Eastern District of Texas

The Department of Justice and the U.S. Attorney’s Office for the Eastern District of Texas today announced an agreement with the City of Farmersville, Texas, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when, in July 2017, it denied an application by the Islamic Association of Collin County (Islamic Association) to build a cemetery. 

“Federal law protects the rights of all religious communities to buy or rent land for religious purposes including places of worship, religious schools, charitable activities, and cemeteries without discrimination or the imposition of unwarranted burdens,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to vigorously enforce this important right.” 

“There is no place in our community for religious discrimination,” said U.S. Attorney Joseph D. Brown. “Our office is committed to protecting religious freedom.”  

The settlement agreement resolves a lawsuit the United States filed today in the U.S. District Court for the Eastern District of Texas. After the City denied the Islamic Association’s application to build a religious cemetery, the United States opened an investigation of the City’s actions in September 2017. In August 2018, the United States notified the City that it had concluded that the City had violated RLUIPA and intended to file suit, and offered the City an opportunity to negotiate a resolution. In September 2018, the City and the Islamic Association entered into a separate agreement allowing for the approval of the cemetery and in December 2018, the City approved the Islamic Association’s application to develop the land as a cemetery.

The United States’ complaint alleges that the City’s denial of the Islamic Association’s application to develop the property as a cemetery imposed a substantial burden on the Islamic Association’s religious exercise and discriminated against the Islamic Association on the basis of religion. The City denies the allegations. As part of the agreement, the City has agreed to provide training to its officials and employees about their obligations under RLUIPA and to notify the public about the City’s compliance with RLUIPA in its zoning and land use actions.     

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.

WASHINGTON – The Department of Justice and the U.S. Attorney’s Office for the Eastern District of Texas today announced an agreement with the City of Farmersville, Texas, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when, in July 2017, it denied an application by the Islamic Association of Collin County (Islamic Association) to build a cemetery. 

“There is no place in our community for religious discrimination,” said U.S. Attorney Joseph D. Brown. “Our office is committed to protecting religious freedom.”  

 “Federal law protects the rights of all religious communities to buy or rent land for religious purposes including places of worship, religious schools, charitable activities, and cemeteries without discrimination or the imposition of unwarranted burdens,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to vigorously enforce this important right.” 

The settlement agreement resolves a lawsuit the United States filed today in the U.S. District Court for the Eastern District of Texas. After the City denied the Islamic Association’s application to build a religious cemetery, the United States opened an investigation of the City’s actions in September 2017. In August 2018, the United States notified the City that it had concluded that the City had violated RLUIPA and intended to file suit, and offered the City an opportunity to negotiate a resolution. In September 2018, the City and the Islamic Association entered into a separate agreement allowing for the approval of the cemetery and in December 2018, the City approved the Islamic Association’s application to develop the land as a cemetery.

The United States’ complaint alleges that the City’s denial of the Islamic Association’s application to develop the property as a cemetery imposed a substantial burden on the Islamic Association’s religious exercise and discriminated against the Islamic Association on the basis of religion. The City denies the allegations. As part of the agreement, the City has agreed to provide training to its officials and employees about their obligations under RLUIPA and to notify the public about the City’s compliance with RLUIPA in its zoning and land use actions.    

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.

This matter is being handled by Eastern District of Texas Assistant U.S. Attorney James Gillingham and Civil Chief Josh Russ.

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            BEAUMONT, Texas –A 49-year-old Mexican national has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Luis Garcia-Torres pleaded guilty today to unlawful reentry by a deported alien before U.S. Magistrate Judge Keith F. Giblin.

According to information presented in court, on Jan. 13, 2019, Garcia-Torres was arrested in Orange County, Texas for driving while intoxicated.  After being booked into the Orange County Jail, it was discovered that Garcia-Torres illegal alien with prior felony convictions.  A records check revealed Garcia-Torres had been convicted of voluntary manslaughter in 1988 in North Carolina.  Garcia-Torres had also been previously deported from the United States to Mexico in 1990, 2011, and 2016.  Garcia-Torres was indicted by a federal grand jury in the Eastern District of Texas on Feb. 16, 2019, and charged with immigration violations.

Under the federal statute, Garcia-Torres faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

This case is being investigated by the U.S. Immigrations and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

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BEAUMONT, Texas – Two federal inmates have pleaded guilty to escape from a Bureau of Prisons facility in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today. 

Arnold Troy Crayton, 37, of Fort Worth, and Clemente Valdez, Jr., 36, of Dallas, each pleaded guilty to escape in separate hearings on Apr. 10, 2019 before U.S. District Judge Marcia Crone. 

            According to information presented in court, on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County reporting they had witnessed inmates crossing a pasture and getting picked up by a vehicle on Hillebrandt Road.  A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found Valdez and another escapee inside.  The inmates were transported back to the prison facility by law enforcement officers.  Crayton returned to the facility on foot several hours later.  All three inmates were indicted by a federal grand jury on Feb. 6, 2019.

            “We will continue to prosecute these inmates for any escape from federal detention facilities, whether it is a ‘walk-away’ or not,” said U.S. Attorney Joseph D, Brown.  “What the inmates and their families need to understand is that anyone who helps in the escapes – drives a vehicle, provides a cell phone, takes any part in it - will also face federal charges.   We are serious about stopping these violations.”

Crayton was sentenced to 5 years in federal prison in 2014 for possession with intent to distribute marijuana.  He has prior felony convictions for conspiracy to distribute cocaine and has been in a federal prison facility since 2002.  Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine.  Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.

            Under federal statutes, Crayton and Valdez each face up to an additional 5 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

            This case was investigated by the Federal Bureau of Prisons, Federal Bureau of Investigation and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.

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PLANO, Texas – A 27-year-old Plano man has been found guilty of child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

               Hayden Ricks was found guilty of possession of child pornography on Apr. 8, 2019 following a bench trial before U.S. District Judge Marcia A. Crone. 

               On Sep. 13, 2018, Ricks reported to his Collin County Community Supervision and Correction Department Officer.  Ricks was subject to supervision due to a 2013 conviction for possession of child pornography in Collin County, for which he received deferred adjudication.  On that date, Ricks's supervising officer asked to see his cell phone.  Reviewing the device, the supervising officer saw a number of images of suspected child pornography.

               The officer contacted the Collin County Sheriff's Office, Child Exploitation Unit, who met up with Ricks and an FBI Special Agent at the Collin County courthouse.  In a consensual, recorded interview, Ricks ultimately admitted that he had accessed particular websites that included individuals engaged in sexual acts, including images of child pornography.  The officers and agent then located child pornography images on Ricks's cell phone.  They also located more than 1,000 pages of internet history that corroborated Ricks's statements about the locations where he obtained child pornography.              

               Under federal statutes, Ricks faces a minimum of 10 years and up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

               This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.              

This case was investigated by the Federal Bureau of Investigation and the Collin County Sheriff’s Office with assistance by the Collin County District Attorney’s Office.

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PLANO, Texas – An 18-year-old Plano man has pleaded guilty and been sentenced to prison for plotting a terrorist attack at a Collin County, Texas shopping mall, announced Collin County District Attorney Greg Willis and United States Attorney Joseph D.  Brown jointly today.

     Matin Azizi-Yarand pleaded guilty to charges of solicitation of capital murder and terroristic threat today in state court before 296th District Court Judge John Roach, Jr.  Pursuant to a plea agreement reached by prosecutors and the defendant, Judge Roach sentenced Azizi-Yarand to 20 years in prison for the solicitation charge and 10 years in prison for the terroristic threat charge. The sentences will run concurrently.

     According to information presented in court, Azizi-Yarand was arrested in May of 2018 after an investigation by the Federal Bureau of Investigation’s North Texas Joint Terrorism Task Force discovered he was plotting a mass shooting at the Stonebriar Centre mall in Frisco, Texas.    Inspired by ISIS, Azizi-Yarand was a high school student in Plano when he began actively soliciting other individuals to assist him in the attack, which he had planned for mid-May 2018.   At the time of his arrest, Azizi-Yarand had sent more than $1,400 to an undercover FBI employee for the purchase of weapons and tactical gear, had conducted surveillance on the mall, and had met with undercover federal operatives to plan the attack.  The investigation determined that Azizi-Yarand specifically intended to target police officers and civilians at the mall.

     The case was filed in state district court in Collin County after federal prosecutors determined that Azizi-Yarand’s age - he was 17 at the time of the offense - limited their ability to prosecute the teen in federal court.  Individuals age 17 and above are considered adults under Texas state criminal law, while federal law requires an individual to be 18 to be considered an adult.

     “This was a serious, serious threat,” said United States Attorney Joseph D. Brown.  “There is no doubt that Azizi-Yarand would have carried out what he was planning.  Federal and state law enforcement in this district are committed to working together to combat terrorist activities in this region.   We greatly appreciate all of the law enforcement that moved quickly to prevent what could have been a very bad situation.  The FBI and the Plano, Frisco and Richardson police departments, as part of the regional Joint Terrorism Task Force, just did a great job.  And the cooperation of the Collin County District Attorney Greg Willis and his office was outstanding and allowed us to make sure the consequence reflected the seriousness of the offense.”

