FEDERAL DISTRICT ARCHIVE
Northern District of Texas
Press releases recorded for this federal judicial district.
Dietary Supplement Executive Sentenced in Scheme to Fraudulently Sell Popular Dietary SupplementsRead the Press Release
A federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah and Acting Assistant Attorney General Brian Boynton of the Department of Justice’s Civil Division.
On Feb. 19, 2021, U.S. District Judge Sam A. Lindsay sentenced former S.K. Laboratories Vice President Sitesh Patel, 37, of Irvine, California, to 41 months’ imprisonment and one year of supervised release. The court previously ordered Patel’s former company, S.K. Laboratories, to forfeit $6 million in connection with the case.
According to documents filed in the case, Patel played a key role in developing and manufacturing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based USPlabs.
In pleading guilty in 2019 to conspiracy to introduce misbranded food into interstate commerce, Patel and several of his co-defendants admitted that they imported substances with false and misleading labeling to avoid law enforcement and regulatory agency attention.
Patel also pleaded guilty to introduction of misbranded food into interstate commerce. The misbranding charges relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the U.S. Food and Drug Administration (FDA) into whether the supplement caused liver injuries in consumers.
An indictment returned by a Dallas federal grand jury in 2015 against Patel and four other individuals associated with USPlabs alleged that the defendants sold some of their products without determining whether they would be safe to use.
“Dietary supplement manufacturers must not be allowed to mislead the public about untested ingredients mixed into their products,” said Acting U.S. Attorney Prerak Shah. “We are proud to hold this defendant accountable for lying to the public about ingredients that had the potential to cause them harm.”
“Consumers should not have to question whether the dietary supplements they find on store shelves will cause them physical harm,” said Acting Assistant Attorney General Brian Boynton. “This case demonstrates the department’s commitment to working with our agency partners to prosecute individuals and companies that defraud the public and place consumers at risk.”
“FDA regulation of the manufacturing and distribution of dietary supplements helps ensure the safety of American consumers. Illegal schemes to subvert FDA’s oversight and trick the public into buying a product that does not meet FDA standards create a serious threat to public health,” said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work with our law enforcement partners to investigate and bring to justice those who put profits ahead of the health of U.S. consumers.”
“The defendant knowingly profited by deceiving American consumers, causing harm to them by concealing the true ingredients of a product intended to improve the very health it damaged,” said Acting Special Agent in Charge Mark Pearson of the IRS-Criminal Investigation, Dallas Field Office. “Working to prosecute those people and institutions who endanger consumers is something the IRS-CI is dedicated to continuing to pursue with our partners in law enforcement.”
The court previously sentenced Jacobo Geissler, 44, of University Park, Texas, the CEO of USPlabs, to 60 months’ imprisonment, and Jonathan Doyle, 41, of Dallas, the president of USPlabs, to 24 months’ imprisonment for their roles in the fraud. The court also sentenced defendants Cyril Willson, 40, of Ralston, Nebraska, a former consultant for USPlabs, and Matthew Hebert, 42, of Dallas, a co-owner of the company, to 18 months’ and 15 months’ imprisonment, respectively. In addition, USPlabs was ordered to pay $4.7 million in criminal forfeiture.
The case was investigated by Special Agent Chad Medaris of the FDA’s Office of Criminal Investigations and Special Agent Larissa Wilson of the IRS-Criminal Investigation. The case was prosecuted by Trial Attorneys Patrick Runkle, David Sullivan, and Raquel Toledo with the Consumer Protection Branch of the Department of Justice’s Civil Division, and Assistant U.S. Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.
Dietary Supplement Executive Sentenced in Scheme to Fraudulently Sell Popular Dietary SupplementsRead the Press Release
A federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements, the Justice Department announced today.
On Feb. 19, 2021, U.S. District Judge Sam A. Lindsay sentenced former S.K. Laboratories Vice President Sitesh Patel, 37, of Irvine, California, to 41 months’ imprisonment and one year of supervised release. The court previously ordered Patel’s former company, S.K. Laboratories, to forfeit $6 million in connection with the case.
According to documents filed in the case, Patel played a key role in developing and manufacturing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based USPlabs. In pleading guilty in 2019 to conspiracy to introduce misbranded food into interstate commerce, Patel and several of his co-defendants admitted that they imported substances with false and misleading labeling to avoid law enforcement and regulatory agency attention. Patel also pleaded guilty to introduction of misbranded food into interstate commerce. The misbranding charges relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the U.S. Food and Drug Administration (FDA) into whether the supplement caused liver injuries in consumers. An indictment returned by a Dallas federal grand jury in 2015 against Patel and four other individuals associated with USPlabs alleged that the defendants sold some of their products without determining whether they would be safe to use.
“Consumers should not have to question whether the dietary supplements they find on store shelves will cause them physical harm,” said Acting Assistant Attorney General Brian Boynton of the Department of Justice’s Civil Division. “This case demonstrates the department’s commitment to working with our agency partners to prosecute individuals and companies that defraud the public and place consumers at risk.”
“Dietary supplement manufacturers must not be allowed to mislead the public about untested ingredients mixed into their products,” said Acting U.S. Attorney Prerak Shah for the Northern District of Texas. “We are proud to hold this defendant accountable for lying to the public about ingredients that had the potential to cause them harm.”
“FDA regulation of the manufacturing and distribution of dietary supplements helps ensure the safety of American consumers. Illegal schemes to subvert FDA’s oversight and trick the public into buying a product that does not meet FDA standards create a serious threat to public health,” said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work with our law enforcement partners to investigate and bring to justice those who put profits ahead of the health of U.S. consumers.”
“The defendant knowingly profited by deceiving American consumers, causing harm to them by concealing the true ingredients of a product intended to improve the very health it damaged,” said Acting Special Agent in Charge Mark Pearson of the IRS-Criminal Investigation, Dallas Field Office. “Working to prosecute those people and institutions who endanger consumers is something the IRS-CI is dedicated to continuing to pursue with our partners in law enforcement.”
The court previously sentenced Jacobo Geissler, 44, of University Park, Texas, the CEO of USPlabs, to 60 months’ imprisonment, and Jonathan Doyle, 41, of Dallas, the president of USPlabs, to 24 months’ imprisonment for their roles in the fraud. The court also sentenced defendants Cyril Willson, 40, of Ralston, Nebraska, a former consultant for USPlabs, and Matthew Hebert, 42, of Dallas, a co-owner of the company, to 18 months’ and 15 months’ imprisonment, respectively. In addition, USPlabs was ordered to pay $4.7 million in criminal forfeiture.
The case was investigated by Special Agent Chad Medaris of the FDA’s Office of Criminal Investigations and Special Agent Larissa Wilson of the IRS-Criminal Investigation. The case was prosecuted by Trial Attorneys David Sullivan, Patrick Runkle, and Raquel Toledo with the Consumer Protection Branch of the Department of Justice’s Civil Division, and Assistant U.S. Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Texas, visit its website at https://www.justice.gov/usao-ndtx.
West Texas Kidnapper Pleads Guilty to Abducting 9-Year-Old GirlRead the Press Release
A west Texas man pleaded guilty today to abducting a 9-year-old girl from a birthday party, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Damien Dre Gonzales, 27, of Levelland, Texas pleaded guilty Wednesday morning to one count of kidnapping before Magistrate Judge D. Gordon Bryant, Jr.
“No child should ever have to endure the terror of being abducted,” said Acting U.S. Attorney Prerak Shah. “I am thankful for the rapid response of law enforcement to rescue this child and ensure that this defendant will never again victimize children.”
“The FBI and our law enforcement partners are determined to keep the children in our communities safe from danger,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We will continue working together to hold child predators accountable for their crimes.”
According to plea papers, Mr. Gonzales admitted to abducting a 9-year old girl at a birthday party in Levelland, Texas to engage in illicit sexual intercourse.
During the birthday party in August, a woman began choking and most of the attendees went to assist with her sudden health emergency. While the minor’s father was attending to the woman, Mr. Gonzales lured the 9-year-old away by asking for help carrying alcohol to his vehicle. Mr. Gonzales encouraged the girl to get inside the vehicle and then he drove away.
The girl’s disappearance set off a frantic search by her family and those at the birthday party. They notified law enforcement and replayed home surveillance footage that showed the 9-year-old leaving with Mr. Gonzales.
About that same time, the Levelland Police Department received a report of a vehicle parked in the middle of the street several miles from the location of the birthday party. Mr. Gonzales hit a residential mailbox and stopped in the road. While in the car, Mr. Gonzales sexually assaulted the girl by removing her clothes and touching her.
When law enforcement arrived on the scene to investigate the parked car, they discovered the girl inside. Officers noticed that Mr. Gonzales’ jeans were unzipped, and his belt was unbuckled. Inside Mr. Gonzales’ car was an open box of condoms sitting in the passenger seat and one condom was missing from the box.
Mr. Gonzales faces a mandatory minimum of 20 years in federal prison and up to life behind bars.
The victim was immediately reunited with her parents and provided psychological and medical support.
The FBI Lubbock Resident Agency, Levelland Police Department, and Hockley County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Callie Woolam is prosecuting the case.
