximately 5:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty of this Indictment.

  (d) On or about June 17, 1986, at approximately 8:45 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Three of this Indictment.

  (e) On or about June 18, 1986, at approximately 1:05 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendants MELVIN MAYES, ALAN KNOX, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Four of this Indictment.

  (f) On or about June 18, 1986, at approximately 9:02 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, and Jeff Fort and Michael Sing, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Five of this Indictment.

  (g) On or about June 18, 1986, at approximately 2:18 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Seven of this Indictment.

  (115) Racketeering Act No. 115

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 115:

  (a) On or about June 13, 1986, at approximately 5:18 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Thirty-Nine of this Indictment.

  (b) On or about June 14, 1986, at approximately 5:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-One of this Indictment.

  (c) On or about June 15, 1986, at approximately 7:46 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, ALAN KNOX, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Two of this Indictment.

  (116) Racketeering Act No. 116

  (d) On or about June 18, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, ROGER BOWMAN, JAKE. CROWDER, and Jeff Fort, I knowingly and intentionally did use a communication facility, namely a telephone, in cor emitting and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Six of this Indictment.

  (117) Racketeering Act No. 117

  On or about June 18, 1986, at approximately 5:56 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants MELVIN MAYES, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Eight of this Indictment.

  (118) Racketeering Act No. 118

  On or about June 21, 1986, at approximately 12:09 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, JAKE CROWDER, and Jeff Fort and Ervin Lee, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Forty-Nine of this Indictment.

  (119) Racketeering Act No. 119

  On or about June 21, 1986, at approximately 2:14 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty of this Indictment.

  (120) Racketeering Act No. 120

  On or about June 21, 1986, at approximately 8:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty-One of this Indictment.

  (121) Racketeering Act No. 121

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 121:

  (a) On or about June 21, 1986, at approximately 9:55 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and the distribution of cocaine all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty-Two of this Indictment.

  (b) On or about June 21, 1986, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant ALAN KNOX, acting at the direction of Jeff Fort, knowingly and intentionally did distribute approximately 26.18 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count Twenty-Nine of this Indictment.

  (122) Racketeering Act No. 122

  On or about June 22, 1986, at approximately 6:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty-Three of this Indictment.

  (123) Racketeering Act No. 123

  On or about June 23, 1986, at approximately 5:01 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendants ALAN KNOX, HENRY LEON HARRIS, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty-Four of this Indictment.

  (124) Racketeering Act No. 124

  On or about June 23, 1986, at approximately 9:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, defendant MELVIN MAYES, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Fifty-Five of this Indictment.

  (125) Racketeering Act No. 125

  On or about September 12, 1989, at Chicago, in the Northern District of Illinois, Eastern Division, defendants JAMES SPEIGHTS and MICHAEL SARDIN knowingly and intentionally did distribute approximately.97 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count 159 of this Indictment.

  (126) Racketeering Act No. 126

  On or about September 13, 1989, at Chicago, in the Northern District of Illinois, Eastern Division, defendants JAMES SPEIGHTS and MICHAEL SARDIN knowingly and intentionally possessed with intent to distribute approximately 29.19 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States code, Section 841(a)(1), as further charged in Count 160 of this Indictment.

  (127) Racketeering Act No. 127

  The defendant named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 127;

  (a) On or about September 14, 1989, at approximately 3:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United l States Code, Section 843(b), as further charged in Count One Hundred Sixty-One of this Indictment.

  (b) On or about September 26, 1989, at approximately 4:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Two of this Indictment.

  (c) On or about September 29, 1989, at approximately 8:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Three of this Indictment.

  (d) On or about October 1, 1989, at approximately 12:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Four of this Indictment.

  (e) On or about October 1, 1989, at approximately 12:27 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Five of this Indictment.

  (f) On or about October 2, 1989, between approximately 12:00 a.m. and 6:00 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Six of this Indictment.

  (g) On or about October 4, 1989, at approximately 3:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and possession with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight; all in violation of Title 21, United States Code, Section 843(b), as further charged in Count One Hundred Sixty-Seven of this Indictment.

  (h) On or about October 5, 1989, at Chicago, in the Northern District of Illinois, Eastern Division, defendant IKE KITCHEN, and Kenneth Dowdell, knowingly and intentionally possessed with intent to distribute approximately 2006 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance; in violation of Title 21, United States Code, Section 841(a)(1), as further charged in Count One Hundred Sixty-Eight of this Indictment.

  LAW ROCKET OFFENSES

  (128) Racketeering Act No. 128

  The defendants and co-conspirators named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act No. 128:

  (a) On or about July 31, 1986, from approximately 5:04 p.m. to 6:06 p.m., defendants MELVIN MAYES and ALAN KNOX, and others known and unknown to the Grand Jury including Jeff Fort, used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3), as further charged in Count One Hundred Fifty-Six of this Indictment.

  (b) On or about July 31, 1986, from approximately 8:19 p.m. to 8:55 p.m., defendant MELVIN MAYES, aided and abetted by defendant ALAN KNOX, and others known and unknown to the Grand Jury including Jeff Fort, used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity; in violation of Title 18, United States Code, Sections 2 and 1952(a)(3), as further charged in Count One Hundred Fifty-Seven of this Indictment.

  (c) On or about July 31, 1986, from approximately 10:26 p.m. to 10:42 p.m., defendants MELVIN MAYES and ALAN KNOX, and others known and unknown to the Grand Jury including Jeff Fort, used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3), as further charged in Count One Hundred Fifty-Eight of this Indictment. 4. In summary, the specific acts of racketeering activity committed by each defendant are as follows: Defendant Acts of Racketeering Activity 1. HENRY ANDREWS (5), (6), (9), (12), (14), (15), (17), (18), (19), (31). 2. THOMAS BATES (5), (9), (12), (14), (15), (17), (18), (19), (31), (66), (83). 3. ROGER BOWMAN (31), (78), (79), (116). 4. JEFF BOYD (18), (19), (22), (25), (31), (50), (51), (83), (84), (89), (103). 5. GEORGE CARTER (5), (6), (9), (12), (14), (15), (17), (18), (19), (31), (34). 6. JACKIE CLAY (1), (2), (9), (12), (13), (15), (16), (18), (19), (24), (31), (59), (90), (91), (99), (107). 7. EDGAR COOKSEY (13), (19), (20), (24), (31). 8. ANDREW CRAIG (3), (19), (20), (21), (31). 9. JEROME CROWDER (5), (9), (12), (14), (15), (17), (18), (31), (78), (83), (99), (116), (118). 10. LAWRENCE CROWDER (5), (9), (12), (15), (17), (18), (31). 11. FLOYD DAVIS (5), (8), (9), (12), (14), (15), (18), (19), (31), (44). 12. WILLIAM DOYLE (5), (6), (10), (12), (13), (14), (15), (16), (31), (32), (33). 13. HARRY EVANS (1), (2), (3), (5), (8), (9), (12), (15), (16), (17), (18), (19), (31). 14. EDDIE FRANKLIN (5), (9), (12), (14), (15), (17), (18), (19), (31). 15. BERNARD GREEN (5), (8), (9), (12), (14), (15), (17), (18), (19), (31), (70), (79), (83), (98), (99). 16. CHARLES GREEN (5), (8), (9), (12), (14), (15), (17), (18), (19), (20), (21), (31). 17. HENRY LEON HARRIS (9), (19), (23), (24), (31), (57), (67), (80), (84), (93), (94), (98), (101), (102), (103), (106), (111), (112), (113), (114), (115), (117), (120), (121), (123). 18. EARL HAWKINS (5), (8), (9), (10), (14), (15), (16), (17), (18), (31). 19. LOUIS HOOVER (26), (31), (78). 20. J. L. HOUSTON (9), (12), (13), (14), (15), (17), (31). 21. EUGENE HUNTER (23), (24), (31), (104), (108). 22. DERRICK KEES (7), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (23), (31), (78). 23. IKE KITCHEN (31)(127) 24. ALAN KNOX (3), (5), (8), (9), (12), (14), (15), (17), (18), (19), (22), (24), (31), (35), (36), (46), (59), (67), (77), (83), (84), (85), (92), (96), (98), (101), (102), (103), (106), (108), (111), (112), (113), (114), (115), (118), (121), (123), (128). 25. SAMMY KNOX (1), (2), (5), (9), (12), (14), (15), (17), (18), (19), (25), (31), (97), (98). 26. ROLAND LEWIS (19), (31), (41), (43), (83), (85). 27. FELIX MAYES (3), (4), (5), (26), (31). 28. MELVIN MAYES (18), (19), (23), (24), (31), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61), (62), (63), (64), (65), (67), (68), (69), (70), (71), (72), (73), (74), (75), (76), (77), (78), (79), (80), (81), (82), (83), (84), (85), (86), (87), (88), (89), (92), (93), (94), (95), (96), (97), (98), (99), (100), (101), (102), (103), (105), (106), (108), (109), (110), (111), (112), (113), (114), (115), (116), (117), (119), (122), (124), (128). 29. WALTER POLLARD (5), (8), (9), (12), (14), (15), (18), (19), (31). 30. DERRICK PORTER (5), (8), (9), (10), (12), (14), (15), (17), (28), (31). 31. NOAH ROBINSON (24), (26), (27), (28), (29), (30), (31). 32. MICHAEL SARDIN (9), (12), (14), (15), (17), (18), (19), (25), (31), (125), (126) 33. JAMES SPEIGHTS (9), (12), (14), (15), (17), (18), (19), (25), (31), (37), (38), (39), (40), (42), (45), (47), (84), (125), (126) 33. ANTHONY SUMNER (1), (2), (9), (10), (11), (14), (15), (17), (18), (31). 34. MELVIN TILLMAN (18), (19), (31), (49). 35. EDWARD WILLIAMS (5), (9), (12), (14), (15), (17), (18), (19), (31), (48).

  All in violation of Title 18, United States Code, Section 1962(c).

  COUNT THREE

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. From in or about 1966 through the date of this indictment, at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

  HENRY ANDREWS, THOMAS BATES, ROGER BOWMAN, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, JAKE CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, WILLIAM DOYLE, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, EARL HAWKINS, LEWIS HOOVER, J. L. HOUSTON, EUGENE HUNTER, DERRICK KEES, IKE KITCHEN, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, FELIX MAYES, MELVIN MAYES WALTER POLLARD, DERRICK PORTER, NOAH ROBINSON, MICHAEL SARDIN, JAMES SPEIGHTS, ANTHONY SUMNER, MELVIN TILLMAN, EDWARD WILLIAMS, and RICKY DEAN WILLIAMS

  defendants herein, did conspire with each other and with others known and unknown to the Grand Jury, including Jeff Fort, Michael Anderson, Kenny Bingham, Johnny Brown, Thomas Allen Burnside, David Carter, Bruce Collins, Alexander Cooper, Herbert Dinkins, Paul Downie, Rocky Easton, Ray Ferguson, Nathson Fields, Andrew Fort, Codell Griffin, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, C. D. Jackson, Ronald Jennings, Robert Johnson, Victor Johnson, Michael Joiner, Harold Jones, Darryl Lamb, Melvin Lamb, Ervin Lee, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, Alvin Toney, James Walker, and Damon Williams to commit the following offenses.

  (a) To knowingly and intentionally possess with intent to distribute and to distribute heroin, a Schedule I Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1);

  (b) To knowingly and intentionally possess with intent to distribute and to distribute cocaine, a Schedule II Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1);

  (c) To knowingly and intentionally possess with intent to distribute and to distribute marijuana, a Schedule I Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1);

  (d) To knowingly and intentionally possess with intent to distribute and to distribute amphetamine pills, a Schedule II Controlled Substance, in violation of Title 21, United States Code, 841(a)(1).

  (e) To knowingly and intentionally possess with intent to distribute and to distribute codeine syrup, a Schedule V Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1).