     “We are lucky that the vigilant men and women of federal and state law enforcement stopped this ISIS-inspired mass shooting,” said Collin County District Attorney Greg Willis. “This was textbook joint investigation and prosecution that undoubtedly saved lives. I’d like to thank United States Attorney Joe Brown and his prosecutors, the FBI, and all the law enforcement agencies that make up North Texas Joint Terrorism Task Force.”

     "Today's plea is the result of the strong collaboration between the FBI and our partners in the North Texas Joint Terrorism Task Force," said Michael Schneider, Acting Special Agent in Charge of the FBI Dallas Division. "We work together 24/7, 365 days a year to detect, investigate, and disrupt terrorist threats in order to protect our communities from harm."

     This case was investigated by the FBI’s North Texas Joint Terrorism Task Force, Frisco Police Department, Plano Police Department, and Richardson Police Department.  Attorneys from both the United States Attorney’s Office for the Eastern District of Texas and the Collin County District Attorney’s Office prosecuted Azizi-Yarand, who will be eligible for parole after serving 10 years in prison.

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TEXARKANA, Texas - U.S. Attorney Joseph D. Brown announced today that nine individuals have been arrested following a lengthy investigation into drug trafficking in the Eastern District of Texas.

                On Apr. 5, 2019, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in the Clarksville, Texas area as the result of Operation Big Red.  The operation is the result of an investigation into a methamphetamine trafficking organization operating in the area.  Much of the information came from the investigation and federal prosecution a related drug trafficking enterprise in the area.  On Feb. 20, 2019, a federal grand jury returned a 12-count indictment charging seven individuals with various drug conspiracy violations related to the possession and distribution of methamphetamine. Those arrested and named in the indictment are:

Marvin Earl Baty, 44, a current inmate in the Oklahoma Department of Corrections, Holderville, OK; Jacory Dewayne Coulter, 33, of Clarksville; Gregory Lamont Dillard, 48, of Clarksville; Victor Gonzales, 44, of Clarksville; Miguel Angel Hernandez, 57, of Clarksville; Brandon Charles Nickerson, 40, of Clarksville; and
Neopholis Dontray Scales, 33, of Clarksville.

If convicted, they each face from 10 years to life in federal prison. 

The operation today involved approximately 100 law enforcement officers from the following agencies: Texas Department of Public Safety, including the Special Response Team, Special Weapons and Tactics Team, Criminal Investigation Division, Aircraft Operations Division, Highway Patrol Division, Victim Services, and Communications Services; Red River County Sheriff’s Office; Clarksville Police Department; Mt. Pleasant Police Department SWAT Team; Texas Parks and Wildlife; Federal Bureau of Investigation; United States Marshals Service; and Texas Child Protective Services.  In addition to the nine arrests, law enforcement officers seized illegal drugs and at least one firearm.

This case is being investigated by the Texas Department of Public Safety - Criminal Investigation Division and the Red River County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.

An indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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BEAUMONT, Texas – A 38-year-old Ore City, Texas man has been indicted for child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Jeremy OKieth Kyle, also known as Corey Webster, also known as Rick, was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with coercion and enticement, sexual exploitation of children, traveling with intent to engage in illicit sexual contact, and penalties for registered sex offenders. 

According to the indictment, on various dates in 2016 and 2018, Kyle, a convicted sex offender, is alleged to have committed numerous offenses against minor female victims. 

If convicted of all counts, Kyle will receive life in federal prison. 

Anyone who had contact with Jeremy OKieth Kyle or Corey Webster is urged to contact the U.S. Attorney’s Office at 1-800-804-3547.  The U.S. Attorney’s Office will take the necessary steps to protect the individuals’ identities and confidential information. 

This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case is being investigated by the Federal Bureau of Investigation, the Texas Department of Public Safety - Criminal Investigations Division, the Tyler Police Department, the Longview Police Department, the Ore City Police Department, the Hughes Springs Police Department, the Daingerfield Police Department, and the Red Oak Police Department. Assistant U.S. Attorney Nathaniel C. Kummerfeld is prosecuting the case.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

            SHERMAN, Texas –Two Texas men have been found guilty by a jury following an investment fraud trial in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Thurman Bryant, III, 46, of Frisco, Texas and Arthur Franz Wammel, 46, of Houston, were found guilty of conspiracy to commit wire fraud today by a jury following a trial before U.S. District Judge Amos Mazzant that lasted nearly two weeks. 

According to information presented in court, the defendants devised and executed an investment fraud scheme that claimed to earn investors a guaranteed minimum 30% annual return on investment.  In addition, Bryant promised an investment that would be placed in a secure escrow account, when in fact the money was funneled to Wammel for  securities trading and other purposes. Evidence at trial showed that the defendants separately spent money on personal expenses such as home leases, home improvements, car leases, expensive jewelry, and private school tuition, and that defendant Wammel spent a large amount of money on expenses related to a Rolls-Royce, a Ferrari and a Range Rover.  Additional evidence showed that the investors contributed over $22 million to the scheme. 

Bryant and Wammel were indicted by a federal grand jury on Dec. 13, 2017.

“The trial evidence showed that the defendants’ scheme was very similar to a classic Ponzi scheme,” said U.S. Attorney Joseph D. Brown.  “Many of the victims were family and friends of one of the defendants.  This case shows the harm that can be caused by greed and false promises of safe investments.  The United States Attorney’s Office and the FBI are dedicated to the investigation and prosecution of these types of criminal fraud schemes.”

            Under federal statutes, Bryant and Wammel each face up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.    

This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Tom Gibson, Glenn Roque-Jackson, and Anand Varadarajan. 

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BEAUMONT, Texas – A 32-year-old Polk County, Texas man has been indicted for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

James Vincent Chaney was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with possession of an unregistered destructive device and possession of a firearm by a prohibited person.

According to the indictment, on Feb. 27, 2019, Chaney is alleged to have been found in possession of an unregistered destructive device and a firearm at his Polk County residence.  Further investigation revealed Chaney had been previously convicted of forgery in 2007 in Montgomery County, Texas and as a convicted felon is prohibited from owning or possessing firearms or ammunition.

If convicted, Chaney faces up to 10 years in federal prison on each charge.

                This case is being prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Special Assistant U.S. Attorney Tommy L. Coleman.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

BEAUMONT, Texas – A 34-year-old Mexican citizen has been indicted for immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Oscar Rendon-Gonzalez was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with unlawful reentry of a deported alien.   

According to documents filed in court, Rendon-Gonzalez was stopped for a traffic violation on IH-10 in Beaumont, Texas.  A records check revealed that Rendon-Gonzalez is alleged to have a criminal conviction for indecent liberty with a child out of North Carolina and had been deported to Mexico in 2009. 

If convicted, Rendon-Gonzalez faces up to 20 years in federal prison and deportation.

This case is being investigated by the Department of Homeland Security/Enforcement Removal Operations and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

BEAUMONT, Texas – An 18-year-old LaPorte, Texas man has been indicted for bank robbery in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Aaron Gonzalez was named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging him with bank robbery by force or intimidation. 

According to the indictment, on Mar. 6, 2019, Gonzalez is alleged to have robbed the Texas First Bank on FM 834 in Hull, Texas by entering the bank and presenting a threatening note to a bank teller.  Video surveillance and witness accounts of the bank robber and his vehicle led to Gonzalez’ arrest. 

If convicted, Gonzalez faces up to 20 years in federal prison.

This case is being investigated by the Federal Bureau of Investigation, the Liberty County Sheriff’s Office, the LaPorte Police Department and the Texas Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Robert L. Rawls.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

BEAUMONT, Texas – A Beaumont man and woman have been indicted for kidnapping and sex trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Darrell Oliver Lewis, 25, and Lanyale Briana Briggs, 29, both of Beaumont, were named in an indictment returned by a federal grand jury on Apr. 3, 2019 charging them with kidnapping and sex trafficking by means of force.   

According to the indictment, on Mar. 5, 2019, Lewis and Briggs are alleged to have forcefully transported a woman from the State of Texas to the State of Louisiana with intentions of engaging in sex trafficking. 

If convicted, the defendants each face up to Life in federal prison.

This case is being investigated by the Federal Bureau of Investigation and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

TYLER, Texas –A 52-year-old Mexican national has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Baltazar Arrieta-Lara, a resident of Rusk County, Texas, pleaded guilty today to making a false statement in application for passport before U.S. Magistrate Judge K. Nicole Mitchell.