Eight Charged in Identity Theft RingRead the Press Release
Eight individuals have been charged with running a complex identity theft ring, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
A federal grand jury indicted Samson Kidane Asres (47, of Dallas), Brandon Michael Bay (34, of Dallas), Stephen Robert Adams (59, of Dallas), Todd Stuart Breitling (57, of Dallas), Christopher William Feil (40, of Garland), William Ernest Hartshorn (43, of Richardson), Breanna Wellborn (38, of Garland), and Jeffrey Wilcox (46, of Dallas) on identity theft crimes in December. Thier court documents were unsealed today.
The lead defendant, Mr. Asres, was arrested in late January and faces one count of conspiracy to commit identity theft, six counts of aid and abetting fraud in connection with identification documents, and aggravated identity theft.
According to the indictment, Mr. Asres allegedly obtained or purchased personally identifying information and then gained access to credit report information of victims from credit agencies.
Using the victims’ personal information, Mr. Asres allegedly paid coconspirators an agreed sum of money to purchase cell phones and other high-end items. He would then sell the items and use the proceeds to continue to fund his unlawful scheme.
The purchasers were provided with a fraudulent Texas driver license which included the image of the coconspirator but the personal identifying information of an unknowing victim. Purchasers were also given false utility bills and other pertinent information from the victims’ credit report that would enable them to answer security questions on the credit check to qualify for large lines of credit at retail stores.
The coconspirators would allegedly then visit retail stores to purchase to cell phones, cell phone accessories, wireless speakers, watches, clothing, and other items. The coconspirators were able to use the false identification and victim’s identifying information to qualify for lines of credit and purchase items with a nominal down payment.
The conspiracy caused the loss of approximately $500,000.
An indictment is merely an allegation of criminal conduct, not evidence. All defendants are presumed innocent until proven guilty. If convicted, Mr. Asres faces up to 47 years in federal prison. Codefendants each face sentences ranging from 5 to 45 years.
This case was investigated by the Euless PD and the United States Postal Inspection Service with the assistance of the Department Of Public Safety CID, United States Secret Service, Tarrant County District Attorney’s Office, Rowlett PD, North Richland Hills PD, Carrollton PD, Richardson PD, Coppell PD, Plano PD, Allen PD, Frisco PD, The Colony PD, Sherman PD, Dallas PD, Fort Worth PD, Hurst PD, Colleyville PD, Terrell PD, Burleson PD, Little Elm PD, Johnson County Sherriff’ Office, Wise County Sheriff’s Office, and Texas Attorney General’s Office Fugitive Unit. A special thanks to industry partners including Sprint, T-Mobile, AT&T, Verizon, Nebraska Furniture Mart, Kohl’s, 7-11, Neiman Marcus, Ulta, Zale’s, and UHaul.
Assistant U.S. Attorneys Nicole Dana and Kenneth Coffin are prosecuting the case.
NDTX Round-Up: February 5 – 11Read the Press Release
GUILTY PLEA – EFREN BAUTISTA VARGAS
On February 9, Efren Bautista Vargas, 40, plead guilty to conspiracy to possess with the intent to distribute a controlled substance. In February 2020, DEA Agents began investigating a drug distribution and money laundering organization operating in Dallas and in Mexico. Agents learned that Vargas and other coconspirators were going to conduct a multiple kilogram transaction of methamphetamine. Based on the investigation, agents executed a search of Vargas’ apartment and seized a handgun, $23,640 in U.S. currency, and 209 pounds of methamphetamine. Vargas faces up to life in federal prison for his crimes. This case was investigated by the North Texas OCDETF Strike Force. Assistant U.S. Attorney Myria Boehm is prosecuting the case.
SENTENCING – GARY LYN BLACK aka “Godsmack”
On February 9, Gary Lyn Black, 62, was sentenced to 20 years in federal prison for possession with the intent to distribute a controlled substance. Black utilized his residence as a drug-involved premises for the purpose of distributing methamphetamine. Johnson County STOP Task Force executed a search warrant at the residence and seized 1.29 kilograms of methamphetamine, marijuana, pills, and a drug ledger. Black was also in possession of a shotgun and $9,735 which were proceeds from his drug trafficking. This case was investigated by the Johnson County STOP Task Force. Assistant U.S. Attorney Rebekah Ricketts prosecuted the case.
SENTENCING – AMIE DAWN SANMIGUEL
On February 9, Amie Dawn Sanmiguel, 47, was sentenced to 70 months in federal prison for possession with intent to distribute a controlled substance. On April 30, 2019, Sanmiguel distributed 55 grams methamphetamine to another individual. On another occasion, she distributed approximately 51 grams of methamphetamine to another individual. This case was investigated by the Texas Department of Public Safety and the Dallas Police Department. Assistant U.S. Attorney P.J. Meitl prosecuted the case.
GUILTY PLEA – MARKEITH NINIKO CONWAY
On February 2, Markeith Niniko Conway, 30, plead guilty to possession of a controlled substance with intent to distribute. In July 2019, law enforcement executed a search warrant at a residence where Conway lived. Conaway was eating and fled to the back of the residence. During the search, law enforcement located approximately 44 small baggies of cocaine and two firearms. Conway faces up to 20 years in federal prison for his crimes. This case was investigated by the Texas Department of Public Safety Criminal Investigations Division. Assistant U.S. Attorney George Leal is prosecuting the case.
Perryton Police Officer Charged with Transporting Child PornographyRead the Press Release
A Perryton, Texas Police Officer has been charged with uploading and sharing sexually explicit images of children on the internet, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Aaron B. Daugherty, 35, an officer with the Perryton Police Department, was charged via criminal complaint with transportation of child pornography. Mr. Daugherty was arrested at his residence on Tuesday morning, and made his initial appearance in federal court today.
“Mr. Daugherty’s alleged conduct not only victimized children, it shattered the public’s trust given to him as a police officer,” said Acting U.S. Attorney Prerak Shah. “The Department of Justice will not tolerate anyone who uses the internet to prey on children for sexual gratification.”
“Law enforcement officers are held to the highest standards,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “Instead of protecting our most vulnerable population this defendant exploited them by allegedly viewing, uploading and sharing child pornography. We will continue to work with our partners to serve justice for these innocent victims.”
According the complaint, Mr. Daugherty allegedly used Kik, a messaging app popular among teenagers, to upload and share explicit images and videos of child pornography.
Law enforcement initiated an investigation of a Kik user, later identified as Mr. Daugherty, who was in a chat group sharing multiple images and videos of child pornography. The videos and images allegedly depicted children as young as toddlers and infants engaged in sexually explicit conduct. In one instance, while in a Kik chat group on June 22 at approximately 6:37 am, Mr. Daugherty stated, “I’m here to look at CP, everybody . . . Go on with the CP content!”
Federal agents requested the subscriber data for Mr. Daugherty’s alleged Kik account. Kik provided the account information including the IP address. Agents subsequently subpoenaed the subscriber information associated with the uploads and traced it back to Mr. Daugherty.
A search of Mr. Daugherty’s residence revealed a cell phone with Kik installed. Under questioning, Mr. Daugherty allegedly acknowledged he was the sole owner of the Kik account, which he said he used to view, upload, and share child pornography.
A complaint is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Daugherty is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison.
The FBI Dallas Field Office – Amarillo Resident Agency, the Texas Rangers, and the Winnebago County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Joshua Frausto is prosecuting the case.
Financial Analyst Charged with $1.4 Million Fraud Against Small Business AssociationRead the Press Release
A former financial analyst has been charged with defrauding the North Texas Business Alliance (NTBA) out of more than $1.4 million in rebate funds, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Last week, a federal grand jury charged Tammy Walden Thomas, 60, with nine counts of wire fraud. Ms. Thomas made her initial appearance before U.S. Magistrate Judge Irma Carrillo Ramirez on Monday.
According to the indictment, from March 2016 through October 2019, Ms. Thomas served as a financial analyst for NTBA, a cooperative association of hundreds of North Texas convenience stores and gasoline station owners that negotiated discounts with multinational food and beverage companies on behalf of its members.
As a financial analyst, Ms. Thomas was charged with passing these discounts, as rebates, on to NTBA members via automatic clearinghouse transfers. However, she allegedly misdirected more than $1.4 million in rebate funds into her own bank accounts, lying to NTBA’s executives and accountants in the process.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Ms. Thomas is presumed innocent until proven guilty in a court of law.
If convicted, she faces up to 20 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field office conducted the investigation. Assistant U.S. Attorney Fabio Leonardi is prosecuting the case.
Alleged White Nationalist Charged with Gun CrimeRead the Press Release
An alleged white nationalist apparently intent on killing members of the Jewish faith has been charged with a federal firearm offense, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Christian Michael Mackey, 20, was charged via criminal complaint with unlawful sale of a firearm. FBI agents arrested him at a parking lot near his home in Grand Prairie Friday evening. He made his initial appearance in federal court before U.S. Magistrate Judge Irma Carrillo Ramirez Monday. A detention hearing has been set for 1 p.m. Wednesday.
“The Department of Justice is committed to enforcing our nation’s gun laws, which are designed to keep firearms out of the hands of dangerous individuals. This defendant’s indiscriminate sale of an AM-15 to a convicted felon could have put lives at risk, had the buyer not turned the gun over to the FBI,” said Acting U.S. Attorney Prerak Shah. “Although adherence to a repugnant ideology is not a crime in and of itself, unlawful sale is – and we are determined to hold Mr. Mackey accountable.”