  (f) To knowingly and intentionally possess with intent to distribute and to distribute Talwin and Triplenamine, a Schedule IV Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1).

  (g) To knowingly and intentionally possess with intent to distribute and to distribute Phencyclidine, a Schedule II Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1).

  (h) To knowingly and intentionally use and cause to be used communications facilities, namely the telephone, in committing, causing, and facilitating the commission of offenses in violation of Title 21, United States Code, Sections 841(a) and 846, namely the unlawful possession with intent to distribute and the distribution of heroin, cocaine, marijuana, amphetamines, codeine syrup, Talwin and Triplenamine, and Phencyclidine, and attempting and conspiring to commit those offenses, which are felonies, in violation of Title 21, United States Code, Section 843(b).

  3. It was part of the conspiracy that the defendants possessed with the intent to distribute and distributed multi-kilogram quantities of mixtures containing heroin and cocaine; hundreds of pounds of marijuana; thousands of amphetamine pills; thousands of Talwin and Triplenamine pills (hereinafter "T's and Blues"); multi-liter quantities of codeine syrup; and large quantities of Phencyclidine (hereinafter "PCP").

  4. It was further part of the conspiracy that between approximately 1966 and 1977 members of the conspiracy, including defendants ALAN KNOX, SAMMY KNOX, EDWARD WILLIAMS, WALTER POLLARD, ANTHONY SUMNER, FLOYD DAVIS, ANDREW CRAIG, JACKIE CLAY, JAMES SPEIGHTS, MICHAEL SARDIN, HARRY EVANS, EARL HAWKINS, DERRICK KEES, DERRICK PORTER, JAKE CROWDER, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, JAMES WALKER, THOMAS BATES, ROGER BOWMAN, LEWIS HOOVER, WILLIAM DOYLE, FELIX MAYES, and others known and unknown to the Grand Jury, including Jeff Fort, Ronald Jennings, Ray Ferguson, Melvin Lamb, and Andrew Fort, possessed with the intent to distribute and distributed marijuana, amphetamine pills, codeine syrup, T's and Blues, and PCP in various areas and neighborhoods in the Southside of Chicago and in Milwaukee, Wisconsin controlled by the enterprise described in paragraphs one through ten of Count One of this indictment.

  5. It was further part of the conspiracy that between in or about 1972 through in or about 1982, defendant EDWARD WILLIAMS obtained and distributed to other members of the conspiracy large quantities of codeine syrup and T's and Blues, which were then sold on the streets on the Southside of Chicago by members of the conspiracy.

  6. It was further part of the conspiracy that between in or about 1977 through in or about 1982, Jeff Fort purchased large quantities of cocaine from an Hispanic source named "Jose", and distributed this cocaine to other members of the conspiracy for sale on the streets of the Southside of Chicago and in Milwaukee, Wisconsin.

  7. It was further part of the conspiracy that between approximately 1976 and 1983, members of the conspiracy, including defendants ANTHONY SUMNER, J. L. HOUSTON, EARL HAWKINS, WILLIAM DOYLE, ALAN KNOX, and C. D. Jackson made regular trips to Detroit, Michigan, purchased thousands of T's and Blues pills, and brought them back to Chicago where they were sold by members of the conspiracy throughout the Southside of Chicago.

  8. It was further part of the conspiracy that from about 1979 through about 1986, C. D. Jackson supplied and sold large quantities of cocaine and marijuana to other members of the conspiracy for resale by the El Rukn organization.

  9. It was further part of the conspiracy that from about 1980 through about 1986 members of the conspiracy, including defendants MELVIN MAYES, ALAN KNOX, HENRY LEON HARRIS, J. L. HOUSTON, and Ricky Dean Williams, and Ray Ferguson traveled from Chicago to Florida in order to purchase large quantities of cocaine and marijuana on behalf of the members of the conspiracy.

  10. It was further part of the conspiracy that in approximately 1982, members of the conspiracy, including defendant HENRY LEON HARRIS, purchased large quantities of marijuana on behalf of the members of the conspiracy from an individual known as "Mimi" on the North side of Chicago.

  11. It was further part of the conspiracy that in late 1982, DERRICK PORTER, WILLIAM DOYLE, DERRICK KEES, and other members of the conspiracy, including Jeff Fort, Henry Timothy, and Andrew Fort, travelled from Chicago, Illinois to Mississippi, where Jeff Fort made arrangements to purchase marijuana.

  12. It was further part of the conspiracy that in early 1983, members of the conspiracy made several trips from Chicago, Illinois to Mississippi to purchase marijuana for sale in Chicago.

  13. It was further part of the conspiracy that in a series of telephone conversations between on or about March 25, 1983 and April 4, 1983, Jeff Fort, who was in Chicago, Illinois, discussed and arranged with Mississippi Bureau of Narcotics Agent Bill Marshall, who was in Tupelo, Mississippi and was posing as a drug dealer nicknamed "Tank", to exchange eight ounces of cocaine and $ 18,750 from Fort for 100 pounds of marijuana from Marshall.

  14. It was further part of the conspiracy that on April 4, 1983, defendant WILLIAM DOYLE and Henry Timothy, acting on the orders of Jeff Fort, drove from Chicago, Illinois to Tupelo, Mississippi to conduct the cocaine and marijuana transaction with Mississippi Bureau of Narcotics Agent Bill Marshall.

  15. It was further part of the conspiracy that on April 5, 1983, defendant WILLIAM DOYLE, acting on the orders of Jeff Fort and aided by Henry Timothy, handed approximately 200 grams of cocaine and $ 18,750 to Bill Marshall in a Ramada Inn in Tupelo, Mississippi.

  16. It was further part of the conspiracy that in approximately July 1983, defendants NOAH ROBINSON, HENRY LEON HARRIS, MELVIN MAYES, and Thomas Allen Burnside met in Chicago in order to arrange for Thomas Allen Burnside to sell kilogram quantities of cocaine on a regular basis to the El Rukn organization. Between about August 1983 through about December 1984, defendants HENRY LEON HARRIS and MELVIN MAYES, and others known and unknown to the Grand Jury, acting on behalf of the El Rukn organization and Jeff Fort, purchased kilogram quantities of cocaine from Thomas Allen Burnside on an approximately monthly basis.

  17. It was further part of the conspiracy that in about early 1984 Alexander Cooper met with defendant HENRY LEON HARRIS and Bruce Collins and discussed the sale of large quantities of cocaine on a regular basis from Alexander Cooper to the El Rukn organization.

  18. It was further part of the conspiracy that in about early 1984, defendants HENRY LEON HARRIS, CHARLES GREEN, and Ray Ferguson met with Jeff Fort in the Terre Haute Federal Correctional Institution, and Jeff Fort approved the regular purchase of large quantities of cocaine by the El Rukn organization from Alexander Cooper. From about early 1984 through about 1988, the El Rukn organization and members of the conspiracy purchased large amounts of cocaine from Alexander Cooper on a regular basis.

  19. It was further part of the conspiracy that in about October 1985, defendants NOAH ROBINSON, HENRY LEON HARRIS and MELVIN MAYES met in Greenville, South Carolina with Damon Williams in order to discuss and arrange for Damon Williams and another known to the Grand Jury to sell kilogram quantities of cocaine on a regular basis to the El Rukn organization. Between about October 1985 and December 1987, defendants HENRY LEON HARRIS, MELVIN MAYES, and David Hobbs, Ervin Lee, and Herbert Dinkins travelled on an approximately monthly basis from Chicago, Illinois to Greenville, South Carolina in order to purchase kilogram quantities of cocaine on behalf of the El Rukn organization from Damon Williams and another known to the Grand Jury.

  20. It was further part of the conspiracy that in May 1986, defendants HENRY LEON HARRIS and ALAN KNOX travelled to Miami, Florida in order to purchase a large quantity of marijuana from C. D. Jackson.

  21. It was further part of the conspiracy that in May 1986, defendants HENRY LEON HARRIS, ALAN KNOX, and MELVIN MAYES travelled from Chicago, Illinois to Miami, Florida in order to purchase a large quantity of cocaine from Michael Anderson.

  22. It was further part of the conspiracy that in May and June 1986, C. D. Jackson travelled from Miami, Florida to Chicago, Illinois in order to discuss and conduct marijuana and cocaine transactions with members of the El Rukn organization.

  23. It was further part of the conspiracy that in May and June 1986, Michael Anderson travelled from Florida to Chicago, Illinois in order to sell and deliver multikilogram quantities of cocaine to members of the El Rukn organization.

  24. It was further part of the conspiracy that in June 1986, Damon Williams travelled from Greenville, South Carolina to Chicago, Illinois, met with defendants HENRY LEON HARRIS, MELVIN MAYES, and NOAH ROBINSON at 10910 South Michigan Avenue, Chicago, delivered approximately one kilogram of cocaine, and was paid with money ROBINSON was concealing in his residence.

  25. It was further part of the conspiracy that between about 1978 and 1987, Generals and Officers of the El Rukn organization received ounce and multi-ounce quantities of cocaine from defendants DERRICK PORTER, WILLIAM DOYLE, CHARLES GREEN, HENRY LEON HARRIS, MELVIN MAYES, and others known and unknown to the Grand Jury, including Jeff Fort and Ray Ferguson, for sale and distribution on the streets of Chicago, Evanston, Milwaukee, Wisconsin and elsewhere. Ounces of cocaine would be re-packaged into gram or quarter-gram quantities by the respective Generals and Officers for distribution on the streets for between $ 25 - $ 100 per package.

  26. It was further part of the conspiracy that the Generals and Officers would return between $ 1,500 - 2,000 to Jeff Fort and the El Rukn organization for each ounce of cocaine. The Generals and Officers who received ounce and multi-ounce quantities of cocaine and re-packaged and sold it on behalf of Jeff Fort and the El Rukn organization included defendants WALTER POLLARD, JAKE CROWDER, LAWRENCE CROWDER, FLOYD DAVIS, J. L. HOUSTON, WILLIAM DOYLE, DERRICK KEES, HENRY ANDREWS, GEORGE CARTER, BERNARD GREEN, CHARLES GREEN, ALAN KNOX, SAMMY KNOX, DERRICK PORTER, EDWARD WILLIAMS, ROGER BOWMAN, LEWIS HOOVER, JACKIE CLAY, EARL HAWKINS, FELIX MAYES, HARRY EVANS, HENRY LEON HARRIS, THOMAS BATES, ANTHONY SUMNER, MELVIN MAYES, MELVIN TILLMAN, EDWARD WILLIAMS, EDDIE FRANKLIN, ROLAND LEWIS, JAMES SPEIGHTS and others known and unknown to the Grand Jury, including Ray Ferguson, James Walker, Andrew Fort, David Carter, Roderick Haygood, Lewis Lomas, and Melvin Lamb.

  27. It was further part of the conspiracy that in about early 1983, Jeff Fort formed a new group within the El Rukn organization called "The Key Soldiers" or the "Thirty Soldiers", including defendants EUGENE HUNTER, ANDREW CRAIG, EDGAR COOKSEY, JEFF BOYD, and Roderick Haygood, Darryl Lamb, Michael Joiner, Herbert Dinkins, Rocky Easton, Bruce Collins, Virn Polk, Johnny Brown, Michael Sing, Dwayne Price, David Hobbs, David Carter, Michael Herman, Robert Johnson, Lewis Lomas, Kenny Bingham and Ervin Lee. The purpose of the "Key Soldiers" or "Thirty Soldiers" was to provide security for various El Rukn-controlled buildings and locations, as well as to sell narcotics and protect lower-level street workers from interference by rival narcotics sellers.