According to information presented in court, since at least 2002, Arrieta-Lara, a citizen and national of Mexico, had been living without legal immigration status in the United States.  Sometime after that, Arrieta-Lara obtained the name, date of birth, and social security number of a United States citizen and fraudulently used those identifiers to obtain various documents in the name of the U.S. citizen.  In 2007, Arrieta-Lara utilized the U.S. citizen’s identity to obtain a United States Passport in the citizen’s name.  After obtaining this U.S. passport, Arrieta-Lara traveled between the United States and Mexico on multiple occasions between 2009 and 2016.  The Department of State's National Passport Center and Diplomatic Security Services discovered Arrieta-Lara's fraudulent use of the U.S. citizen's identity when Arrieta-Lara attempted to renew the passport.    

                Under the federal statute, Arrieta-Lara faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case is being investigated by the U.S. Department of State, Bureau of Diplomatic Security and Department of Homeland Security-Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Allen Hurst.

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FORT WORTH, Texas – A 64-year-old Saginaw, Texas woman has been sentenced to federal prison for bank fraud, announced Eastern District of Texas U.S. Attorney Joseph D. Brown.

                Laurie Ann Reese pleaded guilty on July 18, 2018, to bank fraud and was sentenced to 36 months in federal prison by U.S. District Judge Terry R. Means on Mar. 26, 2019.  Reese was also ordered to pay restitution in the amount of $992,854.02.     

According to information presented in court, between Jan. 6, 2013, and April 19, 2018, Reese, while a controller for the Jewish Federation of Fort Worth and Tarrant County (JFFWTC), devised and executed a scheme to make approximately 326 checks payable to herself from the JFFWTC bank accounts.  Reese spent hundreds of thousands of dollars on the Home Shopping Network and QVC.

                          This case was investigated by the Federal Bureau of Investigation and prosecuted by Eastern District of Texas Assistant U.S. Attorney Christopher A. Eason.

SHERMAN, Texas – A 51-year-old Sulphur Springs, Texas, woman has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                Theresa Renee Coburn was named in an indictment returned by a federal grand jury on Mar. 14, 2019, charging her with theft of government property. 

                According to the indictment, from about December 2005 through October 2015, Coburn is alleged to have provided fictitious documentation to the Social Security Administration Disability Program in order to fraudulently receive benefits totaling $42,378.00 on behalf of a child that did not live with her, and did not receive support from her, during that time.

                If convicted, Coburn faces up to 10 years in federal prison.  A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

                This case is being investigated by the Social Security Administration Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Matt Johnson.

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BEAUMONT, Texas – A 39-year-old Vidor, Texas man has been indicted by a federal grand jury and charged with firearms violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.                

Brandon Aaron Holeman was named in a three-count indictment returned by a federal grand jury on Mar. 6, 2019, charging him with two counts of being a felon in possession of a firearm and one count of possession of an unregistered firearm.

The indictment alleges that on two separate occasions, Dec. 12, 2018, and Feb. 2, 2019, Holeman was pulled over by law enforcement in Vidor and during both traffic stops, Holeman attempted to evade police and was arrested after brief pursuits.  Holeman was also in possession of firearms during both traffic stops, for a total of two revolvers, a pistol, and a sawed-off shotgun.  Further investigation revealed Holeman is a convicted felon and prohibited from owning or possessing firearms or ammunition. 

If convicted, Holeman faces up to 10 years in federal prison.

This case is being investigated by the Vidor Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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               SHERMAN, Texas –The former mayor of Richardson, Texas and a land developer who she eventually married, have been convicted of federal conspiracy violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Laura Jordan, also known as Laura Maczka, 54, and Mark Jordan, 52, both of Plano, Texas were found guilty by a jury of following a trial before U.S. District Judge Amos Mazzant that lasted over three weeks.  Maczka was found guilty of conspiracy to commit honest services wire fraud, honest services wire fraud, conspiracy to commit bribery concerning a program receiving federal funds and bribery concerning program receiving federal funds.  Jordan was found guilty of conspiracy to commit honest services wire fraud, honest services wire fraud, conspiracy to commit bribery concerning a program receiving federal funds and bribery concerning program receiving federal funds.   

According to information presented in court, from May 2013 through April 2015, Maczka was the mayor of Richardson, Texas, and Jordan was a land developer.   Maczka and Jordan conspired to devise and execute a scheme to defraud and deprive City of Richardson residents of the honest services of the Mayor through bribery. Maczka, contrary to her campaign promises, supported and repeatedly voted for controversial zoning changes sought by Jordan ultimately allowing for the construction of over 1,000 new apartments in Richardson near Richardson neighborhoods. The indictment alleges that, in exchange, Jordan paid Maczka over $18,000 in cash and $40,000 by check, paid for over $24,000 in renovations to Maczka’s home, paid for Maczka’s luxury hotel stays and airfare upgrades, and provided Maczka lucrative employment at one of Jordan’s companies. According to court testimony, Maczka and Jordan failed to disclose to the public that they had coordinated to effect the zoning changes Jordan wanted and that Jordan had provided a stream of benefits to Maczka.

“This kind of corrupt relationship undermines the public’s confidence in government,”   said Eastern District of Texas U.S. Attorney Joseph D. Brown.  “This was more than an ethical violation, this was absolutely criminal.  We need juries that recognize public corruption for what it is, and support prosecutions that attempt to hold accountable those that cheat.  This jury certainly did that.”

Mark Jordan was taken into custody following the verdict and will appear for a detention hearing on Mar. 8, 2019.

               Under federal statutes, Maczka and Jordan each face up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.    

This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Christopher A. Eason, Maureen Smith, Glenn Roque-Jackson, and Bradley Visosky. 

The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with ExxonMobil Oil Corporation (ExxonMobil) today to resolve federal Clean Air Act claims arising from a 2013 fire at the company’s oil refinery in Beaumont, Texas that killed two employees and injured ten others.  In a complaint filed today with the settlement, the United States alleges that the company violated Section 112(r) of the Clean Air Act, which requires measures to prevent accidental releases of extremely hazardous substances that can have serious public health and environmental consequences. 

The April 17, 2013, fire at the refinery occurred when workers used a torch to remove bolts from the top, or “head,” of a device called a heat exchanger.  The torch ignited hydrocarbons released from the head.  EPA’s inspection following the incident disclosed violations of Section 112(r) and of the regulations known as the Chemical Accident Prevention provisions. 

“The deaths and injuries resulting from the 2013 fire at ExxonMobil’s Beaumont refinery are a terrible tragedy,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Today’s settlement sends a clear message to companies handling hazardous substances in their operations that they must take the necessary steps to protect their workers under the environmental laws or face the consequences of vigorous enforcement.  Additionally, the relief the United States has secured will aid in protecting a vulnerable surrounding community from future tragic episodes like this one.”

“When companies shortcut the safety requirements that have been put in place, especially in high risk situations like this, people can die,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.   “It is important that companies understand that there is not only liability in private civil suits, but administrative fines to pay.  We cannot put a price on the lives lost, but we hope to deter these kinds of violations to save lives in the future.”

“We rely on companies to carefully follow environmental regulations, which are designed—above all—to protect human health,” said EPA Regional Administrator Anne Idsal. “As the incident at ExxonMobil’s facility shows, failing to comply with these rules can have devastating consequences.”

Under the consent decree, ExxonMobil will pay a $616,000 civil penalty, hire an independent third party auditor to conduct a compliance audit of ExxonMobil’s procedures for opening process equipment at ten different process units at the refinery, and perform a supplemental environmental project (SEP) under EPA’s SEP Policy to purchase a hazardous materials Incident Command Vehicle (ICV), valued at $730,000, for the Beaumont Fire & Rescue Service (BFRS).  The auditor will also evaluate the company’s procedures for conducting risk-based mechanical integrity inspections.

The ICV will contain equipment specifically tailored to enhance BFRS’s hazardous-material incident response capabilities, including its 24-hour emergency response services from 12 fire stations.  From these stations, BFRS provides fire, hazardous materials, disaster, technical rescue, and first responder emergency medical services over 90 square miles containing numerous petroleum and/or chemical facilities.  The ICV will enhance BFRS’s capability to communicate and coordinate emergency response activities in the event of a fire, explosion or similar major incident.

The proposed consent decree was lodged in the U.S. District Court for the Eastern District of Texas and is subject to a 30-day public comment period and final court approval.  Information about submitting a public comment is available at: https://www.justice.gov/enrd/consent-decrees.

WASHINGTON – The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with ExxonMobil Oil Corporation (ExxonMobil) today to resolve federal Clean Air Act claims arising from a 2013 fire at the company’s oil refinery in Beaumont, Texas that killed two employees and injured ten others.  In a complaint filed today with the settlement, the United States alleges that the company violated Section 112(r) of the Clean Air Act, which requires measures to prevent accidental releases of extremely hazardous substances that can have serious public health and environmental consequences. 

The April 17, 2013, fire at the refinery occurred when workers used a torch to remove bolts from the top, or “head,” of a device called a heat exchanger.  The torch ignited hydrocarbons released from the head.  EPA’s inspection following the incident disclosed violations of Section 112(r) and of the regulations known as the Chemical Accident Prevention provisions. 