“The FBI’s investigative focus is on criminal activity, regardless of group affiliation,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno, “Mr. Mackey’s disregard for the law as he is alleged to have knowingly sold a firearm to a felon could have put lives at risk. We are proud to work with our law enforcement partners to provide protection for our communities.”
According to the complaint, Mr. Mackey regularly posted in online chats organized by the Iron Youth, a Neo-Nazi white nationalist group dedicated to national socialism, militancy, and political terror. The group espouses “siege” ideology – using a series of anti-government terrorist attacks to instigate a race war.
On Instagram, Mr. Mackey said he liked “control and killing,” called himself a “radical jew slayer,” and vowed he would “die attacking the sustem [sic].” He urged fellow group members to kill Jews and African Americans.
At a meeting with an undercover FBI agent in December, Mr. Mackey allegedly expressed interest in selling his rifle in order to purchase another firearm, and stated that another Iron Youth member had recommended a ghost-gun, a homemade pistol without a serial number. He later changed his mind, telling the agent he would prefer to purchase a traditional rifle.
At a subsequent meeting, the undercover agent offered to facilitate the sale of Mr. Mackey’s gun to another individual, who the undercover agent warned was a felon. Mr. Mackey allegedly told the agent he “could care less” who bought his gun.
On Jan. 29, Mr. Mackey sold his AM-15 to a paid FBI source with multiple felony convictions.
At the undercover agent’s direction, the pair met at a gas station in Grand Prairie, then drove to an adjacent parking lot, where the source purchased the weapon for $800. Mr. Mackey asked if the source was “based” (a term used to indicate an embrace of white supremacist ideology) then indicated that he’d heard the source was a felon, but didn’t care.
Immediately following the sale, the AM-15 was taken into FBI custody.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Mackey is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 10 years in federal prison. If convicted, as a felon, he would be permanently barred from possessing a firearm.
The Federal Bureau of Investigation – Dallas’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Nicole Dana and Nicole Hammond are prosecuting the case.
Serbian Man Extradited to U.S., Charged with $70 Million Fraud in North TexasRead the Press Release
A Serbian man has been extradited from Serbia to the United States to face allegations that he and others duped investors out of more than $70 million, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Serbian authorities arrested Antonije Stojilkovic, 32, pursuant to a U.S. provisional arrest request on July 24, 2020 in Belgrade. Stojilkovic subsequently consented to extradition. On Feb. 4, 2021, the FBI completed the removal of Stojilkovic from Serbia to the Northern District of Texas.
Mr. Stojilkovic and more than a dozen other alleged fraudsters were indicted by a Dallas-based federal grand jury on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering in July 2020. His coconspirators include Kristijan Krstic, Xenia Faye Atilano Krstic, Marko Pavlovic, Uros Selakovic, and Nenad Krstic, all arrested during the Serbian police operation in July. One U.S. based coconspirator, Haojia Miao, was arrested in California in October 2020.
“This $70 million scam spanned several continents, targeting American citizens and foreigners alike,” said Acting U.S. Attorney Prerak Shah. “We are proud to bring Mr. Stojilkovic to Dallas to face justice in an American courtroom. The U.S. Department of Justice will not relent in our fight against cybercrime.”
“Mr. Stojilkovic and his partners are charged with executing a global con that allegedly bilked investors out of millions of dollars,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “The FBI is uniquely equipped to work with our offices and law enforcement partners worldwide to investigate and dismantle these elaborate schemes. Whether investing with cash or virtual currency, investors should exercise due diligence and report suspicious activity to the authorities.”
According to the indictment, the defendants allegedly helped create and market more than 20 fraudulent investing platforms, including Options Rider, Bancde Options, Start Options, Dragon Mining, BTC Mining Factor, and Trinity Mining.
From their home bases in China, Serbia, and elsewhere, the defendants allegedly targeted investors around the globe – including several in north Texas – soliciting “investments” in binary options and cryptocurrency mining.
Online, they billed their binary options platforms as “the world’s market leader in binary options,” boasted an average payout of 80 percent, and promised 20 percent refunds on every lost trade. On the cryptocurrency mining platforms, meanwhile, they claimed investors could “purchase bitcoin at half market price!!” due to a “24-7 mining” at facilities “worldwide.”
The defendants concocted profiles – complete with names and photographs, mostly female – for these non-existent investing companies’ officers and chair people, and even used fake names during video conference calls in order to convince potential investors the company was legitimate.
After instructing investors to wire money through an international bank account, the defendants allegedly provided logins for a bogus online investment portal, which consistently showed positive returns on investments. They allegedly fabricated trading activity, withdrawal history, and wire receipts. In actuality, no actual trading had occurred and the so-called “investment” money was used to cover defendants’ personal expenses, to pay commissions, and to further the scheme.
Overall, the conspiracy allegedly duped investors worldwide out of more than $70 million.
An indictment is merely an allegation of criminal conduct, not evidence. Defendants are innocent unless and until proven guilty in a court of law.
If convicted, Mr. Stojilkovic and his codefendants face up to 20 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. The United States acknowledges and expressed appreciation for the cooperation of the Government of Serbia. The Justice Department’s Office of International Affairs provided valuable assistance in this matter. Assistant U.S. Attorney Sid Mody is prosecuting the case.
NDTX Round-Up: January 29 – February 4Read the Press Release
SENTENCING – BRANDON DOUGLAS DURGIN
On January 29, Brandon Douglas Durgin, 24, was sentenced to 51 months in federal prison for possession of a firearm by a felon. According to a criminal complaint, in July 2020, Arlington Police Department initiated an investigation for a stolen sport utility vehicle. According to the victim, Durgin had taken the SUV without permission along with a 9mm caliber pistol. APD tracked and relayed the location of the vehicle to the Fort Worth Police Department. Officers found the stolen SUV in a parking lot with Durgin seated in the driver’s seat. FWPD officers removed Durgin from the driver’s seat, and placed handcuffs on him. At that time, Durgin told the officers that he had a handgun in his front waistband. When Durgin was placed in the back of the patrol unit, he advised law enforcement that he is a convicted felon. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance of the Arlington Police Department and the Fort Worth Police Department. Assistant U.S. Attorney Mark Nichols prosecuted the case.
GUILTY PLEA – BERTHA GARAY
On February 2, Bertha Garay, 47, plead guilty to theft of government funds. Beginning in 2007, Garay had in her care the child of a deceased parent. She received mother with child in care benefits through the Social Security Administration. In 2013, the child left Garay’s care and she knowingly failed to disclose the change to Social Security Administration. Garay admits that from June 2013 to September 2015, she defrauded the Social Security Administration of approximately $40,000. Garay faces up to 10 years in federal prison for her crimes. This case was investigated by the Social Security Administration. Assistant U.S. Attorney Fabio Leonardi is prosecuting the case.
SENTENCING – RODNEY DISMUKE
On February 4, Rodney Dismuke, 29, was sentenced to 54 months in federal prison for conspiracy to possess with intent to distribute a controlled substance. Dismuke and co-conspirators operated a Dallas apartment as a drug trafficking location. On more than one occasion, Dismuke sold cocaine to a confidential source at the apartment. Additionally, Dismuke was in possession of a firearm which he utilized to further his drug trafficking purposes. This case was investigated by the FBI and the Dallas Police Department.
SENTENCING – GUILLERMO ZARCO VILLASENOR
On February 4, Guillermo Zarco Villasenor, 28, was sentenced to 150 months in federal prison for possession with intent to distribute a controlled substance. According to a complaint, a confidential source provided an address to Villasenor under the guise that it belonged to a potential new client in the Dallas area that wanted to establish a relationship with a drug trafficking network. On April 30, 2018, Villasenor had 443 grams of methamphetamine shipped to a location in Addison, Texas to be sold for approximately $6,000. This case was investigated by the FBI. Assistant U.S. Attorney P.J. Meitl prosecuted the case.
High School Ex-Coach Sentenced for Stalking Teenage StudentRead the Press Release
A former high school track coach has been sentenced to more than 10 years in federal prison for stalking a student and possessing child pornography, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Rickey Badley, a 45-year-old former Timber Creek High School teacher and coach, was indicted in September 2020, making him the first defendant prosecuted for stalking in the Northern District of Texas. In October 2020, he pleaded guilty to one count of stalking and one count of possession of child pornography. He was sentenced today by U.S. District Judge Reed O’Connor to 131 months in federal prison.
According to court documents, Mr. Badley admitted that he stalked a 16-year-old student, calling her his “new favorite” and “little girl” and circulating false and vulgar messages about her to her family and friends.
He admitted that from December 2019 to April 2020, he anonymously mailed the victim, her parents, and her classmates numerous letters detailing fabricated sexual encounters between the victim and her teenage boyfriend. He also attempted to anonymously mail out 13 copies of a graphic haiku, which was intercepted by law enforcement before it reached addressees.
The defendant further admitted he sent the victim’s parents an anonymous letter demanding she produce two TikTock videos with sexual undertones. The letter threatened to release false and disparaging information about the victim if the videos were not posted by a certain time.
Mr. Badley was asked by the school to submit his resignation in January 2020, when administrators became aware of his conduct. That same month, the victim’s mother observed Mr. Badley driving by the family home. Six months later, in June 2020, the victim noticed Bradley pulling into a parking spot at her private athletic practice before speeding away.
