A Miami man was convicted for his participation in a fraud scheme involving a marijuana growing conspiracy, according to Jeffrey H. Sloman, acting U.S. attorney for the Southern District of Florida.

Noel Albanes-Gomez was convicted of conspiracy and mail fraud charges. Sentencing for Albanes-Gomez has been scheduled for Jan. 22, 2010, before U.S. District Court Judge Jose E. Martinez.

In May 2006, Port St. Lucie police began an investigation, soon joined by the Drug Enforcement Administration, that led to the discovery of numerous hydroponic marijuana grow houses in St. Lucie County. These marijuana grow houses were established and operated by the Pupo organization.

According to the trial evidence, in September 2005, Albanes-Gomez purchased a house on Chello Lane in Port St. Lucie at the behest of Elieser Pupo. Co-defendant Magalys Fajardo, a mortgage broker, testified at trial that she falsified Albanes-Gomez’s mortgage application as part of her agreement with Albanes-Gomez and co-defendant Pupo.

The mortgage application contained materially false information regarding the intended use of the property and Albanes-Gomez’s employment and income. Fajardo previously pleaded guilty and was sentenced to 27 months in prison.

Another witness, Liban Beritan, testified that he was recruited by Pupo to maintain the house that would be used to grow and distribute marijuana. Pupo and his brothers converted this house into a hydroponic grow house, equipped with a sophisticated timed watering and lighting system with electric meter diversions.

According to Beritan, he was required to sign a lease with Albanes-Gomez. As part of the agreement, Pupo paid for Beritan’s living expenses and transportation, and supplied and set up the grow house materials (including marijuana plants). As well, Pupo taught Beritan how to care for and harvest the mature marijuana plants.

Beritan was one of the original grow farmers charged when the houses were discovered in May 2006. He pleaded guilty and was sentenced to five months I prison, followed by four years of supervised release.

Albanes-Gomez testified in his own defense and admitted that he bought the house at the behest of his lifelong friend, Pupo, because of his good credit and as an investment. He denied knowing the mortgage application was false. He also admitted that Pupo made all payments, including his deposit on the property.

During his testimony, Albanes-Gomez admitted to owning a grow house in Miami in November 2005 but denied any knowledge of the marijuana growing in his Port St. Lucie property.

Elieser Pupo and his brothers, Manuel, Serguey and Elmer, pleaded guilty to conspiracy to manufacture and possess with intent to distribute more than 100 marijuana plants, conspiracy to maintain a place to manufacture and distribute marijuana, conspiracy to commit mail fraud and conspiracy to commit money laundering earlier this month and are scheduled for sentencing in December.

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