Michael Riccio denies 'trying to enforce drug debt using shotty' sourced on EncroChat
Michael Riccio has denied "trying to enforce" a drug debt using a "shotty".
The 37-year-old, of Ambleside Road in Allerton, allegedly sought to source guns over EncroChat as he plotted a "retribution" shooting. He is currently on trial at Liverpool Crown Court accused of firearms offences, with messages exchanged via the encrypted communications platform said to have shown his efforts to acquire a shotgun "to give someone a leggy" while amassing £2.5million in old £20 notes as he trafficked weapons and drugs.
Riccio gave evidence to the jury today, Tuesday. Wearing a navy blue jumper over a light blue shirt and sporting short brown hair, he was sworn in on the bible before being asked by his counsel Anthony Barraclough about his whereabouts at the beginning of lockdown in March 2020.
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The dad-of-two said: "I’d just come home. A couple of days before, more than likely."
Riccio said he had previously been residing in Amsterdam, having also lived in Spain over the past 15 years since leaving the UK aged 22. He told jurors that he would rarely return for visits and that his family would "mainly come to me".
The defendant conceded having been part of an organised crime group with members in the Netherlands, Spain and Ireland, but said "everyone who was from England came home" as covid began to take hold. After this, he then had "five or six" of his associates living on Merseyside.
Riccio said he would go for bike rides, walks and runs and to the gym with these men, as well as hosting barbecues and parties at his house. When asked how many of them had used his Encro phone, he replied "five to six, minimum" and added: "There was only two Encro phones round at the time, ModernPython and LeadFern."
Mr Barraclough asked whether they all knew the password for his device, and he said: "All of them, everyone in the OCG, in case we got arrested. There was only two handsets around, everyone was conducting their own business as well."
The defence barrister said: "Were you, during lockdown, yourself dealing in guns?"
Riccio replied: "No."
Mr Barraclough continued: "Were you yourself seeking a gun?"
Riccio said: "No."
Mr Barraclough: "Were you yourself a person who had previously sold a gun?"
Riccio: "No."
Mr Barraclough: "Did you use that Encro phone for firearms purposes?"
Riccio: "No."
He claimed that he had only used the device in order to deal drugs, and when asked whether he had "creamed off a certain amount" or "imported and made massive amounts" replied: "During lockdown, it was just brokering. I was just in the middle."
Riccio said he would make around £500 to £1,000 per kilogram during these deals. He was asked by Mr Barraclough whether he had kept the £2.5million referenced in the messages "under his bed", "in the wardrobe" or "in the lockup".
To this, he responded: "No, I wouldn't have been selling drugs. I'd be in property, wouldn't I?"
Mr Barraclough put to him: "Are there any messages which have any mention of guns sent by you or received by you?"
Riccio replied: "No."
Mr Barraclough continued: "So far as possession of a Glock, or whatever, in the messages. Were you saying you possessed one?"
Riccio said: "No."
Mr Barraclough: "Were you trying to enforce a debt by the use of a shotty?"
Riccio: "No."
Mr Barraclough: "Were you saying it would be cheaper to use a shotty than a pistol? A Glock, or whatever?"
Riccio: "No."
Mr Barraclough: "If it wasn't you, who was it?"
Riccio: "One of the many others who used the phone."
Holly Menary, prosecuting, then cross-examined the defendant. She put to him that some of the discussions concerning firearms came during a period when he was seemingly isolating with covid, with messages on that device stating that he was alone at home at this time.
Riccio responded: "I still went out walking, bike riding. I don't know, I can't remember.
"I can't explain. It was four years ago.
"Someone could have still been with me though. I might be sitting there drinking, off my barnet."
Ms Menary said: "Do you remember, people were quite frightened of covid?"
Riccio replied: "More people with COPD, and the elderly. Not many people stuck to the rules, did they?"
He was asked about a message during this time in which the handle was used to request to purchase a Glock. Riccio said of this: "He's come to my house.
"He’s only five mins from Allerton. He's come five minutes a day and used the phone.
"They couldn't find him. They brought me in three-and-a-half years later.
"They know who it is. This is all getting put on me."
Judge Gary Woodhall, who is presiding over the trial, asked Riccio to name this person. But he said: "I’m no grass.
"The police know who he is. The amount of pressure on me is unbelievable.