The ensuing investigation into Mr. Badley uncovered pornographic images of a toddler stored on his laptop. In court documents, Mr. Badley admitted he knew the images depicted actual minors engaged in sexually explicit conduct.
The U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Nancy Larson prosecuted the case.
Yassein Said Found Guilty of Concealing‘10 Most Wanted’ Suspect Yaser Said from ArrestRead the Press Release
A federal jury has found the brother of capital murder suspect Yaser Said guilty of helping the “10 Most Wanted” suspect evade capture for more than 12 years, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
After four hours of deliberation, the jury on Thursday found Yassein Abdulfatah Said, Yaser Said’s 59-year-old brother, guilty on all counts: one count of conspiracy to conceal a person from arrest, one count of concealing a person from arrest, and one count of conspiracy to obstruct an official proceeding.
His coconspirator, his 32-year-old nephew Islam Said, pleaded guilty to the same charges prior to trial.
“Yassein Said provided cover for his brother, an accused murder, for years, diverting significant law enforcement resources and delaying justice for his nieces. The Northern District of Texas is proud to bring Mr. Said to justice. We hope the verdict brings a measure of comfort for those who loved Sarah and Amina,” said Acting U.S. Attorney Prerak Shah.
“Yassein Said protected his brother and accused murderer, Yaser Said, by providing aid and comfort to him while he was a fugitive. By taking the law into his own hands, Yassein Said delayed justice for the victims, Amina and Sarah, and their family,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno.
According to evidence presented at trial, Yassein Said sheltered his brother from arrest in an attempt to subvert the administration of justice.
Yaser Said had been a fugitive from justice since New Year’s Day 2008, when he allegedly murdered his teenage daughters, Amina and Sarah. According to law enforcement, he shot the girls to death inside his taxicab and abandoned their bodies inside the vehicle. He was captured by the FBI’s Violent Crimes Task Force in August 2020, and is currently in state custody.
Conspiring with his nephew, Yaser’s son Islam, Yassein Said helped harbor Yaser inside an apartment in Bedford, Texas, where a maintenance worker spotted Yaser on Aug. 14, 2017.
He later harbored his brother inside a home in Justin, Texas. On Aug. 25, 2020 FBI agents observed Mr. Said and his nephew deliver grocery bags to the residence, then followed the men to a shopping center 20 miles away, were they dumped trash retrieved from the home.
Both Yassein and Islam now face up to 30 years in federal prison. Sentencing has been set for June 4.
The Federal Bureau of Investigation’s Dallas Field Division and the Irving Police Department conducted the investigation with the assistance of U.S. Customs & Border Patrol, the Dallas Police Department, the Garland Police department, the Grand Prairie Police Department, and the Texas Department of Public Safety. Assistant U.S. Attorneys Tiffany H. Eggers and Errin Martin are prosecuting the case with counsel from appellate Assistant U.S. Attorney Jonathan Bradshaw. U.S. District Judge Reed C. O’Connor presided over the trial in Fort Worth.
Roommates Sentenced to Combined 31 Years in Federal Prison for Drug CrimesRead the Press Release
Two roommates have been sentenced to a combined 31 years in federal prison for drug crimes, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Ramon Mendoza-Villegas, 45, and Daniel Sanchez-Mendoza, 28, were indicted in February 2019. Mr. Mendoza-Villegas pleaded guilty in January 2020 to possession with intent to distribute methamphetamine and was sentenced in December 2020 to 240 months in federal prison. Mr. Sanchez-Mendoza pleaded guilty in January 2020 to possession with intent to distribute methamphetamine and was sentenced today to 135 months in federal prison.
According to plea papers, during a traffic stop in January 2019, Dallas Police Department officers discovered methamphetamine and heroin in a truck occupied by Mr. Mendoza-Villegas and Mr. Sanchez-Mendoza.
During a subsequent search of the pair’s apartment on Brockbank Drive, law enforcement found and seized heroin, methamphetamine and cocaine, and three semi-automatic handguns, including one that was loaded.
Inside a storage unit used by the pair, law enforcement found and seized methamphetamine, heroin, a shotgun, and an assault rifle. (According to a complaint, the drugs were located in the back seat of a stolen vehicle parked inside the storage unit.)
In total, law enforcement seized almost 6,000 grams of meth and more than 2,500 grams of heroin.
The Drug Enforcement Administration's Dallas Field Division and the Dallas Police Department conducted the investigation with the assistance of the U.S. Marshals Service and Homeland Security Investigations. Assistant U.S. Attorney Linda Requénez prosecuted the case. The men were sentenced by Chief U.S. District Judge Barbara M.G. Lynn.
North Texas Child Predator Sentenced to 50 Years in PrisonRead the Press Release
An Arlington, Texas man was sentenced to 50 years in federal prison for the exploitation of children and related child pornography crimes, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Terry Ray Carter, 34, pleaded guilty in September to sexual exploitation of children and transportation of child pornography. He was sentenced Friday before U.S. District Judge Reed C. O'Connor.
“This sentence sends a clear message to those who seek to victimize children,” said Acting U.S. Attorney Prerak Shah. “The Department of Justice will use every tool available to remove predators from the street or internet, and put them behind bars.”
“The FBI will continue working with our partners to apprehend and hold child predators accountable for their actions,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We ask the public to alert us and local law enforcement if they suspect anyone is a victim of child exploitation.”
In June 2020, the FBI Kansas Field Office served a federal search warrant in Kansas City, Kansas for an individual who was allegedly involved in child pornography crimes. The subject of the investigation identified another individual he was chatting with on social media who was believed to be engaged in the production of child pornography.
Based on this tip, authorities began investigating Mr. Carter and established an undercover social media profile, according to court documents. Using the screenname “alucard83,” Mr. Carter exchanged messages with an undercover officer. During communications, Mr. Carter acknowledged committing sexual acts with a minor and sent the undercover officer images and videos of child pornography.
A federal search warrant for Mr. Carter’s residence in Arlington, Texas, was executed in July 2020. When agents arrived, Mr. Carter agreed to be interviewed. During the interview, Mr. Carter confirmed that he sent and received child pornography through a social media application. He also confessed to producing multiple child pornography images and videos using his cell phone at his Arlington, Texas home.
The FBI Dallas Field Office conducted the investigation. Assistant U.S. Attorney A. Saleem prosecuted the case.
This case was brought as part of Project Safe Childhood, a Justice Department initiative designed to combat the growing epidemic of child sexual exploitation and abuse nationwide. The initiative brings together 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.
Denton Man Sentenced for Trafficking 17-Year-Old GirlRead the Press Release
A Denton man has been sentenced to 15 years in federal prison for child sex trafficking, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
In September 2020, a federal jury returned a guilty verdict against William Adam Jonathan Smith, convicting him of one count of conspiracy to commit sex trafficking of a minor and one count of sex trafficking of a minor. He was sentenced today before U.S. District Judge Reed C. O’Connor.
According to evidence presented during his trial, Mr. Smith, 31, met and befriended the 17-year-old victim in the summer of 2019. He introduced her to Charity Cantu, his longtime girlfriend, who worked for him as a prostitute. Mr. Smith told Ms. Cantu that she was to groom and train the victim too make money for him providing commercial sex services.
From August thru October 2019, the victim accompanied Ms. Cantu to hotels in the Dallas and Fort Worth areas and engaged in commercial sex acts. All of the proceeds from the commercial sex acts performed by the victim were given to Mr. Smith.
Ms. Cantu, 25, pleaded guilty in March 2020 to a racketeering charge. In court documents, she admitted that although she knew the victim was a minor, Ms. Cantu groomed the girl for commercial sex and posted ads for her sexual services online. She testified at Mr. Smith’s trial and was sentenced in October 2020 to two years in federal prison.
The Texas Attorney General’s Office and Homeland Security Investigations conducted the investigation with the assistance of the Denton Police Department. Assistant U.S. Attorneys Doug Allen and Brandie Wade tried the case.
NDTX Round-Up: January 22-28Read the Press Release
GUILTY PLEA – KALYA EVETTE ODOM
On January 21, Kayla Evette Odom, 46, plead guilty to wire fraud. Odom is the former director of human resources for a business in the Northern District of Texas. As part of her duties, Odom was responsible for reviewing and approving invoices for human resources services. Odom set up a human resources vendor business, owned and controlled by herself, in her company’s accounts payable system. She created and submitted approximately 38 fraudulent invoices for various human resources services. Odom faces up to 20 years in federal prison for her crimes. This case was investigated by the FBI. Assistant U.S. Attorney Renee Hunter is prosecuting the case.
GUILTY PLEA – LUIS HUMBERTO RODRIGUEZ
On January 26, Luis Humberto Rodriguez, 28, plead guilty to production of child pornography and transportation of child pornography. HSI executed a search warrant at a residence in Olympia, Washington in connection to the distribution of child pornography. During analysis of the seized devices, law enforcement uncovered a social media account linked to Rodriguez in which he shared child pornography. Based on this information, HSI agents executed a search warrant at Rodriguez’s Dallas home. Rodriguez advised agents that he was in possession of a 20 gigabytes of child pornography. He further admitted to sexually abusing a 7-year-old on multiple occasions. Rodriguez faces up to 50 years in federal prison for his crimes. This case was investigated by HSI. Assistant U.S. Attorney Camille Sparks is prosecuting the case.