  28. It was further part of the conspiracy that in about 1984, Jeff Fort formed a new rank with the El Rukn hierarchy called "Ambassadors," and promoted many of the "Key Soldiers" or "Thirty Soldiers" to "Ambassador," including Kenny Bingham, Johnny Brown, Bruce Collins, Herbert Dinkins, Rocky Easton, Stanley Hagler, Roderick Haygood, Michael Herman, David Hobbs, Robert Johnson, Victor Johnson, Ervin Lee, Louis Lomas, Virn Polk, Dwayne Price, Michael Sing, and others known and unknown to the Grand Jury.

  29. It was further part of the conspiracy that cocaine acquired in large quantities from defendant RICKY DEAN WILLIAMS, and Thomas Allen Burnside, Alexander Cooper, Damon Williams, Michael Anderson, C. D. Jackson, Jose, and other sources between 1982 and the date of this indictment was cut and mixed with other substances in order to dilute its strength and potency, and packaged into small quantities which were then sold for amounts ranging between $ 25 - $ 100. Defendants MELVIN MAYES and HENRY LEON HARRIS cut, mixed, and packaged cocaine in an El Rukn-controlled building at 6417 S. Kenwood and at the "Fort" in Chicago, with defendants ALAN KNOX, EDWARD WILLIAMS, WALTER POLLARD, HARRY EVANS, and Ray Ferguson, acting as overseers of the cutting, mixing, and packaging operation.

  30. It was further part of the conspiracy that from about 1982 through the date of this indictment, cocaine packaged in small amounts for easy street sale was sold by members of the conspiracy, including Generals, Officers, Ambassadors, members of the "Key Soldiers" or "Thirty Soldiers", and others known and unknown to the Grand Jury, from various El Rukn-controlled buildings and locations in Chicago, Evanston, and Harvey, Illinois, and Milwaukee, Wisconsin, including from "dope flats" which were apartments set up for the sale of narcotics.

  31. It was further part of the conspiracy that members of the conspiracy moved regularly between locations controlled by the El Rukns in order to sell and oversee the sale of cocaine. At various times, the following members of the conspiracy, among others known and unknown to the Grand Jury, sold and oversaw the sale of cocaine from the following El Rukn-controlled locations:

  (1) 7425-57 S. Kingston Avenue, Chicago (Peace and Love Building)

  HENRY LEON HARRIS, MICHAEL SARDIN, EDDIE FRANKLIN, Ronald Jennings, David Carter, James Walker, Andrew Fort, Herbert Dinkins, Darryl Lamb, Michael Herman.

  (2) 7525-47 S. Kingston Avenue, Chicago (The East Side)

  JAMES SPEIGHTS, EDWARD WILLIAMS, WALTER POLLARD, Herbert Dinkins, Louis Lomas.

  (3) 6410 S. Minerva Street, Chicago (The Morroco)

  DERRICK KEES, EARL HAWKINS, CHARLES GREEN, THOMAS BATES, JAMES SPEIGHTS, JEFF BOYD, Ray Ferguson, Michael Joiner, Victor Johnson, Johnny Brown.

  (4) 6417 S. Kenwood Avenue, Chicago (The Alahambra)

  ANTHONY SUMNER, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, BERNARD GREEN, DERRICK PORTER, Jeff Fort.

  (5) 6400 S. Woodlawn Avenue, Chicago (The Wedgewood)

  HENRY LEON HARRIS, CHARLES GREEN, THOMAS BATES, EDDIE FRANKLIN, BERNARD GREEN, Ray Ferguson, Bruce Collins.

  (6) 4559-67 to 4601-05 S. Woodlawn Avenue, Chicago (The Five Point Terrace)

  JACKIE CLAY, ROLAND LEWIS.

  (7) 7701 S. Kingston Avenue, Chicago

  Rocky Easton, Michael Joiner, Darryl Lamb, Bruce Collins, David Carter, Herbert Dinkins.

  (8) 6319 S. Kenwood Avenue, Chicago (The Stonehedge)

  JAMES SPEIGHTS, Michael Herman.

  (9) 76th Street and S. Essex Avenue, Chicago

  EUGENE HUNTER, RONALD JENNINGS, Bruce Collins, Darryl Lamb.

  (10) 76th Street and S. Kingston Avenue, Chicago

  EDWARD WILLIAMS, Virn Polk, Darryl Lamb, Herbert Dinkins, Bruce Collins, Michael Joiner.

  (11) 6414-16 S. Kenwood Avenue, Chicago

  JAKE CROWDER

  (12) 6151 S. Kenwood Ave., Chicago

  JAMES SPEIGHTS

  (13) 6346 S. Kenwood Avenue, Chicago

  JAMES SPEIGHTS

  (14) Altgeld Gardens Housing Projects

  WALTER POLLARD, EARL HAWKINS.

  (15) 39th Street and S. Drexel Boulevard, Chicago

  ALAN KNOX, FLOYD DAVIS, HARRY EVANS, EDWARD WILLIAMS, EARL HAWKINS, MICHAEL SARDIN, Michael Sing.

  (16) 3947 S. Drexel Boulevard, Chicago (The Fort)

  ALAN KNOX, HENRY LEON HARRIS, MELVIN MAYES, CHARLES GREEN, Dwayne Price, Michael Sing.

  (17) 727 E. 38th Place, Chicago

  ALAN KNOX, SAMMY KNOX.

  (18) 706 E. 39th Street, Chicago

  ALAN KNOX, SAMMY KNOX, Dwayne Price.

  (19) 730 E. 39th Street, Chicago

  Dwayne Price

  (20) 3939 S. Lake Park, Chicago

  ALAN KNOX, Michael Sing.

  (21) 811 and 821 E. 41st Street, Chicago

  EDWARD WILLIAMS

  (22) E. 39th Street, Calumet Ave. to Lake Michigan, Chicago

  (23) 4040 S. Lake Park Avenue, Chicago

  HARRY EVANS, ALAN KNOX.

  (24) 6435 S. Harper Avenue, Chicago

  ROLAND LEWIS, JAKE CROWDER.

  (25) 87th Street and S. Vincennes Avenue, Chicago

  MELVIN TILLMAN

  (26) 54th Street and S. Bishop St. area, Chicago

  WALTER POLLARD, Roderick Haygood, Robert Johnson, Kenny Bingham, Ronald Jennings, Rocky Easton.

  (27) 8243 S. Marshfield Avenue, Chicago

  EDWARD WILLIAMS

  (28) 67th Street and S. Stony Island Blvd. Chicago

  Johnny Brown

  (29) Crest Hotel, 6724 S. Stony Island Ave., Chicago

  DERRICK KEES, BERNARD GREEN.

  (30) 67th Street and S. Blackstone Avenue, Chicago

  (31) 67th Street and S. Dorchester Avenue, Chicago

  (32) 5408 S. Lommis Avenue, Chicago

  Robert Johnson, Roderick Haygood.

  (33) 55th Street and S. Indiana Avenue, Chicago

  EDGAR COOKSEY

  (34) Central Street and W. Madison Avenue, Chicago

  David Carter, Bruce Collins, Virn Polk.

  (35) Evanston, and Skokie, Illinois

  HENRY ANDREWS, GEORGE CARTER, BERNARD GREEN, Paul Downie.

  (36) Harvey, Illinois

  James Walker

  (37) Milwaukee, Wisconsin

  ROGER BOWMAN, LEWIS HOOVER, JAKE CROWDER, FELIX MAYES, HENRY LEON HARRIS, Louis Lomas.

  32. It was further part of the conspiracy that in about January 1985, defendants HENRY LEON HARRIS and MELVIN MAYES met with defendant NOAH ROBINSON at his residence at 10910 S. Michigan Avenue in Chicago and discussed the purchase of heroin from Harold Jones and Codell Griffin in New York City.

  33. It was further part of the conspiracy that in about January 1985, defendant NOAH ROBINSON arranged a meeting between defendants HENRY LEON HARRIS and MELVIN MAYES, and Harold Jones in New York City during which MAYES and HARRIS purchased a large quantity of heroin from Jones.

  34. It was further part of the conspiracy that during 1985, defendants HENRY LEON HARRIS, MELVIN MAYES, and others known and unknown to the Grand Jury met in New York City on several occasions with Harold Jones and Codell Griffin in order to purchase large quantities of heroin for sale on the street in Chicago by members of the conspiracy.

  35. It was further part of the conspiracy that in approximately January 1985, Jeff Fort and Alexander Cooper agreed that Cooper would furnish and sell large quantities of heroin to the El Rukn organization in exchange for protection by members of the El Rukn organization, and that Fort and Cooper would become partners in the distribution of heroin in Chicago.

  36. It was further part of the conspiracy that in about February 1985, Jeff Fort and Alexander Cooper formed members of the El Rukns and others known and unknown to the Grand Jury into a group which they called "The Gorilla Family" in order to cut, mix, package, and sell heroin on the streets of Chicago.

  37. It was further part of the conspiracy that members of the "Gorilla Family" used code names other than their El Rukn names in order to conceal the fact that the El Rukn organization was engaged in heroin trafficking. Jeff Fort took the name "King Kong" and Alexander Cooper took the name "King Ghost" as part of their agreement to form and operate the "Gorilla Family".

  38. It was further part of the conspiracy that in about February 1985, Jeff Fort appointed defendants MELVIN MAYES, HENRY LEON HARRIS, DERRICK KEES, CHARLES GREEN, and SAMMY KNOX as the leaders of the "Gorilla Family". Other members of the "Gorilla Family" included defendants EDGAR COOKSEY, JAMES SPEIGHTS, ANDREW CRAIG, ROLAND LEWIS, HENRY ANDREWS, MICHAEL SARDIN, JEFF BOYD, and others known and unknown to the Grand Jury, including Andrew Fort, Darryl Lamb, Herbert Dinkins, Rocky Easton, Bruce Collins, Virn Polk, Alvin Toney, Johnny Brown, Michael Herman, Michael Sing, David Carter, David Hobbs, Dwayne Price, and Louis Lomas.

  39. It was further part of the conspiracy that defendants HENRY LEON HARRIS, SAMMY KNOX, and MELVIN MAYES oversaw the cutting, mixing, and packaging of heroin at various El Rukn-controlled locations, including the "Fort" at 3947 S. Drexel Boulevard, 6435 S. Harper Avenue, and 7854 S. Coles Avenue in Chicago. Leaders of the Gorilla Family, including defendants SAMMY KNOX and DERRICK KEES, rode with Alexander Cooper as overseers and protectors of the heroin operation.

  40. It was further part of the conspiracy that in about March 1985, the "Gorilla Family" began selling heroin from various locations in the city of Chicago including:

  (1) 67th Street and S. Stony Island Avenue;

  (2) 75th Street and S. Colfax Avenue;

  (3) 47th Street and S. Lake Park Avenue;

  (4) 62nd Street and S. Woodlawn Avenue;

  (5) W. Washington Avenue and Parkway;

  (6) 7701 S. Kingston Avenue;

  (7) 75th and S. Kingston Avenue;

  (8) 7535 S. Kingston Avenue;

  (9) 6410 S. Minerva Avenue;

  (10) 54th and S. Bishop Street;

  (11) 55th Street and S. Indiana Ave.;

  (12) 55th Street and S. Ashland Boulevard;

  (13) 79th Street and S. Cottage Grove Avenue;

  (14) 39th Street and S. Drexel Boulevard;

  (15) 37th Street and S. Indiana Avenue;

  (16) 62nd Street and S. Kenwood Avenue;

  (17) Central and W. Madison Avenue;

  and other El Rukn-controlled buildings and locations in the city of Chicago. Members of the "Gorilla Family" were rotated among these various locations on a regular basis.

  41. It was further part of the conspiracy that members of the "Gorilla Family", including defendants HENRY LEON HARRIS, DERRICK KEES, JAMES SPEIGHTS, and Darryl Lamb, Herbert Dinkins, and Michael Joiner delivered heroin packaged in $ 10 or "dime" bags to other members of the "Gorilla Family" for sale on the streets of Chicago. Other members of the "Gorilla Family" were assigned various roles in the operation, including acting as armed protection or "guns"; acting as lookouts or "eyes"; acting as money collectors; and distributing heroin packets to street purchasers.