"I can't name the person. It’s not me.
"The National Crime Agency know who the person is, they know it's not me. He come that night and used the phone.
"Other people were using the phone. It's four years ago, I'm surprised you're not asking me what time I ate a meal on that day."
Mr Barraclough then asked in re-examination: "Any mention of firearms is not you?"
Riccio replied: "Not me."
Mr Barraclough continued: "Throughout this, at any stage. If Lead Fern was talking about guns, was that ever you?"
Riccio said: "No. Never."
Ms Menary told the jury of nine men and three women during the prosecution's opening last week that Riccio had "operated a business buying and selling drugs and guns, sometimes for tens and thousands of pounds at a time". He was described as having "conducted his business" via EncroChat, which was compared to a "WhatsApp for criminals", before the service was infiltrated by the French police during 2020.
Riccio admits having used the handle "LeadFern" on the network, but says he only did so in order to trade heroin and cocaine and claims that the device was also utilised by other criminals who were responsible for the discussions involving firearms. Ms Menary says these messages concerned "Glocks, shottys, shotguns and causing harm with those firearms".
This included "needing a shotgun to give someone a leggy". The prosecution counsel said of this: "In other words, to shoot them in the leg."
Jurors heard of several examples of communications recovered by law enforcement authorities during the spring of 2020, including a conversation seemingly concerning Glock and CZ semi-automatic pistols with the user "FearlessCheetah". These apparently saw Lead Fern "attempt to buy back" firearms which he had previously sold to the same associate.
Another discussion with "TimelyBeta" was also said to have centred on the user "buying back a Glock that he had previously sold to him". The handle was meanwhile alleged to have been used to speak with "WeirdGun" about acquiring a Glock and Glock 17.
Further messages with "ApricotShore" were said to have concerned the transfer of a "sprayer", or automatic weapon, for £7,000. The court was read a message sent from Lead Fern to "Elephant Water" on May 12, which said: “I’m trying to get three shottys if can help.
"Going leg three people. Only got Glock, waste them in legging someone."
Ms Menary said of this: "The crown say this shows Lead Fern trying to source three shotguns, a less valuable firearm than a Glock, because he doesn't want to waste the Glock in legging someone. That is, shooting them in the leg or bottom as retribution."
The handle was also used to ask for "shottys" from contacts including "VioletBrick", "RockKiller", "MadeiraBlue", "ToughBear" and "Castle Winter". In one message, Lead Fern told the latter: "Just need to make people pay faster".
When "ScarWars" asked whether he was "having beef again", the user replied: "Shottys give someone nudge. Pay faster."
Another contact "VanDeBeek" meanwhile asked whether he had "any tools going". Lead Fern said in response that he "needed shottys himself" but would "have Glocks again soon".
Ms Menary also cited a message to "LeeryRocket" on April 12, in which Lead Fern said: "Mate, I had 2.5 million old 20 pound notes. Can you swap new notes in UK mate?"
Jurors were told that Riccio was linked to the account after apparently referencing his birthday and associates noting the anniversary of his father's death on May 1 2020. He was meanwhile said to have given out his mum's home address and sent a picture of himself in bed "with his feet sticking out from underneath the duvet" inside his own house.
Ms Menary said he had also sent a contact a "selfie to show that he had lost a tooth" on May 4. She added: "Members of the jury, if there was any doubt remaining in your mind that Michael Riccio was the user of the handle Lead Fern then perhaps this should give you some clarity."
Associates were also said to have stored the handle under his nickname "Little". Jurors heard that the handle had been used by a "person only known as someone called Silver" on "three separate and distinct occasions" when he had been "allowed to borrow it" in order to communicate with "WigglyMutant".
Judge Woodhall also directed the jury to return not guilty verdicts in relation to six of the firearms offences faced by Riccio this morning due to "insufficient evidence". He told the panel: "I have decided that, in this case, there is not sufficient evidence to convict the defendant on counts two, four, six, eight 11 and 12.
"They are all of the attempt charges. Each of those related to an allegation that the user of Lead Fern was attempting to buy guns back or buy a shotgun or shotguns.
"The proseuction have to prove acts that are more than merely preparatory. The evidence in this case shows, at best, preparations."
Riccio denies a further six firearms offences and one count possession of criminal property. The trial continues.
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