“The deaths and injuries resulting from the 2013 fire at ExxonMobil’s Beaumont refinery are a terrible tragedy,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Today’s settlement sends a clear message to companies handling hazardous substances in their operations that they must take the necessary steps to protect their workers under the environmental laws or face the consequences of vigorous enforcement.  Additionally, the relief the United States has secured will aid in protecting a vulnerable surrounding community from future tragic episodes like this one.”

“When companies shortcut the safety requirements that have been put in place, especially in high risk situations like this, people can die,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.   “It is important that companies understand that there is not only liability in private civil suits, but administrative fines to pay.  We cannot put a price on the lives lost, but we hope to deter these kinds of violations to save lives in the future.”

“We rely on companies to carefully follow environmental regulations, which are designed—above all—to protect human health,” said EPA Regional Administrator Anne Idsal. “As the incident at ExxonMobil’s facility shows, failing to comply with these rules can have devastating consequences.”

Under the consent decree, ExxonMobil will pay a $616,000 civil penalty, hire an independent third party auditor to conduct a compliance audit of ExxonMobil’s procedures for opening process equipment at ten different process units at the refinery, and perform a supplemental environmental project (SEP) under EPA’s SEP Policy to purchase a hazardous materials Incident Command Vehicle (ICV), valued at $730,000, for the Beaumont Fire & Rescue Service (BFRS).  The auditor will also evaluate the company’s procedures for conducting risk-based mechanical integrity inspections.

The ICV will contain equipment specifically tailored to enhance BFRS’s hazardous-material incident response capabilities, including its 24-hour emergency response services from 12 fire stations.  From these stations, BFRS provides fire, hazardous materials, disaster, technical rescue, and first responder emergency medical services over 90 square miles containing numerous petroleum and/or chemical facilities.  The ICV will enhance BFRS’s capability to communicate and coordinate emergency response activities in the event of a fire, explosion or similar major incident.

The proposed consent decree was lodged in the U.S. District Court for the Eastern District of Texas and is subject to a 30-day public comment period and final court approval.  Information about submitting a public comment is available at: https://www.justice.gov/enrd/consent-decrees

SHERMAN, Texas – A 21-year-old McKinney, Texas man has pleaded guilty to child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Stephen Chase Clark pleaded guilty to attempted coercion and enticement of a minor and receipt of child pornography before U.S. Magistrate Judge Christine A. Nowak on Mar. 4, 2019.

            According to information presented in court, in August 2018, law enforcement officers conducting an undercover investigation dubbed Operation Zeus, encountered Clark chatting on social media with an individual he believed to be a minor male.  Clark engaged in sexual conversations with the individual and asked for photographs of the child.   Clark was arrested on Aug. 28, 2018, after he went to a location in McKinney where he expected to meet the individual he believed to be a child to engage in sexual activities.  A review of Clark’s cellular phone and social media accounts revealed a number of sexually explicit chats between Clark and other young males.  Law enforcement also found a number of child pornography and chats about trading child pornography.           

            Clark entered into a plea agreement with the government that includes a sentence of 250 months in federal prison.  A sentencing date has not yet been set and the actual sentence will be determined by a federal judge at sentencing.

            This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.           

This case is being investigated by the Federal Bureau of Investigation and the Collin County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.

            FBI agents continue to work to identify children whose images were located on Clark’s electronic devices and encourage anyone who had contact with Clark or may have additional information to contact the U.S. Attorney’s Office at 1-800-804-3547.

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TYLER, Texas – A 34-year-old Atlanta, GA, man has been indicted for his role in an insurance fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Daniel Driver was named in an indictment returned by a federal grand jury on Feb. 20, 2019, charging him with conspiracy to commit wire fraud. 

                According to the indictment, Theodore Robert Wright III, 33, formerly of Kemah, Texas, led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to Texas and involved the destruction of various assets, including aircraft and vessels.  Wright and his co-conspirators, Raymond Fosdick, 42, of Houston, Edward Delima, 42, of Honolulu, and Driver acquired assets and obtained insurance coverage for the acquired assets in amounts exceeding their purchase prices.  Wright and his co-conspirators then devised and carried out schemes to destroy the assets and fraudulently obtain payouts from insurance companies.

The various assets involved the scheme included a 1971 Cessna 500, a 1998 Hunter Passage, and a 1987 West Coast 87.  The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas.  The Hunter Passage sank in a marina in Hawaii.  The West Coast 87 was intentionally sunk in the Pacific Ocean, approximately 30 miles off the coast of Washington.  Driver and another individual were rescued from the sinking vessel by the U.S. Coast Guard.  The vessel was not recovered.  Fraudulent insurance claims were filed in relation to each of these incidents. 

On May 17, 2017, Wright, Fosdick, and Delima were charged with various offenses related to the scheme.  On Sep. 26, 2017, Delima pleaded guilty to conspiring to commit wire fraud and was later sentenced to a five-year term of probation.  On Oct. 12, 2017, Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 39 months in federal prison.  On Oct. 25, 2017, Wright pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 65 months in federal prison.

If convicted, Driver faces up to 20 years in federal prison.  A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

                This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr.

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TEXARKANA, Texas – Two East Texas convicted felons have been sentenced to federal prison for violating the terms of their supervised release in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Johnny McElwrath, 39, of Jefferson, Texas, was sentenced to 33 months in federal prison on Mar. 16, 2015, to be followed by 3 years of supervised release for transportation of illegal aliens. As a condition of his supervised release, McElwrath was required to report all vehicles owned or operated, or in which he had an interested, to the probation office.  However, on Dec. 21, 2018, he was arrested while driving a 2007 Hummer registered in his name, which he had not reported to the probation officer. McElwrath admitted this violation before U.S. Magistrate Judge Caroline M. Craven on Feb. 8, 2019 and was sentenced to 16 months in federal prison as a result. 

                Meekesha Tarsha Mitchell, 42, of Texarkana, Texas, was sentenced to 21 months in federal prison on Oct. 7, 2015, to be followed by 3 years of supervised release for theft of government property. As a condition of her supervised release, Mitchell was required to participate in a program of testing and treatment for drug abuse, under the guidance and direction of the U.S. Probation Office, until such time as she was released from the program by the probation officer. However, on Jan. 28, 2019, Mitchell was unsuccessfully discharged from her substance abuse treatment program. Mitchell admitted this violation before Judge Craven on Feb. 8, 2019, and was sentenced to 6 months in federal prison as a result.

                These cases were investigated by the U.S. Probation Office and prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.

SHERMAN, Texas – A 38-year-old Sherman man has been sentenced to federal prison for bank fraud in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown.

            Michael Shelley pleaded guilty on July 18, 2018, to bank fraud and was sentenced to 120 months in federal prison on Feb. 7, 2019, by U.S. District Judge Amos Mazzant.  Shelley was also ordered to pay restitution in the amount of $2,189,073 to Lone Star Agricultural Credit Association (LSAC).   

According to information presented in court, Shelley engaged in bank fraud while employed as a licensed loan officer at LSAC.  Shelley devised and executed a scheme to defraud LSAC of millions of dollars through loan manipulation. Without LSAC’s knowledge or authorization, Shelley fabricated loan documents, advanced funds to fictitious borrowers, and manipulated collateral and loan interest rates.  He made unauthorized fund transfers from fictitious borrowers to existing LSAC customers, all to the detriment of LSAC.  Shelley’s criminal conduct involved nearly $9 million in LSAC loans and funds. 

            At sentencing, counsel for the victim, LSAC, explained the expansive financial harm Shelley’s fraud caused to both LSAC and its borrower-members.  Due to Shelley’s position of authority within the bank, LSAC had to expend significant resources to unwind and uncover the full breadth and impact of his fraud.  According to LSAC, the impact of Shelley’s fraud will be felt for years to come.

            “Employee theft affects many businesses, and it can be devastating to a company,” said U.S. Attorney Joe Brown.  “Unfortunately, this man had access to a whole lot of money, and he took advantage of that, and took advantage of the bank.  It doesn’t matter whether it’s stolen with a gun or computer, it hurts just as bad to the victim.”

            This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Christopher A. Eason, with the assistance of Assistant U.S. Attorney Robert Austin Wells.

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PLANO, Texas – U.S. Attorney Joseph D. Brown announced today that 27 Houston residents have been indicted and arrested as the result of an investigation into ATM robberies in the Eastern District of Texas.