  42. It was further part of the conspiracy that the protectors or "guns" for the "Gorilla Family" included defendants ANDREW CRAIG, EDGAR COOKSEY, DERRICK KEES, HENRY ANDREWS, MICHAEL SARDIN, and others known and unknown to the Grand Jury, including Rocky Easton, Alvin Toney, David Carter, and Nathson Fields. Street sellers, lookouts, and money collectors for street sales included defendants JAMES SPEIGHTS, ROLAND LEWIS, EDGAR COOKSEY, ANDREW CRAIG, HENRY ANDREWS, JEFF BOYD, and others known and unknown to the Grand Jury, including Dwayne Price, Virn Polk, David Hobbs, Michael Herman, David Carter, Bruce Collins, Victor Johnson, Herbert Dinkins, Michael Joiner, Michael Sing, Andrew Fort, and Johnny Brown.

  43. It was further part of the conspiracy that the defendants used houses and other locations in Chicago, Illinois and Milwaukee, Wisconsin to conceal the proceeds of their sale of narcotics.

  44. It was further part of the conspiracy that the defendants possessed, used, and carried firearms in order to facilitate the sale of narcotics.

  45. It was further part of the conspiracy that the defendants used coded language and other means to avoid detection by law enforcement authorities and to otherwise provide security to the other members of the conspiracy.

  46. It was further part of the conspiracy that the defendants utilized the telephones and paging systems to further the objects of the conspiracy.

  47. It was further part of the conspiracy that the defendants misrepresented and caused to misrepresented, concealed, and hidden the purposes of and the acts done in furtherance of the conspiracy.

  All in violation of Title 21, United States Code, Section 846.

  COUNT FOUR

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as fully set forth herein.

  2. From in or about April 1985 to on or about April 30, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

  HENRY ANDREWS, THOMAS BATES, JEFF BOYD, GEORGE CARTER, JACKIE CLAY, EDGAR COOKSEY, ANDREW CRAIG, FLOYD DAVIS, HARRY EVANS, EDDIE FRANKLIN, BERNARD GREEN, CHARLES GREEN, HENRY LEON HARRIS, DERRICK KEES, ALAN KNOX, SAMMY KNOX, ROLAND LEWIS, MELVIN MAYES, WALTER POLLARD, MICHAEL SARDIN, JAMES SPEIGHTS, MELVIN TILLMAN, and EDWARD WILLIAMS,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, Johnny Brown, David Carter, Bruce Collins, Herbert Dinkins, Rocky Easton, Ray Ferguson, Nathson Fields, Andrew Fort, Roderick Haygood, Michael Herman, Robert Johnson, Alvin Toney, and James Walker, did conspire and agree to murder and attempt to murder Tredis Murray, Herman Jackson, Theotis Clark, Andre Chalmers, Rico Chalmers and other members of the "King Cobras", a rival gang, for the purpose of maintaining and increasing their positions in an enterprise engaged in racketeering activity, to wit, the El Rukns.

  All in violation of Title 18, United States Code, Sections 1952B(a)(5) and 2.

  COUNT FIVE

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. On or about April 23, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

  CHARLES GREEN, DERRICK KEES, ANDREW CRAIG and EDGAR COOKSEY,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, did assault with a dangerous weapon and commit assault resulting in serious bodily injury to Theotis Clark, a member of the "King Cobras" also known as "T", for the purpose of maintaining and increasing their positions in an enterprise engaged in racketeering activity, to wit, the El Rukns.

  All in violation of Title 18, United States Code, Sections 1952B(a)(3) and 2.

  COUNT SIX

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. On or about April 27, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

  ANDREW CRAIG and CHARLES GREEN,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, Andrew Fort, and David Carter, did murder Robert Jackson, also known as "Dog" and the brother of "King Cobra" leader Herman "Moose" Jackson, for the purpose of maintaining and increasing their positions in an enterprise engaged in racketeering activity, to wit, the El Rukns.

  All in violation of Title 18, United States Code, Sections 1952B(a)(1) and 2.

  COUNT SEVEN

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. On or about April 30, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

  ALAN KNOX and JEFF BOYD,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, James Walker, Roderick Haygood, and Robert Johnson, did murder Rico Chalmers, Glendon McKinley, and Vickie Nolden, and did attempt to murder Andre Chalmers, Rico and Andre Chalmers being members of the "King Cobras", for the purpose of maintaining and increasing their positions in an enterprise engaged in racketeering activity, to wit, the El Rukns.

  All in violation of Title 18, United States Code, Sections 1952B(a)(1) and 2.

  COUNT EIGHT

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. From on or about November 11, 1985 to on or about November 14, 1985, at Chicago, in the Northern District of Illinois, and in Texas,

  DERRICK KEES, HENRY LEON HARRIS, MELVIN MAYES and EUGENE HUNTER,

  defendants herein, and and others known and unknown to the Grand Jury, including Jeff Fort and Noah Robinson, travelled in and caused others to travel in interstate commerce with the intent to murder Robert Peter Aulston in violation of the laws of the States of Illinois and Texas, as consideration for the receipt of and as consideration for a promise to pay money.

  All in violation of Title 18, United States Code, Sections 1952A(a) and 2.

  COUNT NINE

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. From on or about December 23, 1985 to on or about January 3, 1986, at Chicago, in the Northern District of Illinois, and at Greenville, South Carolina, and in Texas,

  NOAH ROBINSON, EDGAR COOKSEY, ALAN KNOX, JACKIE CLAY, EUGENE HUNTER, HENRY LEON HARRIS and MELVIN MAYES,

  defendants herein, and others known and unknown to the Grand Jury, including Jeff Fort, travelled in and caused others to travel in interstate commerce with the intent to murder Leroy Barber, also known as "Hambone", in violation of the laws of the States of Illinois and South Carolina, as consideration for the receipt of and as consideration for a promise to pay money.

  All in violation of Title 18, United States Code, Sections 1952A(a) and 2.

  COUNT NINE(A)

  THE SPECIAL APRIL 1987 GRAND JURY further charges:

  1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

  2. In or about January, 1987, at Chicago, in the Northern District of Illinois, Eastern Division,

  JEFF BOYD, SAMMY KNOX, MICHAEL SARDIN, and JAMES SPEIGHTS,

  defendants herein, and others known and unknown to the Grand Jury, including David Hobbs, did kidnap Patricia McKinley for the purpose of maintaining and increasing their positions in an enterprise engaged in racketeering activity, to wit, the El Rukns.

  All in violation of Title 18, United States Code, Sections 1952B(a)(1) and 2.

[1000]     COUNT TEN

[1001]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1002]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1003]     2. On or about September 30, 1987, at Chicago, in the Northern District of Illinois,

[1004]     NOAH ROBINSON,

[1005]     defendant herein, and others known and unknown to the Grand Jury, with the intent to hinder, delay, and prevent the communication to law enforcement officers or a judge of the United States of information relating to the commission and possible commission of Federal offenses, knowingly engaged in misleading conduct towards Henry Leon Harris by falsely promising to pay Henry Leon Harris to provide false statements under oath regarding defendant NOAH ROBINSON'S commission and possible commission of Federal offenses, including trafficking in controlled substances and the interstate murder-for-hire of Leroy Barber.

[1006]     All in violation of Title 18, United States Code, Section 1512(b)(3).

[1007]     COUNT ELEVEN

[1008]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1009]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1010]     2. On or about October 9, 1987, at Milwaukee, Wisconsin,

[1011]     FELIX MAYES and LEWIS HOOVER,

[1012]     defendants herein, and others known and unknown to the Grand Jury, including Lewis Lomas, acting at the direction of Jeff Fort, knowingly used intimidation and physical force, that is, invaded and fired numerous shots in Hank's Fun House Tap in Milwaukee, Wisconsin, with the intent to hinder, delay, and prevent Henry Leon Harris from communicating to a law enforcement officer or judge of the United States information relating to the commission and possible commission of Federal offenses, including trafficking in controlled substances and the interstate murder-for-hire of Leroy Barber.

[1013]     All in violation of Title 18, United States Code, Sections 1512(b)(3) and 2.

[1014]     COUNT TWELVE

[1015]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1016]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1017]     2. In and about October 1987,

[1018]     NOAH ROBINSON,

[1019]     defendant herein, travelled in interstate commerce from Chicago, in the Northern District of Illinois, to Greenville, South Carolina, with the intent that Janice Denise Rosemond, also known as "Nicee", be murdered in violation of the laws of the State of South Carolina and of the United States, as consideration for a promise to pay money.

[1020]     All in violation of Title 18, United States Code, Section 1952A(a).

[1021]     COUNT THIRTEEN

[1022]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1023]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1024]     2. From in or about October 1987 to on or about December 4, 1987, at Chicago, in the Northern District of Illinois, and at Greenville, South Carolina,

[1025]     NOAH ROBINSON and FREDDIE ELWOOD SWEENEY,

[1026]     defendants herein, knowingly engaged in conduct which caused bodily injury to Janice Denise Rosemond, also known as "Nicee", with the intent to retaliate against Janice Denise Rosemond for her appearance and testimony before this Grand Jury in August 1987 regarding the interstate murder-for-hire of Leroy Barber.

[1027]     All in violation of Title 18, United States Code, Section 1513(a)(1).

[1028]     COUNT FOURTEEN

[1029]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1030]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1031]     2. From in or about October 1987 to on or about December 4, 1987, at Greenville, South Carolina,

[1032]     NOAH ROBINSON and FREDDIE ELWOOD SWEENEY,

[1033]     defendants herein, attempted to kill Janice Denise Rosemond, with the intent to prevent her attendance and testimony in an official proceeding, and to prevent her communication to a law enforcement officer or judge of the United States of information relating to the commission of a Federal offense, that is, the interstate murder-for-hire of Leroy Barber.

[1034]     All in violation of Title 18, United States Code, Section 1512(a)(1)(A) and (C).

[1035]     COUNT FIFTEEN

[1036]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1037]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1038]     2. In or about July 1988, at Chicago, in the Northern District of Illinois, Eastern Division,

[1039]     NOAH ROBINSON and DERRICK PORTER,

[1040]     defendants herein, did endeavor to impede the due administration of justice by planning to murder Henry Leon Harris in order to prevent him from cooperating with and providing information to law enforcement officials regarding the commission of federal offenses, including narcotics trafficking and interstate murder-for-hire;

[1041]     All in violation of Title 18, United States Code, Section 1503.

[1042]     COUNT SIXTEEN

[1043]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1044]     1. The Grand Jury realleges and incorporates by reference paragraphs one through ten of Count One of the Indictment as though fully set forth herein.

[1045]     2. In or about July 1988, at Chicago, in the Northern District of Illinois, Eastern Division,

[1046]     NOAH ROBINSON,

[1047]     defendant herein, with the intent to hinder, delay, and prevent the communication to law enforcement officers or a judge of the United States of information relating to the commission and possible commission of federal offenses, including narcotics trafficking and the interstate murder-for-hire of Leroy Barber, knowingly engaged in misleading conduct toward Henry Leon Harris by falsely promising to pay Henry Leon Harris to leave the United States.

[1048]     All in violation of Title 18, United States Code, Section 1512(b)(3).

[1049]     COUNT SEVENTEEN

[1050]     THE SPECIAL APRIL 1987 GRAND JURY charges:

[1051]     On or about January 22, 1985, at Evanston, in the Northern District of Illinois, Eastern Division,

[1052]     GEORGE CARTER,

[1053]     defendant herein, knowingly and intentionally did distribute approximately 0.36 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1054]     In violation of Title 21, United States Code, Section 841(a)(1).