GUILTY PLEA – TAMMY LOUISE CRAWFORD
On January 26, Tammy Louise Crawford, 51, plead guilty to possession with the intent to distribute a controlled substance. Crawford possessed methamphetamine at her residence in Dallas, Texas. For protecting her drug business, she also possessed eight firearms. Crawford faces up to 20 years in federal prison for her crimes. This case was investigated by the Texas Department of Public Safety and Dallas Police Department. Assistant U.S. Attorney P.J. Meitl is prosecuting the case.
GUILTY PLEA – ARMANDO RAMIREZ-HERNANDEZ
On January 26, Armando Ramirez-Hernandez, 27, plead guilty to distribution of a visual depiction of a minor engaged in sexually explicit conduct. Law enforcement executed a search warrant at Ramirez-Hernandez’s residence in Seagoville, Texas in relation to a child pornography investigation. A number of digital devices were seized inside the home including two cell phones and a computer. A forensic examination of the devices revealed the presence of social media chat communications. Ramirez-Hernandez admitted to transmitting several image files containing child pornography. At the time he distributed the child pornography, he also possessed 2,786 images and videos of child pornography. Ramirez-Hernandez faces up to 20 years in federal prison for his crimes. This case was investigated by HSI. Assistant U.S. Attorney Damien Diggs is prosecuting the case.
Man Charged for Bilking Employer Out of $1.6 MillionRead the Press Release
A Plano man has been charged with racking up $1.6 million dollars in personal expenses on company credit cards, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
On Tuesday, Steven Duety, 45, was indicted on one count of conspiracy to commit wire fraud and nine counts of wire fraud. He made his initial appearance before U.S. Magistrate Judge Rebecca Rutherford on Friday.
“It is unacceptable for an employee to steal from his employer,” said Acting U.S. Attorney Prerak Shah. “This defendant’s alleged abuse of his company credit card is wire fraud and the Northern District of Texas will not stand for this sort of misconduct.”
“Mr. Duety was in a position that required trust and integrity and his alleged actions abused his position,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The FBI will continue to work closely with our law enforcement partners to hold those who enrich themselves via fraudulent schemes accountable for their actions.”
According to the indictment, from 2015 to 2019, Mr. Duety oversaw fleet functions for Builders FirstSource, a publicly-traded construction products manufacturer. The company gave him access to several company credit cards, which he was supposed to use for fleet-related expenses, such as titling, renewing registration, etc.
Instead, Mr. Duety allegedly conspired with a relative, identified in court documents as “Person A,” to use the credit cards for personal expenses as well as inventory for their respective candle businesses, including “Steves The Man Candles.”
Mr. Duety frequently charged company credit cards for nonexistent transactions via Square or Intuit, causing the payment processors to remit money from Builders FirstSource straight into his or Person A’s bank account. He and his coconspirators sometimes characterized these transactions as “car repair” or “fundraiser,” when no such things had occurred.
Mr. Duety allegedly spent the money on cars, dining (including expensive steakhouses), first class airline tickets, luxury hotels, car rentals, furniture, Amazon charges, toys, groceries, landscaping, a Netflix subscription, laser tag, and trips to Hooters, as well as first class airline tickets and kitchen appliances for Person A.
“This is really a pain in the butt,” Person A wrote in an email to Mr. Duety on October 18, 2016. “My story is you bought 100 fundraiser candles in case they call you.”
An indictment is merely an allegation of criminal wrongdoing, not evidence. Like all defendants, Mr. Duety is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 200 years, 20 years per count, in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Andrew Wirmani is prosecuting the case.
Jury Convicts Inmate of Attacking BOP EmployeeRead the Press Release
A federal jury has convicted a prison inmate of attacking a Bureau of Prisons employee, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
After just over an hour of deliberations, a jury on Tuesday found 44-year-old William Lee Terrell guilty of assault of a federal officer resulting in bodily injury.
According to evidence presented at trial, Mr. Terrell was convicted in 2010 of bank robbery and ordered to serve his 235-month sentence at FCI Big Spring. On March 23, 2019, Mr. Terrell, who was on suicide watch, was placed under the observation of Human Resource Specialist Krista Coccozza.
As HR Specialist Coccozza attempted to retrieve trash from a meal he had just eaten, Mr. Terrell reached through the food slot in the door, grabbing Specialist Coccozza. He struggled with her, attempting to free the keys to the cell attached to her belt.
Additional guards responded to Coccozza’s calls for help and they were able to eventually free the keys from Terrell and secure his cell.
Specialist Coccozza suffered a bruised lung, bruised ribs, sprained wrist, sprained elbow, sprained fingers, skin abrasions, pain, and redness on her body, and was unable to return to work for a period of time due to her injuries.
Mr. Terrell now faces up to 20 additional years in federal prison. His sentencing hearing has been set for April 29.
The Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorneys Callie Woolam and Stephen Rancourt are prosecuting the case. U.S. District Judge James Wesley Hendrix presided over the trial.
Man Charged with Trafficking 14-Year-Old out of DallasRead the Press Release
A Dallas man has been charged with trafficking a 14-year-old child who was recovered at a local hotel, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Anthony Lennell Acy, 33, was charged via criminal complaint with one count of child sex trafficking on Wednesday. He made his initial appearance before U.S. Magistrate Judge Rebecca Rutherford on Wednesday.
“Child sex trafficking is one of the most vile crimes we see in north Texas. This defendant allegedly used and abused a middle-school-aged child for monetary gain,” said Acting U.S. Attorney Prerak Shah. “We are thankful that the North Texas Trafficking Task Force was able to not only apprehend the perpetrator, but also recover the victim and get her to safety.”
“Apprehending human traffickers that take advantage of our most vulnerable and rescuing those exploited will always be a top priority for HSI,” said Ryan L. Spradlin, special agent in charge HSI Dallas. “We will go to no end to combat the scourge that is human trafficking and the members of the North Texas Trafficking Task Force will never relent until every trafficker is behind bars and every victim is rescued.”
According to the criminal complaint, Mr. Acy allegedly trafficked at least two women, including a 14-year-old girl, out of a hotel off LBJ Freeway in Dallas.
The North Texas Trafficking Taskforce, led by Homeland Security Investigations (HSI), arrested Mr. Acy as he was leaving the hotel, where they also recovered the 14-year-old Jane Doe inside a room on the second floor. She was immediately transported to the Dallas Children's Advocacy Center.
Jane Doe later told investigators that Mr. Acy ordered her to engage in commercial sex, forcing her to earn $1,000 a day, with all proceeds turned over to him. She said Mr. Acy physically assaulted her on multiple occasions and deprived her of food and shelter.
Investigators reviewed online advertisements, allegedly posted by Mr. Acy, that featured pictures of Jane Doe and offered various sexual services.
He was on bond for a state trafficking charge filed by Travis County when he was arrested by the feds.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Acy is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to life in federal prison.
The North Texas Trafficking Task Force, led by Homeland Security Investigations, conducted the investigation, with assistance from the Texas Department of Public Safety, the Dallas County Sheriff’s Office, the Colleyville Police Department, and the Dallas County District Attorney’s Office. Assistant U.S. Attorney Rebekah Ricketts is prosecuting the case.
San Angelo Meth Trafficker Sentenced to More Than 17 Years in PrisonRead the Press Release
A San Angelo methamphetamine trafficker was sentenced to 210 months in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Michael Anthony Meza, 40, pleaded guilty in September to possession with the intent to distribute 50 grams or more of methamphetamine. He was sentenced last Friday before U.S. District Judge James Wesley Hendrix.
“This sentence spotlights the hard work and dedicated partnership between our local, state, and federal law enforcement agencies,” said Acting U.S. Attorney Prerak Shah. “We share the same mission of targeting and prosecuting drug traffickers who peddle poison into communities across Texas.”
“This lengthy sentence should send a direct message to anyone engaged in drug trafficking or is contemplating it with dreams of instant wealth and power,” said Ryan L. Spradlin, Special Agent in Charge HSI Dallas. “You will always have to look over your shoulder because HSI will never relent and will use every resource available to turn those dreams into a nightmare.”
According to court documents, a deputy with the Tom Green County Sheriff’s Office observed a vehicle traveling over the speed limit and conducted a routine traffic stop.
Mr. Meza was identified by law enforcement as the driver of the vehicle. During law enforcement’s initial contact with Mr. Meza, a deputy observed indicators that led him to believe that Mr. Meza was involved in criminal activity.
A narcotic detecting canine was dispatched to the location. When the canine arrived, it conducted a free-air sniff of Mr. Meza’s vehicle which alerted law enforcement of drugs emitting from inside the car.
Deputies searched Mr. Meza’s vehicle and seized five pistols located throughout the car. A further search of the vehicle resulted in the seizure of more than 500 grams of methamphetamine, approximately 100 grams of heroin, 22 grams of cocaine, and 19 grams of marijuana.
Homeland Security Investigations, Tom Green County Sheriff’s Office, and the Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorney Juanita Fielden prosecuted the case.
NDTX Round-Up: January 15-21Read the Press Release
GUILTY PLEA – JOHN THOMAS RUTLEDGE
On January 19, John Thomas Rutledge, 55, plead guilty to three counts of bank robbery. During September and October of 2019, Rutledge robbed three banks in Dallas including: Legacy Texas Bank, Oakwood Bank, and Bank of America. During the commission of the robberies, Rutledge stole more than $17,000 in cash from the banks. Rutledge faces up to 20 years in federal prison for his crimes. This case was investigated by the FBI. Assistant U.S. Attorney Shane Read is prosecuting this case.