              From August 2017 through January 2019, the defendants are alleged to have conspired with each other, and others, to participate in and commit at least 47 strong-arm robberies of ATM (Automated Teller Machine) technicians as they attempted to service the machines. In addition to multiple robberies in the Eastern District of Texas, including robberies in Plano, Allen, McKinney, and Texarkana, the suspects are accused of robberies in multiple other cities throughout Texas, and in Georgia, North Carolina, Missouri, Arkansas, Florida, Illinois, and Tennessee. Estimated losses to financial institutions are believed to be approximately $2,779,000.  The suspects are linked to a criminal gang based in the 5th Ward area of Houston known as the Market Street Money Gang, or MSMG.  A federal grand jury indicted seven individuals in August 2018 charging them with conspiracy to commit robbery interfering with interstate commerce and robbery interfering with interstate commerce.  Since that time, superseding indictments have been returned by the grand jury and the number of defendants charged has increased to 27. 

Twenty-three of the indicted defendants have been arrested.  A remaining four suspects are at large.  The arrested individuals named in the indictment of Feb. 6, 2019, are as follows:

• PAUL ROOSEVELT BANK, III, 24;
• JOHN FELTON BOUTTE, JR. 29;
• DAVID BENFORD DORSEY, 38;
• KEITH DEWAYNE DORSEY, 30;
• KEVIN DEWAYNE HARRIS, 32;
• JESSE BANKS MOTTON, JR., 33;
• CHARLES JERMAINE RANDLE, 33;
• GEORGE SHERMAN BECKS, 25;
• MARQUETT CAINS DORSEY, 34;
• PATRICK RENOID SMITH, 32;
• BRANDON JAMAL PINSON, 32;
• TRACY ONEAL BLUNT, JR., 25;
• CYRUS RAY MCQUARN, 32;
• DEANDRE MARKER ADAMS, 43;
• LESLIE JAMES ADAMS, 26;
• TYRONE CHRISTOPHER GOREE, 36;
• LORIE ANITA MONTGOMERY, 26;
• MAJEL D. MAPP, 24;
• LATRELL RAYSHOD PHILLIPS, 23;
• DARIUS MARQUISE CELESTINE, 29;
• ALLEN JOSEPH LANCELIN,  26;
• OLIVER MAVRICK ARRINGTON, 30; and
• MARSHALL LEE WARE, JR., 39, all of Houston.

If convicted, the defendants could each face up to 20 years in federal prison.

               “This was a large criminal enterprise,” said U.S. States Attorney Joseph Brown.  “The criminal activity spanned a good part of the country.  They hurt people, scared people, and a lot of money was stolen.  The FBI and our state and local partners worked hard to put these cases together, and with the breadth of this conspiracy, that was a difficult task.  We intend to make sure these people go to prison.”

This case is being investigated by the Federal Bureau of Investigation, Texas Department of Public Safety, Dallas Police Department, Houston Police Department, Plano Police Department, McKinney Police Department, Allen, Police Department, Texarkana Police Department, and Nashville, Arkansas Police Department.  This case is being prosecuted by Assistant U.S. Attorneys in the Plano office.

An indictment or arrest is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BEAUMONT, Texas – A 35-year-old Colombian national has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today. 

Esmir Colorado-Cuero pleaded guilty on Oct. 22, 2018, to conspiracy to distribute heroin, conspiracy to money launder, and illegal reentry by a previously removed alien.  Colorado-Cuero was sentenced to 121 months in federal prison today by U.S. District Judge Marcia Crone.

            According to information presented in court, in January 2016, law enforcement officers seized a kilogram of heroin moving through Beaumont, Texas for delivery in Louisiana.  Around the same time, two bulk cash seizures of over $100,000 each, were made in the Houston area. An investigation by law enforcement agents into these events identified Colorado-Cuero’s connection to a large scale heroin trafficking and money laundering conspiracy moving drugs and cash from Houston through the Eastern District of Texas.  Further investigation revealed Colorado-Cuero was a Colombian national and had been apprehended and deported from the United States on at least two prior occasions.     

                This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.  Six other defendants have been convicted and sentenced for their roles in the conspiracies. 

               This case was investigated by the DEA Houston Field Division; DEA Miami Field Division; Houston Police Department; Beaumont Police Department; Department of Homeland Security-Enforcement Removal Operations-Beaumont; Homeland Security Investigations-Houston; and Texas Department of Public Safety Crime Lab Tyler and Austin.  This case was prosecuted by Assistant U.S. Attorneys Randall L. Fluke and John Craft and Special Assistant U.S. Attorney Tommy Coleman.

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TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has been sentenced to federal prison for assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Dontrell McChester, of Hooks, Texas, pleaded guilty on Nov. 5, 2018, to assault on a federal officer and was sentenced to 13 months in federal prison by U.S. District Judge Robert W. Schroeder, III, on Jan. 30m 2019.  During sentencing, Judge Schroeder found that McChester had recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.  McChester was also ordered to pay restitution in the amount of $592.36.

                According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle.  Officers directed McChester to exit the vehicle for further inspection.  While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away.  McChester began kicking an officer, who was struggling with him to stop the vehicle.  While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene.  Officers were finally able to restrain McChester by using pepper spray.  The assaulted officer received injuries and was also pepper sprayed during the altercation.               

                This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.

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BEAUMONT, Texas – Three federal prison inmates have been indicted for escaping from prison announced U.S. Attorney Joseph D. Brown today.

                The three federal inmates were charged with escape in three separate indictments returned by a federal grand jury today.

                According to the indictments on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County  reporting they had witnessed inmates crossing a pasture and getting picked by a vehicle on Hillebrandt Road.  A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found two of the escapees inside.  The inmates were transported back to the prison facility by law enforcement officers.  A third inmate returned to the facility on foot several hours later.  Charged in the indictments are:

• Juan Carlos Acuna, 37, of Marietta, Georgia.  Acuna was sentenced to 22 years in federal prison in 2006 for possession with intent to distribute over 150 kilos of cocaine.
• Clemente Valdez, Jr., 36, of Dallas.  Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine.  Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.
• Arnold Troy Crayton, 37, of Fort Worth.  Crayton was sentenced to 5 years in federal prison in 2014 for possession with intent to distribute marijuana.  He has prior felony convictions for conspiracy to distribute cocaine and has been in a federal prison facility since 2002.

If convicted, the defendants each face up to five years in federal prison.

This case is being investigated by the U.S. Bureau of Prisons and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.

A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

TYLER, Texas – U.S. Attorney Joseph D. Brown announced today that seven individuals have been arrested and indicted as the result of a lengthy investigation into drug trafficking activities in the Eastern District of Texas.

               Beginning in 2017, a combined task force of federal, state and local law enforcement began a multi-agency investigation into the trafficking of methamphetamine in and around Upshur County, Texas.  During the course of the investigation, law enforcement agencies conducted numerous audio- and video-recorded controlled purchases of methamphetamine from suspects.  Furthermore, law enforcement officers and agents executed search and arrest warrants, seizing additional quantities of methamphetamine and firearms. 

This operation resulted in the arrests of Roger Dale Hall, 53; Denise Michelle Taylor, 35; Christopher Dewayne Bunn, 43; Shaun Dale Weeks, 43; Jessie Darwin Ezell, 37; Darrell Lynn Gage, Jr., 41; and Kenny Okeith Harris, 32, all of Gilmer, Texas.

The defendants were indicted by a federal grand jury on Dec. 13, 2018, and charged with conspiracy to possess with intent to distribute methamphetamine.  In addition, Weeks, Bunn, and Harris are charged with firearms offenses including felon in possession of a firearm and use, carrying, and possession of a firearm during and in furtherance of a drug trafficking crime.  Hall, Taylor, Bunn, Weeks, Ezell, and Gage each have prior federal or state felony convictions relating to the possession and distribution of controlled substances.  The defendants have appeared before U.S. Magistrate Judge Roy Payne.  The indictment remained sealed by the court until Feb. 4, 2019, and after the final defendant, Roger Dale Hall, was arrested.

If convicted, the defendants could each face from five to 40 years in federal prison.

“These arrests have made a big impact on the supply of methamphetamine in this part of East Texas,” said U.S. Attorney Joe Brown.  “The defendants were moving large amounts of drugs, and staying in the more rural areas to avoid detection.  Credit really goes to the cooperation of several local, state, and federal agencies which worked together to take these people off the street.”

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, the Texas Department of Public Safety, the Upshur County Sheriff’s Office, the Gregg County Sheriff’s Office, the Upshur County District Attorney’s Office, the Gregg County Organized Drug Enforcement (CODE) Unit, and the Gilmer Police Department.  This case is being prosecuted by Assistant U.S. Attorney Lucas Machicek.

An indictment or arrest is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

SHERMAN, Texas – A 39-year-old Melissa, Texas woman has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Demetrice Hodges pleaded guilty on May 10, 2018, to conspiracy to commit wire fraud, wire fraud, and aggravated identity theft charges related to an income tax fraud scheme.  Hodges was sentenced to 65 months in federal prison by U.S. District Judge Amos Mazzant on Jan. 24, 2019.  Hodges was also ordered to pay restitution in the amount of $343,824.59 to the Internal Revenue Service and ordered to forfeit $8,000 as proceeds of the wire fraud conviction.