[1055]     COUNT EIGHTEEN

[1056]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1057]     On or about February 5, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1058]     ALAN KNOX,

[1059]     defendant herein, and Michael Sing, knowingly and intentionally did distribute approximately 1.14 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1060]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1061]     COUNT NINETEEN

[1062]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1063]     On or about February 7, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1064]     ALAN KNOX,

[1065]     defendant herein, and Roderick Haygood, knowingly and intentionally did distribute approximately 2.75 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1066]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1067]     COUNT TWENTY

[1068]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1069]     On or about July 18, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1070]     JAMES SPEIGHTS,

[1071]     defendant herein, knowingly and intentionally did distribute approximately 0.67 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1072]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1073]     COUNT TWENTY-ONE

[1074]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1075]     On or about July 25, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1076]     JAMES SPEIGHTS,

[1077]     defendant herein, knowingly and intentionally did distribute approximately 0.71 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1078]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1079]     COUNT TWENTY-TWO

[1080]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1081]     On or about September 13, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1082]     JAMES SPEIGHTS,

[1083]     defendant herein, knowingly and intentionally did distribute approximately 2.45 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1084]     In violation of Title 21, United States Code, Section 841(a)(1).

[1085]     COUNT TWENTY-THREE

[1086]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1087]     On or about October 3, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1088]     JAMES SPEIGHTS,

[1089]     defendant herein, knowingly and intentionally did distribute approximately 12.88 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1090]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1091]     COUNT TWENTY-FOUR

[1092]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1093]     On or about October 4, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1094]     ROLAND LEWIS,

[1095]     defendant herein, knowingly and intentionally did distribute approximately 13.81 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1096]     In violation of Title 21, United States Code, Section 841(a)(1).

[1097]     COUNT TWENTY-FIVE

[1098]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1099]     On or about October 14, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1100]     JAMES SPEIGHTS,

[1101]     defendant herein, knowingly and intentionally possessed with intent to distribute approximately 1.0 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1102]     In violation of Title 21, United States Code, Section 841(a)(1).

[1103]     COUNT TWENTY-SIX

[1104]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1105]     On or about November 1, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1106]     ROLAND LEWIS,

[1107]     defendant herein, knowingly and intentionally did distribute approximately 13.36 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1108]     In violation of Title 21, United States Code, Section 841(a)(1).

[1109]     COUNT TWENTY-SEVEN

[1110]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1111]     On or about November 13, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1112]     FLOYD DAVIS,

[1113]     defendant herein, knowingly and intentionally did distribute approximately 11.58 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1114]     In violation of Title 21, United States Code, Section 841(a)(1).

[1115]     COUNT TWENTY-EIGHT

[1116]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1117]     On or about May 9, 1986, at Chicago, in the Northern District of Illinois, Eastern Division,

[1118]     ALAN KNOX,

[1119]     defendant herein, knowingly and intentionally did distribute approximately 27.88 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1120]     In violation of Title 21, United States Code, Section 841(a)(1).

[1121]     COUNT TWENTY-NINE

[1122]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1123]     On or about June 21, 1986, at Chicago, in the Northern District of Illinois, Eastern Division,

[1124]     ALAN KNOX,

[1125]     defendant herein, and Jeff Fort, knowingly and intentionally did distribute approximately 26.18 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1126]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1127]     COUNT THIRTY

[1128]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1129]     On or about January 8, 1987, at Chicago, in the Northern District of Illinois, Eastern Division,

[1130]     JAMES SPEIGHTS,

[1131]     defendant herein, knowingly and intentionally did distribute approximately 1.82 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1132]     In violation of Title 21, United States Code, Section 841(a)(1).

[1133]     COUNT THIRTY-ONE

[1134]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1135]     On or about January 23, 1987, at Chicago, in the Northern District of Illinois, Eastern Division,

[1136]     EDWARD WILLIAMS,

[1137]     defendant herein, knowingly and intentionally possessed with intent to distribute approximately 1.31 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1138]     In violation of Title 21, United States Code, Section 841(a)(1).

[1139]     COUNT THIRTY-TWO

[1140]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1141]     On or about October 24, 1988, at Chicago, in the Northern District of Illinois, Eastern Division,

[1142]     JEFF BOYD,

[1143]     defendant herein, knowingly and intentionally did distribute approximately 0.12 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1144]     In violation of Title 21, United States Code, Section 841(a)(1).

[1145]     COUNT THIRTY-THREE

[1146]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1147]     On or about January 14, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1148]     JEFF BOYD,

[1149]     defendant herein, knowingly and intentionally possessed with intent to distribute approximately 8.1 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1150]     In violation of Title 21, United States Code, Section 841(a)(1).

[1151]     COUNT THIRTY-FOUR

[1152]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1153]     On or about March 28, 1986, at approximately 6:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1154]     MELVIN MAYES,

[1155]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1156]     All in violation of Title 21, United States Code, Section 843(b).

[1157]     COUNT THIRTY-FIVE

[1158]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1159]     On or about March 29, 1986, at approximately 6:14 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1160]     MELVIN MAYES,

[1161]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1162]     All in violation of Title 21, United States Code, Section 843(b).

[1163]     COUNT THIRTY-SIX

[1164]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1165]     On or about March 29, 1986, at approximately 9:50 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1166]     MELVIN MAYES,

[1167]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1168]     All in violation of Title 21, United States Code, Section 843(b).

[1169]     COUNT THIRTY-SEVEN

[1170]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1171]     On or about March 31, 1986, at approximately 9:55 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1172]     MELVIN MAYES,

[1173]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1174]     All in violation of Title 21, United States Code, Section 843(b).

[1175]     COUNT THIRTY-EIGHT

[1176]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1177]     On or about March 31, 1986, at approximately 10:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1178]     MELVIN MAYES,

[1179]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1180]     All in violation of Title 21, United States Code, Section 843(b).

[1181]     COUNT THIRTY-NINE

[1182]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1183]     On or about April 5, 1986, at approximately 7:45 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1184]     MELVIN MAYES and HENRY LEON HARRIS,

[1185]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1186]     All in violation of Title 21, United States Code, Section 843(b).

[1187]     COUNT FORTY

[1188]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1189]     On or about April 6, 1986, at approximately 5:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1190]     MELVIN MAYES,

[1191]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1192]     All in violation of Title 21, United States Code, Section 843(b).

[1193]     COUNT FORTY-ONE

[1194]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1195]     On or about April 7, 1986, at approximately 3:32 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1196]     MELVIN MAYES, ALAN KNOX and JACKIE CLAY,

[1197]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1198]     All in violation of Title 21, United States Code, Section 843(b).

[1199]     COUNT FORTY-TWO

[1200]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1201]     On or about April 7, 1986, at approximately 9:42 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1202]     MELVIN MAYES,

[1203]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1204]     All in violation of Title 21, United States Code, Section 843(b).

[1205]     COUNT FORTY-THREE

[1206]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1207]     On or about April 11, 1986, at approximately 3:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1208]     MELVIN MAYES,

[1209]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1210]     All in violation of Title 21, United States Code, Section 843(b).

[1211]     COUNT FORTY-FOUR

[1212]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1213]     On or about April 11, 1986, at approximately 6:39 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1214]     MELVIN MAYES,

[1215]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1216]     All in violation of Title 21, United States Code, Section 843(b).

[1217]     COUNT FORTY-FIVE

[1218]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1219]     On or about April 11, 1986, at approximately 10:49 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1220]     MELVIN MAYES,

[1221]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1222]     All in violation of Title 21, United States Code, Section 843(b).

[1223]     COUNT FORTY-SIX

[1224]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1225]     On or about April 13, 1986, at approximately 11:53 3 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1226]     MELVIN MAYES,

[1227]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1228]     All in violation of Title 21, United States Code, Section 843(b).

[1229]     COUNT FORTY-SEVEN

[1230]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1231]     On or about April 17, 1986, at approximately 2:34 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1232]     MELVIN MAYES,

[1233]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1234]     All in violation of Title 21, United States Code, Section 843(b).

[1235]     COUNT FORTY-EIGHT

[1236]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1237]     On or about April 17, 1986, at approximately 6:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1238]     THOMAS BATES,

[1239]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1240]     All in violation of Title 21, United States Code, Section 843(b).

[1241]     COUNT FORTY-NINE

[1242]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1243]     On or about April 17, 1986, at approximately 10:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1244]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1245]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1246]     All in violation of Title 21, United States Code, Section 843(b).

[1247]     COUNT FIFTY

[1248]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1249]     On or about April 19, 1986, at approximately 10:20 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1250]     MELVIN MAYES,

[1251]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1252]     All in violation of Title 21, United States Code, Section 843(b).

[1253]     COUNT FIFTY-ONE

[1254]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1255]     On or about April 21, 1986, at approximately 9:27 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1256]     MELVIN MAYES,

[1257]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1258]     All in violation of Title 21, United States Code, Section 843(b).

[1259]     COUNT FIFTY-TWO

[1260]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1261]     On or about April 23, 1986, at approximately 9:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1262]     MELVIN MAYES and BERNARD GREEN,

[1263]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1264]     All in violation of Title 21, United States Code, Section 843(b).

[1265]     COUNT FIFTY-THREE

[1266]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1267]     On or about April 23, 1986, at approximately 10:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1268]     MELVIN MAYES,

[1269]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1270]     All in violation of Title 21, United States Code, Section 843(b).

[1271]     COUNT FIFTY-FOUR

[1272]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1273]     On or about April 24, 1986, at approximately 6:01 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1274]     MELVIN MAYES,

[1275]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1276]     All in violation of Title 21, United States Code, Section 843(b).

[1277]     COUNT FIFTY-FIVE

[1278]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1279]     On or about April 24, 1986, at approximately 10:07 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1280]     MELVIN MAYES,

[1281]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1282]     All in violation of Title 21, United States Code, Section 843(b).

[1283]     COUNT FIFTY-SIX

[1284]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1285]     On or about April 25, 1986, at approximately 6:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1286]     MELVIN MAYES,

[1287]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1288]     All in violation of Title 21, United States Code, Section 843(b).

[1289]     COUNT FIFTY-SEVEN

[1290]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1291]     On or about April 27, 1986, at approximately 2:19 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1292]     MELVIN MAYES,

[1293]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1294]     All in violation of Title 21, United States Code, Section 843(b).

[1295]     COUNT FIFTY-EIGHT

[1296]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1297]     On or about April 28, 1986, at approximately 11:05 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1298]     MELVIN MAYES,

[1299]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1300]     All in violation of Title 21, United States Code, Section 843(b).

[1301]     COUNT FIFTY-NINE

[1302]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1303]     On or about April 29, 1986, at approximately 11:08 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1304]     MELVIN MAYES and ALAN KNOX,

[1305]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1306]     All in violation of Title 21, United States Code, Section 843(b).

[1307]     COUNT SIXTY

[1308]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1309]     On or about April 29, 1986, at approximately 3:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1310]     MELVIN MAYES, JAKE CROWDER, ROGER BOWMAN and LEWIS HOOVER,

[1311]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1312]     All in violation of Title 21, United States Code, Section 843(b).

[1313]     COUNT SIXTY-ONE

[1314]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1315]     On or about April 29, 1986, at approximately 5:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1316]     MELVIN MAYES, ALAN KNOX, DERRICK KEES, BERNARD GREEN and ROGER BOWMAN,

[1317]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1318]     All in violation of Title 21, United States Code, Section 843(b).

[1319]     COUNT SIXTY-TWO

[1320]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1321]     On or about April 29, 1986, at approximately 9:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1322]     MELVIN MAYES and HENRY LEON HARRIS,

[1323]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1324]     All in violation of Title 21, United States Code, Section 843(b).

[1325]     COUNT SIXTY-THREE

[1326]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1327]     On or about April 30, 1986, at approximately 10:46 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1328]     MELVIN MAYES,

[1329]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1330]     All in violation of Title 21, United States Code, Section 843(b).