GUILTY PLEA – JOHN SANJIV MURGAI
On January 21, John Sanjiv Murgai, 54, pleaded guilty to conspiracy to commit health care fraud. Murgai owned a company that provided mobile x-ray services primarily in Lubbock, Texas. Murgai admitted that he agreed with an individual to fraudulently submit claims to Medicare and Medicaid for mobile x-ray claims under his provider number, falsely representing that he performed the services rather than “Company A,” an entity owned by a co-conspirator. Murgai admitted that he and a co-conspirator agreed that Murgai would keep 5% of the payments received from Medicare and Medicaid for the false claims associated with the services and transfer the remaining 95% to the co-conspirator. Murgai admits that he knew that the “Company A” was not an approved provider for Medicare or Medicaid. Murgai faces up to 5 years in federal prison for his crimes. This case was investigated by the FBI and Texas Attorney General’s Office, Medicaid Fraud Control Unit. Assistant U.S. Attorney Douglas Brasher is prosecuting the case.
SENTENCING – ASHLEY SILVER WOOD
On January 21, Ashley Silver Wood, 64, was sentenced to 30 months in federal prison for possession of a firearm by a convicted felon. Wood conspired with others to distribute methamphetamine. Agents executed a lawful search warrant at a residence she shared with a co-conspirator. While executing the search warrant, agents seized a 12-gauge shotgun. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Texas DPS. Assistant U.S. Attorney George Leal prosecuted the case.
SENTENCING – CHARLES AUBREY HURT a.k.a. BUBBA
On January 21, Charles Aubrey Hurt, 64, was sentenced to 7 years in federal prison for possession of a firearm by a convicted felon. Hurt admitted that he engaged in a conspiracy to possess with the intent to distribute methamphetamine with two co-conspirators. During the course of the conspiracy, agents found Hurt inside a residence with methamphetamine, cocaine, and a .38 caliber pistol. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Texas DPS. Assistant U.S. Attorney George Leal prosecuted the case.
Alleged Murderer Charged with Federal Firearms OffenseRead the Press Release
The man charged by the state with the October 9, 2020 murder of James Faith has now been charged with federal firearm crimes, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Darrin Ruben Lopez, 48, was charged via criminal complaint Friday with transporting a firearm in interstate commerce with the intent to commit a felony offense. Mr. Lopez, currently in the custody of the Dixon County Sherriff’s Office in Tennessee on a Dallas County murder warrant, will make his initial appearance in federal court once he is extradited back to Dallas.
“This defendant allegedly gunned down an innocent man in broad daylight,” said Acting U.S. Attorney Prerak Shah. “I hope this case makes one thing crystal clear: If you carry a gun across state lines in order to commit violence, you will be subject to federal prosecution.”
“ATF is committed to working with its partners to go after evil amongst us. I am in awe of the meticulous police work performed here by homicide detectives at the Dallas Police Department. Mr. Lopez is alleged to have killed in cold blood. If not for law enforcement determination, he may still be walking the streets among us,” stated ATF Special Agent in Charge of the Dallas Division Jeffrey C. Boshek II.
According to the complaint, on October 8, Mr. Lopez allegedly drove with his .45 caliber handgun from his home in Cumberland Furnace, Tennessee to James Faith's home in Dallas, where Mr. Lopez allegedly laid in wait, then shot the victim seven times – three times in the head, three times in the chest, and one time in the groin – before fleeing the scene and returning home.
James Faith was walking his dog with his wife, Jennifer Faith, when he was murdered in the early morning hours of October 9.
A search of Ms. Faith’s cell phone revealed that she and Mr. Lopez had been engaged in what she described to a friend as a “full-blown emotional affair.”
Mr. Lopez’s cell records show the pair were in near constant contact, sending one another hundreds of text messages each day for several months, including in the weeks before and after the murder. However, the afternoon before the murder, the phones suddenly stopped communicating, and did not start communicating again until nine hours after James Faith was killed.
Witnesses to the murder told law enforcement that the shooter was driving a black Nissan Titan with a distinctive white “T” emblem on the left rear windshield.
Agents later observed a black Nissan Titan with a “T” emblem parked on Mr. Lopez’s property in Tennessee. They were also able to trace his route on October 8th and 9th from Tennessee to Texas through cell phone tower data, debit card transactions, Google precision location data, and surveillance video at truck stops.
During the execution of a search warrant on Jan. 11, ATF agents recovered what ballistic tests later proved to be the .45 caliber handgun used to kill James Faith inside Mr. Lopez’s Tennessee residence.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Lopez is presumed innocent until proven guilty in a court of law.
Ms. Faith has not been charged with a criminal offense.*
If convicted of the firearm offense, Mr. Lopez faces up to ten years in federal prison. (He also faces up to life in a state penitentiary on the Dallas County murder charge.)
The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division and the Dallas Police Department’s Homicide Unit conducted the investigation with the assistance of the Federal Bureau of Investigation’s Dallas Field Office and the Tennessee Bureau of Investigation’s Aviation Unit. Assistant U.S. Attorney Rick Calvert is prosecuting the case.
*UPDATE: Jennifer Faith was arrested at her home in Oak Cliff on Feb. 24, charged via criminal complaint with obstruction of justice. More information here.
ADT Technician Pleads Guilty to Hacking Home Security FootageRead the Press Release
A home security technician has pleaded guilty to repeatedly hacking into customers’ video feeds, announced Acting U.S. Attorney for the Northern District of Prerak Shah.
Telesforo Aviles, a 35-year-old former ADT employee, pleaded guilty to computer fraud on Thursday before Magistrate Judge David Horan.
“This defendant, entrusted with safeguarding customers’ homes, instead intruded on their most intimate moments,” said Acting U.S. Attorney Prerak Shah. “We are glad to hold him accountable for this disgusting betrayal of trust.”
“The defendant used his position of employment to illegally breach the privacy of numerous people. The FBI works with our law enforcement partners to thoroughly investigate all cyber intrusions and hold criminals accountable for their actions,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Cyber intrusions do not only affect businesses, but also members of the public. We encourage everyone to practice cyber hygiene with all their connected devices by reviewing authorized users and routinely changing passwords. If you become the victim of a cybercrime, please contact the FBI through ic3.gov or 1-800-CALL FBI.”
According to plea papers, Mr. Aviles admits that contrary to company policy, he routinely added his personal email address to customers’ “ADT Pulse” accounts, giving himself real-time access to the video feeds from their homes. In some instances, he claimed he needed to add himself temporarily in order to “test” the system; in other instances, he added himself without their knowledge.
Mr. Aviles took note of which homes had attractive women, then repeatedly logged into these customers’ accounts in order to view their footage for sexual gratification, he admits. Plea papers indicate he watched numerous videos of naked women and couples engaging in sexual activity inside their homes.
Over a four and a half year period, Mr. Aviles secretly accessed roughly 200 customer accounts more than 9,600 times without their consent, he admits.
Mr. Aviles, who waived indictment and was charged via an information, now faces up to five years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Sid Mody is prosecuting the case.
Islam Said Pleads Guilty to Concealing ‘10 Most Wanted’ Suspect Yaser Said from ArrestRead the Press Release
A 32-year-old Irving man has pleaded guilty to helping a capital murder suspect evade capture for more than 12 years, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Islam Yaser-Abdel Said, the son of FBI “10 Most Wanted” suspect Yaser Said, pleaded guilty Tuesday morning to one count of conspiracy to conceal a person from arrest, one count of concealing a person from arrest, and one count of conspiracy to obstruct an official proceeding. Mr. Said pleaded open to the charges against him, with no assurances from the government as to the sentence prosecutors would recommend to the judge.
“Islam Said prioritized the whims of his father, an alleged killer, over justice for his own sisters. Thanks to the dogged work of the FBI and its law enforcement partners, however, Mr. Said’s efforts were ultimately in vain,” said U.S. Attorney Prerak Shah. “We are grateful to the many agents and officers who worked to apprehend Mr. Said, along with his father and uncle. Sarah and Amina deserve justice.”
“Islam Said made it possible for his father, Yaser Said, to evade justice for the brutal murder of his daughters for more than a decade,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “Along with our partners, the FBI is thankful for the dedication and relentless pursuit that led to the capture of Amina and Sarah’s killer and those that provided him harbor.”
In plea papers, Mr. Said admitted to sheltering his father from arrest in an attempt to subvert the administration of justice.
The elder Mr. Said had been a fugitive from justice since New Year’s Day 2008, when he allegedly murdered his teenage daughters, Amina and Sarah. According to law enforcement, he shot the girls to death inside his taxicab and abandoned their bodies inside the vehicle. He was captured by the FBI’s Violent Crimes Task Force in August 2020, and is currently in state custody.
By pleading guilty, Islam Said admitted that the evidence proved he committed the crimes charged in the superseding indictment.
Mr. Said harbored his father, Yaser, inside an apartment in Bedford, Texas, where a maintenance worker spotted Yaser on Aug. 14, 2017. After the maintenance worker reported the sighting to the FBI, an agent was dispatched to interview Islam, but Islam refused to cooperate.
He later harbored his father inside a home in Justin, Texas that belonged to his cousin. On Aug. 25, 2020 FBI agents observed Mr. Said and his uncle deliver grocery bags to the residence, then followed the men to a shopping center 20 miles away, were they dumped trash retrieved from the home.