            According to information presented in court, in 2016, Hodges was involved in a scheme to defraud individuals by conspiring with others to obtain money and property by false pretenses.  As part of the scheme, Hodges coordinated with another individual in purchasing personal identifying information ("PII") that was used to electronically file income tax returns using the stolen identifiers.  Hodges was indicted by a federal grand jury on Sep. 13, 2017.

            "Income tax fraud and identity theft cause great financial harm to the U.S. Treasury and significant personal harm to individuals and their financial and credit status," said U.S. Attorney Joseph D. Brown. "The U.S. Attorney's Office, the Department of Justice, and the Internal Revenue Service are dedicated to investigating and vigorously prosecuting cases in which individuals steal the identity of innocent victims, including the identities of both adults and children, and commit fraud against the Internal Revenue Service and the United States Treasury."            

This case was investigated by the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorney Tom Gibson.

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BEAUMONT, Texas — A 33-year-old Jasper, Texas woman has been sentenced to 320 months in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Janel Saphire Trahan pleaded guilty on Sep. 13, 2018 to production of child pornography and was sentenced to 320 months in federal prison by U.S. District Judge Thad Heartfield on Jan. 23, 2019.

According to information presented in court, on Jan. 13, 2018, Trahan took a photograph of herself performing oral sex on a 2-year-old female and sent it to her husband.  On Jan. 14, 2018, she sent the photograph in a private group chat using a mobile instant messaging application.  Trahan was indicted by a federal grand jury on Feb. 7, 2018.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by HSI-ICE, the Beaumont Police Department and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.

BEAUMONT, Texas – A 25-year-old Beaumont, Texas man appeared in federal court on firearms and drug trafficking charges in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.                 

James Anthony Madrid had an initial appearance today pursuant to a criminal complaint issued by the U.S. District Court charging him with possession with intent to distribute cocaine and using a firearm during a drug trafficking crime.

According to information presented in court, on Jan. 24, 2019, local and federal agents responded to the 8700 block of Newfield Lane in Beaumont, Texas, in connection with a shooting.  Officers discovered Madrid’s one-year-old child and girlfriend had been shot. An investigation revealed Madrid had shot the girlfriend and child as individuals attempted to break into the house in connection with Madrid’s drug trafficking activities.  A search of the home revealed approximately 1.5 kilograms of cocaine, evidence of drug distribution and several firearms. 

If convicted, Madrid faces up to Life in federal prison.

This case is being investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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BEAUMONT, Texas – A 45-year-old Beaumont, Texas man has been sentenced for child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

               Willie Lampley was found guilty on Aug. 22, 2018, of receipt of child pornography and possession of child pornography.  Today, Lampley was sentenced to 210 months in federal prison on count one and 120 months on count two by U.S. District Judge Marcia A. Crone.  Judge Crone ordered the sentences to run concurrently and also ordered Lampley to pay restitution in the amount of $18,000.

               According to information presented in court, beginning in July 2017, Lampley began searching for and downloading child pornography using Peer-to-Peer file sharing networks.  Lampley stored more than 300 videos and 100 images of children being sexually abused on the hard-drive of his computer.  Some of the material depicted children as young as infants and toddlers.  Lampley was convicted by a jury following a two-day trial in August.

               This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.              

This case was investigated by the Beaumont Police Department and Homeland Security Investigations and prosecuted by Assistant U.S. Attorneys Russell E. James and Christopher T. Tortorice.

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BEAUMONT, Texas – A 29-year-old Carthage, Texas man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Winfred Earl Ware, Jr. was indicted by a federal grand jury on Nov. 14, 2018, and charged with conspiracy to possess with intent to distribute methamphetamine, obstruction of due administration of justice, and tampering with a witness by misleading conduct.  Ware appeared before U.S. Magistrate Judge Keith Giblin today for an initial appearance.

            The indictment alleges that from 2014 through 2017, Ware conspired with others to possess with the intent to distribute 50 grams or more of methamphetamine.  The indictment further alleges that between May and July 2018, Ware obstructed or influenced information regarding the administration of justice in his prior federal criminal case and knowingly engaged in misleading conduct with the intent to prevent the testimony of a witness in that case.           

            If convicted, Ware faces a minimum of 10 years and up to Life in federal prison.  

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Panola County Sheriff’s Office, and  prosecuted by Assistant U.S. Attorneys Paul Hable and Lauren Gaston. 

A grand jury indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BEAUMONT, Texas – A 40-year-old Houston man has been convicted of drug trafficking and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                John D. Leontaritis, owner and operator of Vanderhall Exotics of Houston, and former owner operator of Global Motorcars of Houston, car dealerships that specialize in exotic, luxury automobiles, was found guilty by a jury today following a six-day trial before U.S. District Judge Marcia A. Crone.

                According to information presented in court, Leontaritis was indicted by a federal grand jury on Apr. 4, 2018, and charged with conspiracy to possess with intent to distribute and distribution of methamphetamine, as well as, conspiracy to commit money laundering, which were committed from 2013 to 2017 in both the Houston and Beaumont areas.  As a result of this investigation, seven other members of the conspiracy have already pleaded guilty and been sentenced.                

                This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case was investigated by the U.S. Drug Enforcement Administration, the Houston Police Department and the Internal Revenue Service-CI and prosecuted by Assistant U.S. Attorneys Michelle S. Englade and Michael Anderson. 

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TEXARKANA, Texas – Four Red River County men have been indicted for conspiring to distribute methamphetamine in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Brian Bradley Beers, 47, of Avery, Texas; Kevin Wayne Guess, 45, of Annona, Texas; James Wayne Johnson, 30, of Kemp, Texas; and Billy Carl Webb, Jr., 51, of Clarksville, Texas, were named in an indictment returned by a federal grand jury on Nov. 14, 2018. Beers, Guess, and Webb were arrested on Nov. 30, 2018, in Red River County. Johnson was taken into federal custody on Nov. 19, 2018.

                According to the indictment, in June and July of 2018, Beers, Guess, Webb, and Johnson conspired to possess with intent to distribute 50 grams or more of methamphetamine. Additionally, the indictment alleges that during that time, Johnson possessed 50 grams or more of methamphetamine with intent to distribute and that Beers, Guess, and Webb used communication facilities in facilitating the conspiracy.

                If convicted, Beers, Guess, Johnson, and Webb face a minimum of ten years and as much as life in federal prison.

                This case is being investigated by the Texas Department of Public Safety, the Red River County Sheriff’s Office, and the Mt. Pleasant Police Department. The case is being prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.

PLANO, Texas – A 49-year-old Carrollton, Texas man has been indicted for child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Joseph Patrick Mosher was named in an indictment returned by a federal grand jury on Nov. 15, 2018 charging him with sexual exploitation of a child.  Mosher appeared before U.S. Magistrate Judge Kimberly Priest Johnson on Nov. 19, 2018 and was ordered to be detained until trial.

According to the indictment, in September of 2018, a teenager known to Mosher reported to school officials that he believed he had been secretly filmed in a bathroom of Mosher’s home.  Carrollton Police Department detectives executed a search warrant at the home and seized a number of hidden cameras and electronic devices.  A forensic review of those devices revealed a number of videos of males captured in private spaces within the home.  It appeared that the males did not know they were being recorded or that Mosher had obtained footage of them engaged in private or personal activities.

If convicted, Mosher faces a minimum of 15 years and up to 30 years in federal prison. 

Any minors who may have had contact with Joseph Patrick Mosher or visited his home are urged to contact the U.S. Attorney’s Office at 1-800-804-3547.  The U.S. Attorney’s Office will take the necessary steps to protect all minors’ identities and confidential information. 

This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case is being investigated by Homeland Security Investigations and the Carrollton Police Department and is being prosecuted by Assistant U.S. Attorney Marisa J. Miller.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

Two Greek shipping companies, Avin International LTD, and Nicos I.V. Special Maritime Enterprises, pleaded guilty yesterday in federal court in Beaumont, Texas, to charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.

Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges. 

Both companies pleaded guilty to one count of obstruction of an agency proceeding, as well as one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos each pleaded guilty to one count of making a material false statement and face up to five years in prison when sentenced. A sentencing date has not been set.

“The international ports of Houston and Port Arthur are no one’s dumping ground,” said Assistant Attorney General Clark. “Vessel operators coming to the United States must not foul American waterways. Those who knowingly discharge their waste and lie to the Coast Guard to dodge their legal responsibilities under federal law are on notice that our investigators and prosecutors stand ready to hold them accountable.”

“We take the violation of our environmental protection laws seriously,” said U.S. Attorney Joseph D. Brown.  “We expect shipping and oil companies to do the same.  They can do terrible damage to our coastlines and wildlife, and we all have to make sure that does not happen.”

“The Coast Guard Investigative Service will continue to vigorously investigate and hold accountable individuals and corporations who illegally discharge pollutants into the marine environment,” said Brian Jeanfreau, Special Agent-In-Charge of the U.S. Coast Guard Investigative Service, Gulf Region.