[1331]     COUNT SIXTY-FOUR

[1332]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1333]     On or about April 30, 1986, at approximately 11:09 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1334]     MELVIN MAYES,

[1335]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1336]     All in violation of Title 21, United States Code, Section 843(b).

[1337]     COUNT SIXTY-FIVE

[1338]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1339]     On or about May 1, 1986, at approximately 5:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1340]     MELVIN MAYES, ALAN KNOX, JAKE CROWDER, ROLAND LEWIS, BERNARD GREEN, JEFF BOYD and THOMAS BATES,

[1341]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1342]     All in violation of Title 21, United States Code, Section 843(b).

[1343]     COUNT SIXTY-SIX

[1344]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1345]     On or about May 1, 1986, at approximately 6:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1346]     MELVIN MAYES, HENRY LEON HARRIS, JEFF BOYD, JAMES SPEIGHTS and ALAN KNOX,

[1347]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1348]     All in violation of Title 21, United States Code, Section 843(b).

[1349]     COUNT SIXTY-SEVEN

[1350]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1351]     On or about May 1, 1986, at approximately 9:36 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1352]     MELVIN MAYES, ALAN KNOX and ROLAND LEWIS,

[1353]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1354]     All in violation of Title 21, United States Code, Section 843(b).

[1355]     COUNT SIXTY-EIGHT

[1356]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1357]     On or about May 2, 1986, at approximately 5:06 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1358]     MELVIN MAYES,

[1359]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1360]     All in violation of Title 21, United States Code, Section 843(b).

[1361]     COUNT SIXTY-NINE

[1362]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1363]     On or about May 2, 1986, at approximately 8:05 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1364]     MELVIN MAYES,

[1365]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1366]     All in violation of Title 21, United States Code, Section 843(b).

[1367]     COUNT SEVENTY

[1368]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1369]     On or about May 2, 1986, at approximately 9:31 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1370]     MELVIN MAYES,

[1371]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1372]     All in violation of Title 21, United States Code, Section 843(b).

[1373]     COUNT SEVENTY-ONE

[1374]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1375]     On or about May 2, 1986, at approximately 10:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1376]     MELVIN MAYES and JEFF BOYD,

[1377]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1378]     All in violation of Title 21, United States Code, Section 843(b).

[1379]     COUNT SEVENTY-TWO

[1380]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1381]     On or about May 3, 1986, at approximately 11:35 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1382]     JACKIE CLAY,

[1383]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1384]     All in violation of Title 21, United States Code, Section 843(b).

[1385]     COUNT SEVENTY-THREE

[1386]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1387]     On or about May 3, 1986, at approximately 12:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1388]     JACKIE CLAY,

[1389]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1390]     All in violation of Title 21, United States Code, Section 843(b).

[1391]     COUNT SEVENTY-FOUR

[1392]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1393]     On or about May 4, 1986, at approximately 1:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1394]     MELVIN MAYES and ALAN KNOX,

[1395]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1396]     All in violation of Title 21, United States Code, Section 843(b).

[1397]     COUNT SEVENTY-FIVE

[1398]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1399]     On or about May 4, 1986, at approximately 1:40 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1400]     MELVIN MAYES and HENRY LEON HARRIS,

[1401]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1402]     All in violation of Title 21, United States Code, Section 843(b).

[1403]     COUNT SEVENTY-SIX

[1404]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1405]     On or about May 4, 1986, at approximately 3:42 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1406]     MELVIN MAYES and HENRY LEON HARRIS,

[1407]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1408]     All in violation of Title 21, United States Code, Section 843(b).

[1409]     COUNT SEVENTY-SEVEN

[1410]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1411]     On or about May 4, 1986, at approximately 6:36 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1412]     MELVIN MAYES,

[1413]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1414]     All in violation of Title 21, United States Code, Section 843(b).

[1415]     COUNT SEVENTY-EIGHT

[1416]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1417]     On or about May 4, 1986, at approximately 10:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1418]     MELVIN MAYES and ALAN KNOX,

[1419]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1420]     All in violation of Title 21, United States Code, Section 843(b).

[1421]     COUNT SEVENTY-NINE

[1422]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1423]     On or about May 5, 1986, at approximately 6:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1424]     HENRY LEON HARRIS,

[1425]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1426]     All in violation of Title 21, United States Code, Section 843(b).

[1427]     COUNT EIGHTY

[1428]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1429]     On or about May 7, 1986, at approximately 3:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1430]     MELVIN MAYES,

[1431]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1432]     All in violation of Title 21, United States Code, Section 843(b).

[1433]     COUNT EIGHTY-ONE

[1434]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1435]     On or about May 8, 1986, at approximately 5:02 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1436]     HENRY LEON HARRIS,

[1437]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1438]     All in violation of Title 21, United States Code, Section 843(b).

[1439]     COUNT EIGHTY-TWO

[1440]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1441]     On or about May 9, 1986, at approximately 6:34 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1442]     MELVIN MAYES and SAMMY KNOX,

[1443]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and the distribution of cocaine as charged in Count Forty-One;

[1444]     All in violation of Title 21, United States Code, Section 843(b).

[1445]     COUNT EIGHTY-THREE

[1446]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1447]     On or about May 20, 1986, at approximately 2:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1448]     MELVIN MAYES and BERNARD GREEN,

[1449]     defendants herein, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1450]     All in violation of Title 21, United States Code, Section 843(b).

[1451]     COUNT EIGHTY-FOUR

[1452]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1453]     On or about May 20, 1986, at approximately 5:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1454]     MELVIN MAYES and SAMMY KNOX,

[1455]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1456]     All in violation of Title 21, United States Code, Section 843(b).

[1457]     COUNT EIGHTY-FIVE

[1458]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1459]     On or about May 21, 1986, at approximately 6:45 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1460]     MELVIN MAYES,

[1461]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1462]     All in violation of Title 21, United States Code, Section 843(b).

[1463]     COUNT EIGHTY-SIX

[1464]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1465]     On or about May 21, 1986, at approximately 8:35 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1466]     MELVIN MAYES, BERNARD GREEN, JACKIE CLAY, and JAKE CROWDER,

[1467]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1468]     All in violation of Title 21, United States Code, Section 843(b).

[1469]     COUNT EIGHTY-SEVEN

[1470]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1471]     On or about May 21, 1986, at approximately 9:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1472]     MELVIN MAYES,

[1473]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1474]     All in violation of Title 21, United States Code, Section 843(b).

[1475]     COUNT EIGHTY-EIGHT

[1476]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1477]     On or about May 21, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1478]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1479]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1480]     All in violation of Title 21, United States Code, Section 843(b).

[1481]     COUNT EIGHTY-NINE

[1482]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1483]     On or about May 21, 1986, at approximately 9:38 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1484]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1485]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1486]     All in violation of Title 21, United States Code, Section 843(b).

[1487]     COUNT NINETY

[1488]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1489]     On or about May 21, 1986, at approximately 11:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1490]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1491]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1492]     All in violation of Title 21, United States Code, Section 843(b).

[1493]     COUNT NINETY-ONE

[1494]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1495]     On or about May 23, 1986, at approximately 6:44 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1496]     MELVIN MAYES, ALAN KNOX, and HENRY LEON HARRIS

[1497]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1498]     All in violation of Title 21, United States Code, Section 843(b).

[1499]     COUNT NINETY-TWO

[1500]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1501]     On or about May 23, 1986, at approximately 9:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1502]     MELVIN MAYES and HENRY LEON HARRIS,

[1503]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1504]     All in violation of Title 21, United States Code, Section 843(b).

[1505]     COUNT NINETY-THREE

[1506]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1507]     On or about May 23, 1986, at approximately 10:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1508]     MELVIN MAYES and ALAN KNOX,

[1509]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1510]     All in violation of Title 21, United States Code, Section 843(b).

[1511]     COUNT NINETY-FOUR

[1512]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1513]     On or about May 23, 1986, at approximately 11:57 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1514]     ALAN KNOX,

[1515]     defendant herein, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1516]     All in violation of Title 21, United States Code, Section 843(b).

[1517]     COUNT NINETY-FIVE

[1518]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1519]     On or about May 24, 1986, at approximately 9:45 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1520]     ALAN KNOX and JEFF BOYD,

[1521]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1522]     All in violation of Title 21, United States Code, Section 843(b).

[1523]     COUNT NINETY-SIX

[1524]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1525]     On or about May 24, 1986, at approximately 2:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1526]     MELVIN MAYES and ALAN KNOX,

[1527]     defendants herein, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1528]     All in violation of Title 21, United States Code, Section 843(b).

[1529]     COUNT NINETY-SEVEN

[1530]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1531]     On or about May 24, 1986, at approximately 2:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1532]     MELVIN MAYES and ALAN KNOX,

[1533]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1534]     All in violation of Title 21, United States Code, Section 843(b).

[1535]     COUNT NINETY-EIGHT

[1536]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1537]     On or about May 24, 1986, at approximately 2:56 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1538]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1539]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1540]     All in violation of Title 21, United States Code, Section 843(b).

[1541]     COUNT NINETY-NINE

[1542]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1543]     On or about May 24, 1986, at approximately 5:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1544]     MELVIN MAYES,

[1545]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1546]     All in violation of Title 21, United States Code, Section 843(b).

[1547]     COUNT ONE HUNDRED

[1548]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1549]     On or about May 24, 1986, at approximately 8:08 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1550]     MELVIN MAYES,

[1551]     defendant herein, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1552]     All in violation of Title 21, United States Code, Section 843(b).

[1553]     COUNT ONE HUNDRED ONE

[1554]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1555]     On or about May 24, 1986, at approximately 8:46 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1556]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1557]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1558]     All in violation of Title 21, United States Code, Section 843(b).

[1559]     COUNT ONE HUNDRED TWO

[1560]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1561]     On or about May 24, 1986, at approximately 9:41 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1562]     MELVIN MAYES and ALAN KNOX,

[1563]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1564]     All in violation of Title 21, United States Code, Section 843(b).

[1565]     COUNT ONE HUNDRED THREE

[1566]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1567]     On or about May 24, 1986, at approximately 11:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1568]     MELVIN MAYES and HENRY LEON HARRIS,

[1569]     defendants herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1570]     All in violation of Title 21, United States Code, Section 843(b).

[1571]     COUNT ONE HUNDRED FOUR

[1572]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1573]     On or about May 25, 1986, at approximately 10:22 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1574]     ALAN KNOX,

[1575]     defendant herein, and Jeff Fort and Michael Sing, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1576]     All in violation of Title 21, United States Code, Section 843(b).

[1577]     COUNT ONE HUNDRED FIVE

[1578]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1579]     On or about May 25, 1986, at approximately 11:17 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1580]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1581]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1582]     All in violation of Title 21, United States Code, Section 843(b).

[1583]     COUNT ONE HUNDRED SIX

[1584]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1585]     On or about May 27, 1986, at approximately 11:07 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1586]     ALAN KNOX and HENRY LEON HARRIS,

[1587]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1588]     All in violation of Title 21, United States Code, Section 843(b).

[1589]     COUNT ONE HUNDRED SEVEN

[1590]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1591]     On or about May 27, 1986, at approximately 9:28 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1592]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1593]     defendants herein, and Jeff Fort and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1594]     All in violation of Title 21, United States Code, Section 843(b).

[1595]     COUNT ONE HUNDRED EIGHT

[1596]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1597]     On or about May 27, 1986, at approximately 9:43 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1598]     MELVIN MAYES and ALAN KNOX,

[1599]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1600]     All in violation of Title 21, United States Code, Section 843(b).

[1601]     COUNT ONE HUNDRED NINE

[1602]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1603]     On or about May 29, 1986, at approximately 7:32 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1604]     EUGENE HUNTER,

[1605]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1606]     All in violation of Title 21, United States Code, Section 843(b).