Islam Said now faces up to 30 years in federal prison. His is slated to be sentenced on April 30, 2021 at 9 a.m. by U.S. District Judge Reed O’Connor.
Islam’s uncle, Yassein Said, is set for trial on Feb. 1, 2021.
The Federal Bureau of Investigation’s Dallas Field Division and the Irving Police Department conducted the investigation with the assistance of U.S. Customs & Border Patrol, the Dallas Police Department, the Garland Police department, the Grand Prairie Police Department, and the Texas Department of Public Safety. Assistant U.S. Attorneys Tiffany H. Eggers and Errin Martin are prosecuting the case.
Amarillo Meth Trafficker Sentenced to 20 YearsRead the Press Release
An Amarillo methamphetamine trafficker was sentenced to 20 years in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Bennie Jerome Baca, 34, pleaded guilty in August 2020 to distribution of methamphetamine. Last Thursday, he was sentenced before U.S. District Judge Matthew J. Kacsmaryk.
“Mr. Baca and his co-conspirators ran a multi-state drug trafficking conspiracy that pumped large quantities of meth into communities all across Texas,” said Acting U.S. Attorney Prerak Shah. “This sentence demonstrates that the Department of Justice will use every weapon in its arsenal to stop meth from reaching our neighborhoods and harming our citizens.”
“Drug trafficking and the illegal activity associated with it continues to threaten the safety of the general public throughout our communities,” said Christopher Miller, Deputy Special Agent in Charge HSI Dallas. “One of our agency’s main priorities is to bring every resource we have at our disposal to keep individuals and criminal organizations that hinder public safety from profiting from its distribution. We remain committed to working with our state and federal law enforcement partners to keep illegal substances out of our communities and investigating those responsible.”
On October 8, 2019, a New Mexico State Police officer made a traffic stop of a car-hauler near Albuquerque, New Mexico. During the traffic stop, the police officer requested permission to search one of the cars on the hauler that lacked proper state registration. Law enforcement located approximately 21 bundles of methamphetamine concealed inside the vehicle. HSI agents determined that the driver of the car-hauler had no knowledge of the drugs and agreed to assist law enforcement.
On October 9, 2019, the driver delivered the vehicle to its original destination in Amarillo, Texas. The driver called a phone number of the intended recipient of the vehicle, later identified as Mr. Baca, and arranged to meet him at a truck stop to deliver the vehicle.
Mr. Baca and a co-conspirator took possession of the vehicle and drove to a residence in Amarillo. Shortly thereafter, Mr. Baca was arrested, and law enforcement seized $3,050 in his possession. Mr. Baca admitted to knowing that the vehicle was loaded with methamphetamine and that a co-conspirator was going to distribute it.
Rusty Dean Campbell was sentenced to more than 17 years in federal prison in June 2020 and Sergio Chris Reyes was sentenced to 20 years in federal prison in December 2020 for their roles in the methamphetamine trafficking conspiracy.
Homeland Security Investigations, Drug Enforcement Administration, New Mexico State Police, and Amarillo Police Department conducted the investigation. Assistant U.S. Attorney Joshua Frausto prosecuted this case.
NDTX Round-Up: January 8 - 14Read the Press Release
SENTENCING – KRIS LANDON GREENE
On January 8, Kris Landon Greene, 23, was sentenced to 10 years in federal prison for conspiracy to distribute a controlled substance and possession of a firearm by a user of a controlled substance. Greene admitted that members of Dallas-based criminal street gang known as “YNG Stretchgang” and himself distributed drugs, including crack cocaine, to customers in the Northern District. To help facilitate his drug sales, Greene possessed a .38 caliber handgun. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dallas Police Department. Assistant U.S. Attorney Rick Calvert prosecuted this case.
SENTENCING – DANIEL LEE COLLINS
On January 8, Daniel Lee Collins, 35, was sentenced to 5 years in federal prison for possession of child pornography. Collins had several email accounts which contained images and videos of child pornography. Collins accessed these accounts via his cell phone from different locations within the Northern District including his home in Tarrant County. These images of child pornography that Collins possessed depicted real minors including one prepubescent minor. This case was investigated by Homeland Security Investigations and Dallas Police Department. Assistant U.S. Attorney A. Saleem prosecuted this case.
SENTENCING – CHRISTOPHER REED FREED
On January 8, Christopher Reed Freed, 46, was sentenced to 5 years in prison and ordered to pay $244,029.68 in restitution for health care fraud. Freed operated an ambulance service provider located in the Northern District. Freed sought to obtain payment from Medicare for non-emergency ambulance services. As part of the scheme, Freed submitted 754 fraudulent claims to Medicare totaling approximately $664,640. These submitted claims were materially false in that they were for services that were not rendered by Freed. This case was investigated by Health and Human Services – OIG and the Texas OAG Medicaid Fraud Control Unit. Assistant U.S. Attorney Matthew Smid prosecuted this case.
GUILTY PLEA – GABRIEL MAROQUIN, JR.
On January 12, Gabriel Marroquin, Jr., 29, plead guilty to possession with intent to distribute a controlled substance. Marroquin was pulled over by law enforcement officers for a traffic violation. He consented to a search of his truck where officers found 5,959 grams of methamphetamine which he intended to distribute. Officers also located a .9mm handgun, cell phones, and $1,293 on his person. Maroquin faces up to 40 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney John Kull is prosecuting this case.
GUILTY PLEA – HENRY AGUSTIN MORENO
On January 12, Henry Agustin Moreno, 20, plead guilty to transporting or shipping child pornography. HSI received a tip from Kik that a user in the Dallas area was utilizing the messenger application to distribute child pornography. Agents obtained a search warrant of Moreno’s residence in Irving. Moreno admitted to agents that he downloaded several pornographic files depicting child pornography. He further admitted that he uploaded child pornography in exchange for other videos. This case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Joseph Magliolo is prosecuting this case.
Lubbock Dentist Charged with Child Pornography CrimesRead the Press Release
A Lubbock dentist has been charged with child pornography crimes, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Jason Paul White, 41, was charged via criminal complaint Wednesday with receipt and distribution of child pornography. He was arrested at his business in Lubbock on Thursday and made his initial appearance in federal court today before Magistrate Judge D. Gordon Bryant.
“The horrific nature of Mr. White’s crimes is only compounded by the fact that he leveraged his position of trust to target the most vulnerable,” said Acting U.S. Attorney Prerak Shah. “Our office will continue to hunt down and prosecute these despicable individuals who exploit minors for sexual gratification and use technology to further victimize our children.”
"It is the FBI's role to identify the child victims of individuals that choose to prey upon those who are unable to articulate abusive behavior,” said Dallas FBI Special Agent in Charge Matthew DeSarno. “We are proud to work with our partners from Lubbock Police Department to investigate these allegations of abuse and to provide appropriate access to victim services and support. If anyone has information about improper or unlawful activities by Mr. White or the production of child pornography they should contact the FBI or their local law enforcement agency."
In December 2020, the Lubbock Police Department received a tip from two parents that Mr. White had engaged in an inappropriate relationship with their minor children, a federal criminal complaint alleges.
According to the complaint, Mr. White allegedly provided adult sexual devices to three minor males. He requested videos and images of sexually explicit conduct from the minors via text messages and social media applications and received and distributed at least one image of child pornography.
In spring 2020, Mr. White allegedly showed a 13-year-old a video of himself engaged in sexual acts. Mr. White also contacted the 13-year-old by text message and social media to see if he enjoyed the adult sexual device that was given to him.
In summer 2020, Mr. White allegedly requested a nude photo from a 17-year-old minor male while at his house in Lubbock. The minor took a nude photo privately in a bedroom with his cell phone. Mr. White then took the minor’s cell phone and forwarded the image to himself and another individual.
At his ranch in Post, Texas, Mr. White allegedly coerced a 16-year-old minor into partially undressing and showed him a video of a juvenile engaged in sexual acts. Additionally, Mr. White requested videos of the minor using the adult sexual device that he gave the minor as repayment for the gift.
If convicted, Mr. White faces up to 20 years in federal prison.
The Lubbock Police Department Internet Crimes Against Children Task Force, the Federal Bureau of Investigation’s Lubbock Resident Agency, and Homeland Security Investigations Lubbock Resident Agency conducted the investigation. Assistant U.S. Attorney Callie Woolam is prosecuting the case.
NDTX Round-Up: January 1 - 7Read the Press Release
SENTENCING – MARIO MAKIYA SANDIFER a.k.a. “Danero the Goat”
On January 6, Mario Makiya Sandifer, 25, was sentenced to 3 years in federal prison for tampering with a witness or victim. In June 2019, law enforcement arrested Catrell Tywarren Johnson for sex trafficking. Sandifer intentionally contacted the trafficking victim via social media to prevent her testimony against Johnson. In one such attempt, Sandifer created a music video which he posted to YouTube and sent to the victim the link. In the video, Sandifer made threatening remarks and gestures in reference to the victim. This case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Nicole Dana prosecuted this case.
SENTENCING – ROGELIO ALVARADO
On January 7, Rogelio Alvardo, 35, was sentenced to 33 months in federal prison for conspiracy to distribute a controlled substance. Alvarado admits that he distributed cocaine to customers in exchange to U.S. currency. He also admits that he used a cellular phone to discuss, negotiate, and facilitate drug transactions with a co-conspirator. This case was investigated by the FBI and the Dallas Police Department. Assistant U.S. Attorney Phelesa Guy prosecuted this case.
