A federal case brought against four Brazilian nationals accused of operating a black market pharmacy in a Framingham apartment complex is falling apart -- three of the suspects have been deported and the lead defendant is currently in the custody of U.S. Immigration and Customs Enforcement.
In March, the U.S. Attorney's Office announced it had charged four people -- two men and two women -- in connection with an illegal prescription drug ring operating out of an apartment at The Green at 9 & 90 on Worcester Road.
The suspects were accused of selling controlled and non-controlled prescription drugs illegally imported from Brazil to the area's Portuguese-speaking population, authorities said.
It was no secret to federal prosecutors that ICE was likely to detain the defendants if they were released pending trial -- and the agency ultimately did exactly that.
The case is an example of ICE's heightened removal efforts disrupting an ongoing judicial process.
The male suspects -- Douglas Reis de Souza, 40, and Dekny Marcos de Carvalho Reis, 33 -- and female suspects -- Dekmara de Carvalho Reis, 34, and Wandis Cleia Ferreira de Souza Guimaraes, 41 -- each faced up to 20 years in prison if they were convicted of the charge conspiracy to distribute and possess with the intent to distribute controlled substances.
Authorities began their investigation in October 2023 after the U.S. Drug Enforcement Administration received an anonymous tip that Zolpidem, Ritalin, Vyvanse, Dipyrone and Ozempic were being sold "without prescription to the Brazilian community inside the Green at 9 & 90 condominiums in Framingham."
At least one of the defense attorneys on the case argued the four defendants weren't typical "drug dealers," but rather, the pharmacy's customers were primarily undocumented individuals with unmet medical needs who didn't speak English or have health insurance.
None of the suspects had prior criminal records, their attorneys said.
During a March 13 probable cause hearing, Assistant U.S. Attorney Evan Panich told a federal judge he'd been advised ICE planned to take the suspects into custody and initiate removal proceedings to Brazil if they were released pending trial, no matter the ongoing court proceedings.
Court records now show three of the suspects have since been deported, and the charges against them have been dismissed.
The lead defendant, Douglas Reis de Souza, who authorities say advertised himself as a professional pharmacist though he was not licensed in the U.S., is currently in ICE custody at the Plymouth County Correctional Facility, which ICE contracts with.
Panich previously said deportations of the suspects before the conclusion of their case would mean they wouldn't be "held accountable for their conduct."
When federal authorities executed search warrants at the Framingham apartment on March 10, they discovered a unit outfitted as a doctor's office or small pharmacy, they said.
Photos included in court documents show an examination and consultation area surrounded by large quantities of prescription drugs imported from Brazil neatly organized in shelving units. Law enforcement also observed syringes used to inject patients, they said.
Federal authorities contend Reis de Souza headed up the operation, falsely portraying himself to the Portuguese-speaking community as a legitimate pharmacist with 22 years of experience.
According to court documents, he did business as "Droga Reis," which is Portuguese for "Drug Kings," and communicated with customers via Whatsapp.
Court documents describe Reis de Souza's electronic business card that advertised "remedies from Brazil," including "medicines for adult and pediatric use, contraceptive pills and injectables, injectable cocktail to treat muscular and orthopedic problems and perforation of ear cells."
The three other defendants were accused of processing, filling and delivering orders, which often included codeine, Tramadol, clonazepam, morphine and alprazolam, authorities said.
During the investigation, law enforcement determined Dekny Marcos de Carvalho Reis and Dekmara de Carvalho Reis are cousins of Reis de Souza.
The U.S. Postal Service identified approximately 500 customers who were mailed a total of 600 packages over the course of the investigation, a Postal Service inspector previously testified. Those numbers did not include local hand-to-hand transactions that frequently took place in the apartment complex's parking lot, he said.
Prior to the criminal charges, all defendants but Dekmara de Carvalho Reis had immigration detainers, court proceedings revealed, meaning ICE sought to deport them and had requested that local law enforcement notify them if they came into contact with them.
At least one defendant, Dekny Marcos de Carvalho Reis, entered the U.S. legally, according to his attorney. He and his wife had been awaiting an extension of their tourist visas that ultimately did not occur once President Donald Trump took office in January.
The defendants were portrayed during court proceedings as having strong church ties throughout the MetroWest area. Lead defendant Reis de Souza was a homeowner in West Boylston.
Court documents state that ICE didn't make the defendants available for their scheduled arraignments on two separate occasions once they were indicted in April.
Because of her detention by ICE, the attorney representing Wandis Cleia Ferreira de Souza Guimaraes argued in court records her client was "never afforded even the most minimal opportunity to answer the charges brought against her by the very government that simultaneously ensured she would be silenced."
ICE did not respond to a request for comment for this story.
In a final report for Reis de Souza dated Aug. 29, Magistrate Judge Donald Cabell wrote that his three co-defendants had been released on conditions and "then taken immediately into ICE custody and subsequently removed from the United States," leaving him as the only remaining defendant in the case.
But following an Aug. 27 court hearing, Reis de Souza was also "immediately" detained by ICE after his release from voluntary detention on conditions, Cabell's report said.
"It is understood that the parties will immediately notify the court when or if they learn that the defendant has been deported," Cabell said.
At that time, it is likely the U.S Attorney's Office will dismiss the charges against him, as well.
Reis de Souza is currently in custody at the Plymouth County Correctional Facility, according to ICE's online detainee locator system.