[1607]     COUNT ONE HUNDRED TEN

[1608]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1609]     On or about June 5, 1986, at approximately 9:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1610]     MELVIN MAYES,

[1611]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1612]     All in violation of Title 21, United States Code, Section 843(b).

[1613]     COUNT ONE HUNDRED ELEVEN

[1614]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1615]     On or about June 5, 1986, at approximately 3:33 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1616]     ALAN KNOX and MELVIN MAYES,

[1617]     defendants herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1618]     All in violation of Title 21, United States Code, Section 843(b).

[1619]     COUNT ONE HUNDRED TWELVE

[1620]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1621]     On or about June 5, 1986, at approximately 4:11 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1622]     ALAN KNOX, HENRY LEON HARRIS and MELVIN MAYES,

[1623]     defendants herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and the distribution of cocaine as charged in Count Three;

[1624]     All in violation of Title 21, United States Code, Section 843(b).

[1625]     COUNT ONE HUNDRED THIRTEEN

[1626]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1627]     On or about June 5, 1986, at approximately 5:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1628]     MELVIN MAYES,

[1629]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1630]     All in violation of Title 21, United States Code, Section 843(b).

[1631]     COUNT ONE HUNDRED FOURTEEN

[1632]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1633]     On or about June 5, 1986, at approximately 5:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1634]     MELVIN MAYES,

[1635]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1636]     All in violation of Title 21, United States Code, Section 843(b).

[1637]     COUNT ONE HUNDRED FIFTEEN

[1638]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1639]     On or about June 5, 1986, at approximately 5:35 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1640]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1641]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1642]     All in violation of Title 21, United States Code, Section 843(b).

[1643]     COUNT ONE HUNDRED SIXTEEN

[1644]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1645]     On or about June 5, 1986, at approximately 10:40 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1646]     MELVIN MAYES,

[1647]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1648]     All in violation of Title 21, United States Code, Section 843(b).

[1649]     COUNT ONE HUNDRED SEVENTEEN

[1650]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1651]     On or about June 6, 1986, at approximately 11:04 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1652]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1653]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1654]     All in violation of Title 21, United States Code, Section 843(b).

[1655]     COUNT ONE HUNDRED EIGHTEEN

[1656]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1657]     On or about June 6, 1986, at approximately 12:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1658]     MELVIN MAYES,

[1659]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1660]     All in violation of Title 21, United States Code, Section 843(b).

[1661]     COUNT ONE HUNDRED NINETEEN

[1662]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1663]     On or about June 6, 1986, at approximately 4:29 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1664]     MELVIN MAYES,

[1665]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1666]     All in violation of Title 21, United States Code, Section 843(b).

[1667]     COUNT ONE HUNDRED TWENTY

[1668]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1669]     On or about June 6, 1986, at approximately 6:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1670]     JACKIE CLAY,

[1671]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1672]     All in violation of Title 21, United States Code, Section 843(b).

[1673]     COUNT ONE HUNDRED TWENTY-ONE

[1674]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1675]     On or about June 7, 1986, at approximately 10:33 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1676]     ALAN KNOX,

[1677]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1678]     All in violation of Title 21, United States Code, Section 843(b).

[1679]     COUNT ONE HUNDRED TWENTY-TWO

[1680]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1681]     On or about June 7, 1986, at approximately 11:48 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1682]     MELVIN MAYES and HENRY LEON HARRIS,

[1683]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1684]     All in violation of Title 21, United States Code, Section 843(b).

[1685]     COUNT ONE HUNDRED TWENTY-THREE

[1686]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1687]     On or about June 7, 1986, at approximately 10:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1688]     MELVIN MAYES,

[1689]     defendant herein, and Michael Joiner, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1690]     All in violation of Title 21, United States Code, Section 843(b).

[1691]     COUNT ONE HUNDRED TWENTY-FOUR

[1692]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1693]     On or about June 8, 1986, at approximately 12:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1694]     EUGENE HUNTER,

[1695]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1696]     All in violation of Title 21, United States Code, Section 843(b).

[1697]     COUNT ONE HUNDRED TWENTY-FIVE

[1698]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1699]     On or about June 9, 1986, at approximately 2:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1700]     MELVIN MAYES,

[1701]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1702]     All in violation of Title 21, United States Code, Section 843(b).

[1703]     COUNT ONE HUNDRED TWENTY-SIX

[1704]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1705]     On or about June 9, 1986, at approximately 5:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1706]     MELVIN MAYES and ALAN KNOX,

[1707]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1708]     All in violation of Title 21, United States Code, Section 843(b).

[1709]     COUNT ONE HUNDRED TWENTY-SEVEN

[1710]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1711]     On or about June 9, 1986, at approximately 11:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1712]     MELVIN MAYES,

[1713]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1714]     All in violation of Title 21, United States Code, Section 843(b).

[1715]     COUNT ONE HUNDRED TWENTY-EIGHT

[1716]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1717]     On or about June 10, 1986, at approximately 7:43 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1718]     MELVIN MAYES,

[1719]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1720]     All in violation of Title 21, United States Code, Section 843(b).

[1721]     COUNT ONE HUNDRED TWENTY-NINE

[1722]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1723]     On or about June 11, 1986, at approximately 6:12 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1724]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1725]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1726]     All in violation of Title 21, United States Code, Section 843(b).

[1727]     COUNT ONE HUNDRED THIRTY

[1728]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1729]     On or about June 11, 1986, at approximately 9:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1730]     MELVIN MAYES,

[1731]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1732]     All in violation of Title 21, United States Code, Section 843(b).

[1733]     COUNT ONE HUNDRED THIRTY-ONE

[1734]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1735]     On or about June 11, 1986, at approximately 10:50 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1736]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1737]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1738]     All in violation of Title 21, United States Code, Section 843(b).

[1739]     COUNT ONE HUNDRED THIRTY-TWO

[1740]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1741]     On or about June 11, 1986, at approximately 11:20 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1742]     MELVIN MAYES,

[1743]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1744]     All in violation of Title 21, United States Code, Section 843(b).

[1745]     COUNT ONE HUNDRED THIRTY-THREE

[1746]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1747]     On or about June 12, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1748]     ALAN KNOX,

[1749]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1750]     All in violation of Title 21, United States Code, Section 843(b).

[1751]     COUNT ONE HUNDRED THIRTY-FOUR

[1752]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1753]     On or about June 12, 1986, at approximately 2:30 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1754]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1755]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1756]     All in violation of Title 21, United States Code, Section 843(b).

[1757]     COUNT ONE HUNDRED THIRTY-FIVE

[1758]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1759]     On or about June 12, 1986, at approximately 7:16 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1760]     ALAN KNOX,

[1761]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1762]     All in violation of Title 21, United States Code, Section 843(b).

[1763]     COUNT ONE HUNDRED THIRTY-SIX

[1764]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1765]     On or about June 12, 1986, at approximately 7:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1766]     MELVIN MAYES,

[1767]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1768]     All in violation of Title 21, United States Code, Section 843(b).

[1769]     COUNT ONE HUNDRED THIRTY-SEVEN

[1770]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1771]     On or about June 12, 1986, at approximately 11:19 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1772]     ALAN KNOX,

[1773]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1774]     All in violation of Title 21, United States Code, Section 843(b).

[1775]     COUNT ONE HUNDRED THIRTY-EIGHT

[1776]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1777]     On or about June 13, 1986, at approximately 5:03 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1778]     ALAN KNOX,

[1779]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1780]     All in violation of Title 21, United States Code, Section 843(b).

[1781]     COUNT ONE HUNDRED THIRTY-NINE

[1782]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1783]     On or about June 13, 1986, at approximately 5:18 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1784]     MELVIN MAYES,

[1785]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1786]     All in violation of Title 21, United States Code, Section 843(b).

[1787]     COUNT ONE HUNDRED FORTY

[1788]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1789]     On or about June 14, 1986, at approximately 5:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1790]     ALAN KNOX,

[1791]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1792]     All in violation of Title 21, United States Code, Section 843(b).

[1793]     COUNT ONE HUNDRED FORTY-ONE

[1794]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1795]     On or about June 14, 1986, at approximately 5:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1796]     MELVIN MAYES,

[1797]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1798]     All in violation of Title 21, United States Code, Section 843(b).

[1799]     COUNT ONE HUNDRED FORTY-TWO

[1800]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1801]     On or about June 15, 1986, at approximately 7:46 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1802]     MELVIN MAYES, HENRY LEON HARRIS and ALAN KNOX,

[1803]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1804]     All in violation of Title 21, United States Code, Section 843(b).

[1805]     COUNT ONE HUNDRED FORTY-THREE

[1806]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1807]     On or about June 17, 1986, at approximately 8:45 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1808]     MELVIN MAYES,

[1809]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1810]     All in violation of Title 21, United States Code, Section 843(b).

[1811]     COUNT ONE HUNDRED FORTY-FOUR

[1812]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1813]     On or about June 18, 1986, at approximately 1:05 a.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1814]     MELVIN MAYES and ALAN KNOX,

[1815]     defendants herein, and Michael Anderson, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1816]     All in violation of Title 21, United States Code, Section 843(b).

[1817]     COUNT ONE HUNDRED FORTY-FIVE

[1818]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1819]     On or about June 18, 1986, at approximately 9:02 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1820]     ALAN KNOX,

[1821]     defendant herein, and Jeff Fort and Michael Sing, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1822]     All in violation of Title 21, United States Code, Section 843(b).

[1823]     COUNT ONE HUNDRED FORTY-SIX

[1824]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1825]     On or about June 18, 1986, at approximately 11:10 a.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1826]     MELVIN MAYES, ROGER BOWMAN and JAKE CROWDER,

[1827]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1828]     All in violation of Title 21, United States Code, Section 843(b).

[1829]     COUNT ONE HUNDRED FORTY-SEVEN

[1830]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1831]     On or about June 18, 1986, at approximately 2:18 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1832]     MELVIN MAYES, ALAN KNOX and HENRY LEON HARRIS,

[1833]     defendants herein, and Jeff Fort and Michael Sing, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1834]     All in violation of Title 21, United States Code, Section 843(b).

[1835]     COUNT ONE HUNDRED FORTY-EIGHT

[1836]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1837]     On or about June 18, 1986, at approximately 5:56 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1838]     MELVIN MAYES and HENRY LEON HARRIS,

[1839]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1840]     All in violation of Title 21, United States Code, Section 843(b).

[1841]     COUNT ONE HUNDRED FORTY-NINE

[1842]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1843]     On or about June 21, 1986, at approximately 12:09 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1844]     ALAN KNOX and JAKE CROWDER,

[1845]     defendants herein, and Jeff Fort and Ervin Lee, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1846]     All in violation of Title 21, United States Code, Section 843(b).

[1847]     COUNT ONE HUNDRED FIFTY

[1848]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1849]     On or about June 21, 1986, at approximately 2:14 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1850]     MELVIN MAYES,

[1851]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1852]     All in violation of Title 21, United States Code, Section 843(b).

[1853]     COUNT ONE HUNDRED FIFTY-ONE

[1854]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1855]     On or about June 21, 1986, at approximately 8:22 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1856]     HENRY LEON HARRIS,

[1857]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1858]     All in violation of Title 21, United States Code, Section 843(b).

[1859]     COUNT ONE HUNDRED FIFTY-TWO

[1860]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1861]     On or about June 21, 1986, at approximately 9:55 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1862]     ALAN KNOX and HENRY LEON HARRIS,

[1863]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three, and the distribution of cocaine as charged in Count Forty-Five;

[1864]     All in violation of Title 21, United States Code, Section 843(b).

[1865]     COUNT ONE HUNDRED FIFTY-THREE

[1866]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1867]     On or about June 22, 1986, at approximately 6:54 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1868]     MELVIN MAYES,

[1869]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1870]     All in violation of Title 21, United States Code, Section 843(b).