According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges as required under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.

After leaving the Port of Houston, en route to Port Arthur, Texas, the deck crew was instructed to open the ballast tanks, and oil was observed in several of the tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, causing a report to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.

The case was investigated by the U.S. Coast Guard Investigative Service with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. The prosecution was handled by Trial Attorney Lauren Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph Batte of the Eastern District of Texas.

WASHINGTON – Two Greek shipping companies, Avin International LTD, and Nicos I.V. Special Maritime Enterprises, pleaded guilty yesterday in federal court in Beaumont, Texas, to charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.

Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges. 

Both companies pleaded guilty to one count of obstruction of an agency proceeding, as well as one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos each pleaded guilty to one count of making a material false statement and face up to five years in prison when sentenced. A sentencing date has not been set.

“The international ports of Houston and Port Arthur are no one’s dumping ground,” said Assistant Attorney General Clark. “Vessel operators coming to the United States must not foul American waterways. Those who knowingly discharge their waste and lie to the Coast Guard to dodge their legal responsibilities under federal law are on notice that our investigators and prosecutors stand ready to hold them accountable.”

“We take the violation of our environmental protection laws seriously,” said U.S. Attorney Joseph D. Brown.  “We expect shipping and oil companies to do the same.  They can do terrible damage to our coastlines and wildlife, and we all have to make sure that does not happen.”

“The Coast Guard Investigative Service will continue to vigorously investigate and hold accountable individuals and corporations who illegally discharge pollutants into the marine environment,” said Brian Jeanfreau, Special Agent-In-Charge of the U.S. Coast Guard Investigative Service, Gulf Region.

According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges as required under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.

After leaving the Port of Houston, en route to Port Arthur, Texas, the deck crew was instructed to open the ballast tanks, and oil was observed in several of the tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, causing a report to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.

The case was investigated by the U.S. Coast Guard Investigative Service with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. The prosecution was handled by Trial Attorney Lauren Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph Batte of the Eastern District of Texas.

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TYLER, Texas – A 46-year-old Ft. Worth man has pleaded guilty to federal wildlife violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                Jorge Fernando Mercado pleaded guilty to an Information charging him with unlawful possession of migratory birds today before U.S. Magistrate Judge John D. Love.

According to information presented in court, on Sep. 30, 2017 in Van Zandt County, Texas, Mercado, knowingly possessed, and then sold, a live Eastern Screech-Owl (Megascops asio) to another individual for $200.00.  The Eastern Screech-Owl is a “migratory bird” which is protected by federal statute and international conventions.  Mercado admitted that he knowingly possessed and sold the owl without a valid permit or authorization.

                Under federal statutes, Mercado faces up to six months in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

The owl was recovered and rehabilitated by U.S. Fish & Wildlife and has since been released back into the wild.  

                This case was investigated by Texas Parks and Wildlife and U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jim Noble.

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TYLER, Texas – A 49-year-old, Hawkins, Texas, woman has been sentenced to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.             

Lina Su, also known as Lina Perkins, pleaded guilty on June 7, 2018, to two counts of wire fraud and one count of money laundering and was sentenced to 80 months in federal prison today by U.S. District Judge Thad Heartfield.  Su was also ordered to pay restitution in the amount of $1,815,765.96.

Su, a naturalized citizen from Taiwan, was a financial controller splitting time between living in Hawkins, Texas and Los Angeles.  According to information presented in court, in March of 2017, Su made several unauthorized wire transfers from VIG Furniture bank accounts into an account she controlled at City National Bank in Sulphur Springs, Texas.  In 2015 and 2016, she also made unauthorized transfers from Airport Van Rental and ACE Medical Transport bank accounts into her personal checking account. In addition, Su used funds from those companies’ accounts to make personal credit card payments, purchase land for herself, and pay contractors constructing her home in Wood County, Texas.  Altogether, Su embezzled and transferred over $1.8 million dollars from the California companies she was working for during the time period.  Su was indicted by a federal grand jury on Dec. 13, 2017. 

          Su ultimately cooperated with investigators and entered into an Asset Preservation Agreement with the United States Attorney’s Office which required her to begin paying restitution to her victims by liquidating her assets and turning over those proceeds for restitution for the victims.  As part of her plea agreement, Su agreed to forfeit all of her right, title and interest to real property and vehicles. 

            This case was investigated by the Internal Revenue Service-Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Jim Noble with the assistance of Assistant U.S. Attorney Robert Wells.

TYLER, Texas – A 25-year-old Tyler, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

               Heon Jong Yoo, a/k/a “Hank Yoo,” was found guilty today of seven counts of false statements made in connection with firearms transactions and one count of unlawful possession by a prohibited person.  The three-day jury trial occurred before U.S. District Judge Robert W. Schroeder, III. 

               According to information presented in court, Yoo was an undergraduate student at the University of Texas-Tyler.  A lawful permanent resident from South Korea, Yoo falsely represented that he was a United States citizen with respect to seven different firearms transactions, some of which involved semiautomatic weapons.  He did so after having been involuntarily committed to a mental institution in the state of New Jersey in 2013 and again in 2015.  At the time of his arrest, Yoo was in possession of multiple firearms, ammunition, and firearms accessories.  Yoo was indicted by a federal grand jury on Apr. 18, 2018. 

“This case was a great example of federal, state, and local law enforcement working together to stop a threat that really could have had tragic results,” said U.S. Attorney Joseph D. Brown.  “Yoo was becoming increasingly aggressive in his behavior, and there were multiple schools where people were extremely concerned about what he was going to do.  In addition, he had weapons and a history of mental health problems.  These situations often end badly, and it was good that law enforcement worked together to get him off the streets as soon as they did.”

               Under federal statutes, Yoo faces a maximum of 5 years in federal prison for each false statement charge and up to 10 years on the unlawful possession count at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

               This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Texas Department of Public Safety-Texas Rangers Division; the Smith County Sheriff’s Office; the Tyler Police Department; and the University of Texas-Tyler Police Department.  Assistance was also provided by the Department of Homeland Security, the Dallas Police Department, the Plano Police Department, the Prosper Police Department, the Collin College Police Department, the Dallas County Community College District Police Department, the Rutgers University Police Department, and the University of Connecticut Police Department.  The case was prosecuted by Assistant U.S. Attorneys Frank Coan, Lucas Machicek, and Ryan Locker.

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PLANO, Texas - U.S. Attorney Joseph D. Brown announced today that 20 Mexican prosecutors will be in the Eastern District of Texas this week observing and learning about the United States federal judicial system while visiting the U.S. Attorney’s Office and the federal courthouse in Plano.  The visit is in coordination with the Department of Justice’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) and reflects U.S. Attorney Brown’s commitment to help fight organized crime at its source. 

“The fight against crime requires that prosecutors and law-enforcement on both sides of the border be able to reach across international lines,” said U.S. Attorney Joseph D. Brown.  “We hope to improve relationships, share intelligence, and make sure we are firing on all cylinders as we work to keep the public safe.”

               Established in 1991, OPDAT builds strong foreign partnerships that can work with the United States to enhance cooperation in transnational cases and to fight crime before it reaches our shores.  OPDAT provides expert assistance to foreign counterparts to help develop justice systems that can effectively combat transnational crime, corruption, and terrorism in furtherance of United States national security.  Drawing primarily upon federal prosecutors from the Department of Justice and United States Attorney’s Offices, as of April 2017, OPDAT had 58 Resident Legal Advisors and Intermittent Legal Advisors posted in 47 countries.  In helping to keep Americans safe from violent crime, OPDAT works closely with components throughout the Department of Justice, and partners globally with the International Criminal Investigative Training Assistance Program and with federal law enforcement agencies, including ATF, DEA, FBI, and United States Marshals. 

               The United States and Mexico have identified key criminal activities that are linked to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking.  These criminal activities endanger the security and prosperity of the United States and Mexico.  Accordingly, the United States and Mexico are working to strengthen their cooperation to effectively combat these international criminal organizations.

               In this regard, the United States and Mexico plan to develop and share strategies to effectively combat and dismantle organized criminal structures..  This includes:

• Streamlining the exchange of information in real time among investigative bodies by utilizing law enforcement channels of communication whenever possible;
   
• Prioritizing and collaborating in the interdiction of shipments of narcotics and its illicit proceeds;
   
• Engaging in investigative strategies, where possible, to more effectively dismantle transnational criminal organizations;
   
• Increasing the exchange of best practices to more effectively investigative and prosecute transnational criminal organizations; and
   
• Developing joint capacity building and training programs for public sector actors responsible for criminal investigations and prosecutions, with a particular focus on organized crime, narcotics trafficking, money laundering, asset forfeiture, and public corruption. 

The Eastern District of Texas looks forward to welcoming these visiting prosecutors on Nov. 14-15, 2018 knowing that the visit will advance the goals of this collaborative effort between the United States and Mexico.  