[1871]     COUNT ONE HUNDRED FIFTY-FOUR

[1872]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1873]     On or about June 23, 1986, at approximately 5:01 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1874]     ALAN KNOX and HENRY LEON HARRIS,

[1875]     defendants herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1876]     All in violation of Title 21, United States Code, Section 843(b).

[1877]     COUNT ONE HUNDRED FIFTY-FIVE

[1878]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1879]     On or about June 23, 1986, at approximately 9:23 p.m., at Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1880]     MELVIN MAYES,

[1881]     defendant herein, and Jeff Fort, knowingly and intentionally did use a communication facility, namely a telephone, in a telephone call from Bastrop, Texas to Chicago, Illinois, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Section 846, namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine and marijuana, as charged in Count Three;

[1882]     All in violation of Title 21, United States Code, Section 843(b).

[1883]     COUNT ONE HUNDRED FIFTY-SIX

[1884]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1885]     On or about July 31, 1986, at approximately 5:04 p.m. to 6:06 p.m.,

[1886]     MELVIN MAYES,

[1887]     defendant herein, and Jeff Fort and Alan Knox, used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity;

[1888]     In violation of Title 18, United States Code, Section 1952(a)(3).

[1889]     COUNT ONE HUNDRED FIFTY-SEVEN

[1890]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1891]     On or about July 31, 1986, at approximately 8:19 p.m. to 8:55 p.m.,

[1892]     MELVIN MAYES

[1893]     defendant herein, and Jeff Fort used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity;

[1894]     In violation of Title 18, United States Code, Sections 2 and 1952(a)(3).

[1895]     COUNT ONE HUNDRED FIFTY-EIGHT

[1896]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1897]     On or about July 31, 1986, at approximately 10:26 p.m. to 10:42 p.m.,

[1898]     MELVIN MAYES,

[1899]     defendant herein, and Jeff Fort and Alan Knox, used a facility in interstate commerce, namely, a telephone, in a call from Bastrop, Texas to Chicago, in the Northern District of Illinois, Eastern Division, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on, of an unlawful activity, namely, arson, in violation of the laws of the State of Illinois and the laws of the United States, and thereafter did perform acts and attempt to perform acts which would promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of said unlawful activity;

[1900]     In violation of Title 18, United States Code, Section 1952(a)(3).

[1901]     COUNT ONE HUNDRED FIFTY-NINE

[1902]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1903]     On or about September 12, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1904]     JAMES SPEIGHTS and MICHAEL SARDIN,

[1905]     defendants herein, knowingly and intentionally did distribute approximately.97 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1906]     In violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2.

[1907]     COUNT ONE HUNDRED SIXTY

[1908]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1909]     On or about September 13, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1910]     JAMES SPEIGHTS and MICHAEL SARDIN,

[1911]     defendants herein, knowingly and intentionally possessed with intent to distribute approximately 29.19 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1912]     In violation of Title 21, United States Code, Section 841(a)(1).

[1913]     COUNT ONE HUNDRED SIXTY-ONE

[1914]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1915]     On or about September 14, 1989, at approximately 3:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1916]     IKE KITCHEN,

[1917]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight;

[1918]     All in violation of Title 21, United States Code, Section 843(b).

[1919]     COUNT ONE HUNDRED SIXTY-TWO

[1920]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1921]     On or about September 26, 1989, at approximately 4:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1922]     IKE KITCHEN,

[1923]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight.

[1924]     All in violation of Title 21, United States Code, Section 843(b).

[1925]     COUNT ONE HUNDRED SIXTY-THREE

[1926]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1927]     On or about September 29, 1989, at approximately 8:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1928]     IKE KITCHEN,

[1929]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute as charged in Count One Hundred Sixty-Eight.

[1930]     All in violation of Title 21, United States Code, Section 843(b).

[1931]     COUNT ONE HUNDRED SIXTY-FOUR

[1932]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1933]     On or about October 1, 1989, at approximately 12:25 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1934]     IKE KITCHEN,

[1935]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight.

[1936]     All in violation of Title 21, United States Code, Section 843(b).

[1937]     COUNT ONE HUNDRED SIXTY-FIVE

[1938]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1939]     On or about October 1, 1989, at approximately 12:27 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1940]     IKE KITCHEN,

[1941]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight.

[1942]     All in violation of Title 21, United States Code, Section 843(b).

[1943]     COUNT ONE HUNDRED SIXTY-SIX

[1944]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1945]     On or about October 2, 1989, between approximately 12:00 a.m. and 6:00 a.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1946]     IKE KITCHEN,

[1947]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight.

[1948]     All in violation of Title 21, United States Code, Section 843(b).

[1949]     COUNT ONE HUNDRED SIXTY-SEVEN

[1950]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1951]     On or about October 4, 1989, at approximately 3:00 p.m., at Chicago, in the Northern District of Illinois, Eastern Division,

[1952]     IKE KITCHEN,

[1953]     defendant herein, knowingly and intentionally did use a communication facility, namely a telephone, in committing and in causing and facilitating the commission of felony violations of Title 21, United States Code, Sections 846 and 841(a)(1), namely, conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and marijuana, as charged in Count Three; and possessing with intent to distribute cocaine, as charged in Count One Hundred Sixty-Eight.

[1954]     All in violation of Title 21, United States Code, Section 843(b).

[1955]     COUNT ONE HUNDRED SIXTY-EIGHT

[1956]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1957]     On or about October 5, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1958]     IKE KITCHEN,

[1959]     defendant herein, and Kenneth Dowdell, knowingly and intentionally possessed with intent to distribute approximately 2006 grams of a mixture containing cocaine, a Schedule II Narcotic Drug Controlled Substance;

[1960]     In violation of Title 21, United States Code, Section 841(a)(1).

[1961]     COUNT ONE HUNDRED SIXTY-NINE

[1962]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1963]     On or about July 31, 1986, at Lansing and Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere,

[1964]     MELVIN MAYES,

[1965]     defendant herein, and others known to the Grand Jury, including Jeff Fort and Alan Knox, attempted to receive in interstate commerce an explosive as defined by Title 18, United States Code, Sections 232 and 844(i), namely:

[1966]     one M-72 series Light Anti-Tank Weapon commonly referred to as a LAW rocket,

[1967]     with the knowledge and intent that said explosive will be used to kill, injure, and intimidate individuals and unlawfully to damage and destroy a building, vehicle and other real or personal property;

[1968]     In violation of Title 18, United States Code, Sections 2 and 844(d).

[1969]     COUNT ONE HUNDRED SEVENTY

[1970]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1971]     On or about May 1, 1985, at Chicago, in the Northern District of Illinois, Eastern Division,

[1972]     CHARLES GREEN,

[1973]     defendant herein, having been previously convicted of a felony, knowingly possessed four firearms, namely:

[1974]     a 12 gauge High Standard shotgun, Model Riot 18, serial number 3069431, a.45 caliber Colt semiautomatic pistol, serial number 708361, a 9 m.m. Interdynamic semiautomatic pistol, serial number 02888, a.30 caliber Iver-Johnson rifle, serial number AA31616, and a 9 m.m. Uzi semiautomatic rifle, serial number SA27691,

[1975]     said firearms having previously travelled in interstate commerce;

[1976]     All in violation of Title 18, United States Code, Section 1202(a)(1), Appendix.

[1977]     COUNT ONE HUNDRED SEVENTY-ONE

[1978]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1979]     On or before August 5, 1986, at Chicago, in the Northern District of Illinois, Eastern Division,

[1980]     EDDIE L. FRANKLIN,

[1981]     defendant herein, having been previously convicted of a felony, knowingly possessed four firearms, namely:

[1982]     a 12 gauge Winchester shotgun, serial number 184853, a 30-30 Ted Williams rifle, serial number V109769, a 9 m.m. Browning Arms semiautomatic pistol, serial number 69C4982, and a 9 m.m. Uzi semiautomatic rifle, serial number SA42432,

[1983]     said firearms having previously travelled in interstate commerce;

[1984]     All in violation of Title 18, United States Code, Section 1202(a)(1), Appendix.

[1985]     COUNT ONE HUNDRED SEVENTY-TWO

[1986]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1987]     On or about September 13, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1988]     JAMES SPEIGHTS, and MICHAEL SARDIN,

[1989]     defendants herein, did use a firearm, namely:

[1990]     a.12 gauge Mossberg Pump Action Shotgun, serial number J873199, during and in relation to the commission of drug trafficking crimes, that is, violations of Title 21, United States Code, Sections 846 and 841(a)(1), as more fully set forth in Counts Three and One Hundred Sixty of this Indictment;

[1991]     In violation of Title 18, United States Code, Section 924(c).

[1992]     COUNT ONE HUNDRED SEVENTY-THREE

[1993]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[1994]     On or about September 13, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[1995]     JAMES SPEIGHTS,

[1996]     defendant herein, having been previously convicted of a felony, knowingly possessed a firearm, namely:

[1997]     a.12 gauge Mossberg Pump Action Shotgun, serial number J873199, said firearm having previously travelled in interstate commerce;

[1998]     In violation of Title 18, United States Code, Section 922(g)(1).

[1999]     COUNT ONE HUNDRED SEVENTY-FOUR

[2000]     THE SPECIAL APRIL 1987 GRAND JURY further charges:

[2001]     On or about October 5, 1989, at Chicago, in the Northern District of Illinois, Eastern Division,

[2002]     IKE KITCHEN,

[2003]     defendant herein, having been previously convicted of a felony, knowingly possessed two firearms, namely:

[2004]     a colt.357 magnum revolver, model Peacekeeper, serial number 42088V; and a Smith & Wesson.9mm semi-automatic, model 459, serial number TAW1379,

[2005]     said firearms having previously travelled in interstate commerce;

[2006]     In violation of Title 18, United States Code, Section 922(g)(1).

[2007]     FORFEITURE

[2008]     1. THE SPECIAL APRIL 1987 GRAND JURY realleges and reincorporates by reference Count One of this Indictment.

[2009]     2. The Grand Jury further charges that from approximately 1966 through the date of this Indictment, the defendants engaged in conduct in violation of Title 18, United States Code, Sections 1962(c) and (d), thereby subjecting to forfeiture to the United States, pursuant to Title 18, United States Code, Section 1963(a), the following interests and property, as of the date they were held and acquired and maintained in violation of Title 18, United States Code, Section 1962:

[2010]     a. All interests the defendants acquired and maintained in violation of Title 18, United States Code, Section 1962;

[2011]     b. All property constituting or derived from any proceeds which the defendants obtained, directly and indirectly, from racketeering activity.

[2012]     In violation of Title 18, United States Code, Section 1962.

[2013]     A TRUE BILL:

[2014]     FOREPERSON

[2015]     UNITED STATES ATTORNEY

[2016]     FORFEITURE

[2017]     1. THE SPECIAL APRIL 1987 GRAND JURY realleges and reincorporates by reference Count One of this Indictment.

[2018]     2. The Grand Jury further charges that from approximately 1966 through the date of this Indictment, the defendants engaged in conduct in violation of Title 18, United States Code, Sections 1962(c) and (d), thereby subjecting to forfeiture to the United States, pursuant to Title 18, United States Code, Section 1963(a), the following interests and property, as of the date they were held and acquired and maintained in violation of Title 18, United States Code, Section 1962:

[2019]     a. All interests the defendants acquired and maintained in violation of Title 18, United States Code, Section 1962;

[2020]     b. All property constituting or derived from any proceeds which the defendants obtained, directly and indirectly, from racketeering activity.

[2021]     In violation of Title 18, United States Code, Section 1962.

[2022]     A TRUE BILL:

[2023]     FOREPERSON

[2024]     UNITED STATES ATTORNEY


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