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TYLER, Texas – Two East Texas men have been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Keyonta Monquan Johnson, 24, of Reklaw, Texas, pleaded guilty on Mar. 22, 2018, to distribution of methamphetamine near a playground and was sentenced to 100 months in federal prison on Oct. 4, 2018, by U.S. District Judge Ron Clark.

Devante Lee Johnson, 26, of Jacksonville, Texas, pleaded guilty on May 22, 2018, to possession with intent to distribute methamphetamine on premises where children are present and was sentenced to 180 months in federal prison today by U.S. District Judge Thad Heartfield.

Both defendants were indicted by a federal grand jury on Oct. 18, 2017.

This case was prosecuted by Assistant U.S. Attorney Mary Ann Cozby and investigated by the Federal Bureau of Investigation, Cherokee County Sheriff's Office, Texas Department of Public Safety, and Jacksonville Police Department.

TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has pleaded guilty to assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Dontrell McChester, of Hooks, Texas, pleaded guilty to assault on a federal officer today before U.S. Magistrate Judge Caroline M. Craven.

                According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle.  Officers directed McChester to exit the vehicle for further inspection.  While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away.  McChester began kicking an officer, who was struggling with him to stop the vehicle.  While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene.  Officers were finally able to restrain McChester by using pepper spray.  The assaulted officer received injuries and was also pepper sprayed during the altercation.

                Under federal statutes, McChester faces up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

                This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.

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Four alleged members or associates of the Aryan Circle (AC) have been indicted and three arrested for their alleged roles in a Nov. 9, 2013 aggravated assault in Jefferson County, Missouri.

The indictments were announced by Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri.

Thomas B. Wilson, 43, of Villa Ridge, Missouri; Daniel B. Jerome, 31, of Wentzville, Missouri; Thomas Tisher, 34, of St Louis, Missouri; and Dustin M. Haney, 28, of Hermann, Missouri are charged in an indictment, returned by a federal grand jury on Oct. 31, and unsealed today, with aggravated assault in aid of racketeering. Daniel B. Jerome remains at large.

“These four defendants are alleged to have brutally assaulted their victim in order to establish or maintain their own status in the Aryan Circle gang,” said Assistant Attorney General Benczkowski.  “Gangs like the Aryan Circle threaten the safety and security of all Americans, and the Criminal Division will target and aggressively prosecute any individual who commits acts of violence on behalf of a gang.”

According to the indictment, the AC is a powerful race-based, multi-state organization that operates inside and outside of state and federal prisons throughout the United States, and particularly in Missouri, Texas, Oklahoma and Louisiana. The AC was established in the mid-1980s within the Texas prison system (TDCJ). Recently, the AC’s structure and influence expanded to rural and suburban areas throughout Missouri, Texas, and Louisiana. The AC emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The AC was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.

The indictment further alleges that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and often, associates, are required to follow the orders of higher-ranking members without question.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; FBI; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Louisiana State Police; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.

The case is being prosecuted by Trial Attorney David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Angie Danis of the Eastern District of Missouri, in cooperation with the U.S. Attorney’s Office of the Western District of Louisiana and the U.S. Attorney’s Office of the Eastern District of Texas.

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BEAUMONT, Texas – United States Attorney Joseph D. Brown announced today that Assistant United States Attorneys (AUSAs) have been appointed to lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.  AUSA Michelle Englade has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Texas, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

            United States Attorney Brown said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”               

            The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

                Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Brown said that in addition to AUSA/DEO Englade, AUSAs Allen Hurst and M. Andrew Stover will be on duty in the Eastern District of Texas while the polls are open. AUSA Englade can be reached by the public in Beaumont at 409-839-2538, AUSA Hurst can be reached in Tyler, Texas, at 903-590-1400, and AUSA Stover can be reached in Plano, Texas, at 972-509-1201.  

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI can be reached by the public in the Eastern District of Texas at the following telephone numbers:

Beaumont – 409-832-8571
Frisco – 214-705-7000
Lufkin – 936-637-3834
Sherman – 903-892-8754
Texarkana – 870-773-3382
Tyler – 903-592-4301

            Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

            United States Attorney Brown said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

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BEAUMONT, Texas — A 21-year-old Joaquin, Texas man has been arrested on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Alexander Nathan Barter was arrested on Friday, Oct. 19, 2018, in Joaquin, and appeared today in Beaumont before U.S. Magistrate Judge Keith Giblin for an initial appearance. 

            Barter has been charged in a federal complaint with attempted coercion and enticement and will return to court on Tuesday, Oct. 30, 2018 for detention and preliminary hearings.  

            This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

            If convicted, Barter faces up to 20 years in federal prison.

            This case is being investigated by Homeland Security Investigations in Lufkin, Beaumont, and Houston, Texas; Homeland Security Investigations Cocoa Beach, Florida, Child Exploitation Task Force; Brevard County Sheriff’s Office (Florida); Nacogdoches Police Department; Texas Department of Public Safety; Customs and Border Protection Air Units; and Shelby County Sheriff’s Office.  This case is being prosecuted by Assistant U.S. Attorney Marisa Miller.

            It is important to note that an arrest, indictment, or complaint should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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PLANO, Texas – A 70-year-old Plano, Texas man has been sentenced to federal prison for a firearms violation in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown.

Alfred Pick pleaded guilty on May 22, 2018, to a charge of possession of a firearm while an unlawful user of a controlled substance and was sentenced, pursuant to an agreement by all parties, to 87 months in federal prison on Oct. 17, 2018 by U.S. District Judge Marcia Crone.

According to information presented to the court, Plano police were called to an area hospital on Oct. 2, 2017, regarding a belligerent individual.  Officers encountered Pick, who was upset about the treatment of a relative in the hospital, and had told medical staff and others, that he intended to return to the hospital with a firearm and “would shoot [hospital staff] in their kneecaps and elbows first and let them bleed.”  Pick was taken into custody and delivered to mental health authorities for an evaluation.

As a result of the incident at the hospital, agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) opened an investigation that eventually received information that Pick possessed weapons and narcotics at his home.  Agents obtained a search warrant and found over 2 grams of cocaine and over 10 grams of marijuana in Pick’s residence.  Agents also discover 14 firearms at Pick’s residence, including a fully automatic machine gun with an obliterated serial number that witnesses later told investigators that Pick had admitted he stole while he served in the military.

            The sentencing court also received information that Pick had repeatedly been cited for criminal trespass at various area hospitals for his aggressive behavior, involving both verbal and physical abuse of medical staff and impeding staff.  The court also heard that police had been called on two prior occasions in 2014 to restaurant parking lots where patrons reported that Pick had been threatening and brandished handguns in encounters with him.

Additional information presented at sentencing revealed Pick’s daughter reported to  investigators that Pick had sexually abused her from the time she was 4-years-old until the age of 17, taking nude photographs of her to, as he put it, “chart her growth” and sexually assaulting her.

Finally, the sentencing court received evidence that Pick threatened the Federal Magistrate Judge who detained him indicating he would fly his plane with explosives to kill the Judge and ATF agents who investigated his case.  Pick also stated that he would “have taught the Las Vegas shooter a thing or two,” referring to the Oct. 1, 2017 mass shooting. 

               “Obviously, there was a lot more to the sentence that was received – a sentence that Mr. Pick and his lawyer agreed to – than a single gun with a missing serial number,” said U.S. Attorney Joseph D. Brown.  “Although Mr. Pick was a decorated veteran, he would use that status routinely to try to excuse his repeated criminal behavior.  This was also not a mental health issue.  It became a public safety issue.”

               “The people concerned for Mr. Pick’s safety when he honorably served our nation were the same people most-concerned for his and the public’s safety throughout our investigation,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “I applaud those that recognized and reported Mr. Pick’s abuse of controlled substances, amplified threats and intensified displays of physical and psychological aggression as well as the decisive action of the ATF Agents.”   

            In addition to the charge for which he was convicted, Pick was originally charged with two other violations – possession of an unregistered firearm and possession of a firearm with an obliterated serial number.  As part of Pick’s agreement to plead guilty and agreement as to the term of his sentence, these charges were dismissed.

               This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Tracey Batson.

BEAUMONT, Texas – A 39-year-old Beaumont, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Charleas Artesha Wilkerson pleaded guilty to charges of public official accepting a bribe today before U.S. Magistrate Judge Keith F. Giblin.

According to information presented in court, in April 2018, while serving in her official capacity as an employee of the Bureau of Prisons, Wilkerson agreed to accept $1,000 in exchange for smuggling suboxone and cell phones to a federal inmate housed at the U.S. Penitentiary in Beaumont, Texas.  Federal agents observed Wilkerson retrieve money associated with the smuggling of contraband items.  Wilkerson was later arrested as she retrieved a box that she believed to have contained the contraband items.  Wilkerson was indicted by a federal grand jury on July 12, 2018.         

          Under federal statutes, Wilkerson faces up to 15 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Russell E. James.

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