GUILTY PLEA – ROBERT BURNEY CAPPS
On January 7, Robert Capps, 71, plead guilty to transporting and shipping child pornography. In September 2019, HSI received a cyber tip that reported that an image of child pornography had been uploaded to the Kik messaging application. Agents executed a search warrant at an address in Dallas where Capps lived. A forensic review of Capps cellular device revealed 508 imaged of child pornography. These images included sadistic images as well as images of infants and toddlers. Capps faces up to 20 years in federal prison for his crimes. This case was investigated by Homeland Security Investigations (Child Exploitation Group – Dallas). Assistant U.S. Attorney Lindsey Beran is prosecuting this case.
SENTENCING – BO JACK KELLEY
On January 7, Bo Jack Kelley, 27, was sentenced to 30 years in federal prison for production of child pornography. Kelley, a resident of Cullman, Alabama met a 14-year-old minor, located in Texas, on social media. Kelley coerced the minor to produce and send him sexually explicit videos. Kelly threatened that if the minor did not continue to send him pornographic videos, he would send the videos she already sent him to members of her family. Eventually, Kelley sent four sexually explicit videos of the minor’s mother’s social media account. This case was investigated by the FBI, Texas DPS, Texas Rangers, Shallowater Police Department, and Cullman Police Department.
Federal Jury Convicts Gang Member of Gun CrimeRead the Press Release
An Arlington gang member has been convicted at trial of felon in possession of a firearm, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Following around two hours of deliberation, a Fort Worth federal jury returned a guilty verdict against 25-year-old Jeremy Devonte White, aka “Worm,” Thursday afternoon.
According to evidence presented at trial, on November 26, 2019, Mr. White, a known member of the Trill Fam street gang, was riding in the passenger side of a fellow gang member’s vehicle when Arlington police attempted a traffic stop. When the vehicle reached a residential neighborhood, Mr. White jumped out and fled with a backpack, which he then ditched in a resident’s yard.
Inside the backpack were two loaded handguns, including one with a 33-round, high capacity magazine. Mr. White was subsequently identified and apprehended.
Mr. White, who was convicted in 2015 of three incidents of felony evading arrest, now faces up to ten years in federal prison on the firearms charge. Sentencing has been set for April 16.
The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Arlington Police Department’s Gang and Gun Crimes Units conducted the investigation. Assistant U.S. Attorneys Matthew Weybrecht and Andrew Briggs tried the case. U.S. District Judge Reed O’Connor presided over the trial, which incorporated extensive safety protocols, including social distancing of the attorneys, witnesses, and jurors, as well as face masks and face shields.
Man Who Sold Midland/Odessa Shooter AR-15 Used in Massacre Sentenced for Unlicensed Firearms DealingRead the Press Release
The man who sold the AR-15 used to gun down 32 people in Midland and Odessa, Texas has been sentenced to two years in federal prison, announced U.S. Attorney Erin Nealy Cox.
Marcus Anthony Braziel, 45, of Lubbock, Texas, pleaded guilty in October to one count of dealing firearms without a license and one count of subscribing to a false tax return. He was sentenced Thursday to 24 months in federal prison by U.S. District Judge James Wesley Hendrix.
“Federal firearm laws, including those that mandate background checks by licensed dealers, ensure that guns don’t fall into the hands of prohibited persons,” said U.S. Attorney Erin Nealy Cox. “By subverting those laws, Mr. Braziel enabled a deranged mass shooter. We hope this case sends a message: The U.S. Department of Justice will not give unlicensed dealers a pass. To do so would endanger our communities.”
“Knowingly dealing firearms without a license is a significant crime and often times leads to extreme violence. In this particular case, Mr. Braziel’s acts were implicit in the murders of seven innocent victims. In subverting the law, an individual otherwise prohibited from obtaining firearms was able to purchase a gun from Mr. Braziel. ATF will continue to do whatever necessary to keep firearms out of the hands of those that should not have them,” said ATF Special Agent in Charge of the Dallas Field Office Jeffrey C. Boshek II.
According to plea papers, Mr. Braziel admitted he sold Midland Odessa shooter Seth Aaron Ator an AR-15-style rifle on October 8, 2016 – nearly three years before Mr. Ator used the gun to murder seven people and wound 25 more.
Mr. Ator, who had been adjudicated “mentally defective” and was therefore legally prohibited from possessing firearms, first attempted to purchase a gun from a sporting goods store, but was rejected after the National Instant Criminal Background Check System (NICS) flagged his mental status. He later circumvented the NICS system by purchasing a gun from Mr. Braziel, who elected not to run background checks on any of his buyers.
Background checks are not necessarily required for in-state, private transfers. However, Mr. Braziel admitted he was “engaged in the business of selling firearms” – repeatedly devoting time and attention to purchasing and reselling guns for pecuniary gain – and thus should have been licensed and conducting background checks.
In his plea papers, Mr. Braziel admitted he routinely bought firearm firing mechanisms (termed “lower receivers”), used milling equipment to build them into full-fledged guns, and then sold the completed weapons for roughly $100 - $200 profit. He said he typically listed his firearms for sale on Armslist.com and conducted the sales in the parking lot of a local sporting goods store or out of his garage.
In a four-year span, Mr. Braziel inadvertently sold firearms to four prohibited persons: a convicted felon, an man under felony indictment, an immigrant in the U.S. illegally, and Mr. Ator, a man who the courts deemed unfit to possess a firearm.Agents traced the lower receiver of the gun Mr. Braziel sold to Mr. Ator to Mulehead Dans, a federally licensed firearm dealer in Lubbock. The owner of Mulehead Dans confirmed that Mr. Braziel often purchased lower receivers and firearms there.
In addition to concealing his unlicensed dealing, Mr. Braziel admitted he also concealed the income from his firearms sales from the IRS.
“IRS-CI is dedicated to using the full strength of the federal government to ensure strict and lengthy sentences for those who violate our country’s tax laws. In this case, Mr. Braziel made illegal business decisions directly contributing to the death and injury of multiple civilians and today’s sentence reflects the courts’ acknowledgment of this preventable tragedy,” stated IRS-CI Acting Special Agent in Charge Mark Pearson, Dallas Field Office, who praised the joint efforts of the IRS-CI agents and their federal partners.
Mr. Braziel has been ordered to self-surrender to the Federal Bureau of Prisons by April 7, 2021.
The Bureau of Alcohol, Tobacco, Firearms & Explosives, IRS-Criminal Investigations Division, the Federal Bureau of Investigation, Homeland Security Investigations, the United States Postal Inspection Service, the Texas Department of Public Safety, and the Lubbock Police Department conducted the investigation. Assistant U.S. Attorney Jeffrey Haag, NDTX’s West Texas Branch Chief, is prosecuting the case.
Boeing Charged with 737 Max Fraud Conspiracy, Agrees to Pay $2.5 Billion+Read the Press Release
The Boeing Company has entered into an agreement with the Department of Justice to resolve a criminal charge related to a conspiracy to defraud the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) in connection with the FAA AEG’s evaluation of Boeing’s 737 MAX airplane.
Boeing, a U.S.-based multinational corporation that designs, manufactures, and sells commercial airplanes to airlines worldwide, entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the Northern District of Texas. The criminal information charges the company with one count of conspiracy to defraud the United States. Under the terms of the DPA, Boeing will pay a total criminal monetary amount of over $2.5 billion, composed of a criminal monetary penalty of $243.6 million, compensation payments to Boeing’s 737 MAX airline customers of $1.77 billion, and the establishment of a $500 million crash-victim beneficiaries fund to compensate the heirs, relatives, and legal beneficiaries of the 346 passengers who died in the Boeing 737 MAX crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302.
“The misleading statements, half-truths, and omissions communicated by Boeing employees to the FAA impeded the government’s ability to ensure the safety of the flying public,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas. “This case sends a clear message: The Department of Justice will hold manufacturers like Boeing accountable for defrauding regulators – especially in industries where the stakes are this high.”
“The tragic crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302 exposed fraudulent and deceptive conduct by employees of one of the world’s leading commercial airplane manufacturers,” said Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division. “Boeing’s employees chose the path of profit over candor by concealing material information from the FAA concerning the operation of its 737 Max airplane and engaging in an effort to cover up their deception. This resolution holds Boeing accountable for its employees’ criminal misconduct, addresses the financial impact to Boeing’s airline customers, and hopefully provides some measure of compensation to the crash-victims’ families and beneficiaries.”
“Today's deferred prosecution agreement holds Boeing and its employees accountable for their lack of candor with the FAA regarding MCAS,” said Special Agent in Charge Emmerson Buie Jr. of the FBI’s Chicago Field Office. “The substantial penalties and compensation Boeing will pay, demonstrate the consequences of failing to be fully transparent with government regulators. The public should be confident that government regulators are effectively doing their job, and those they regulate are being truthful and transparent.”
“We continue to mourn alongside the families, loved ones, and friends of the 346 individuals who perished on Lion Air Flight 610 and Ethiopian Airlines Flight 302. The deferred prosecution agreement reached today with The Boeing Company is the result of the Office of Inspector General’s dedicated work with our law enforcement and prosecutorial partners,” said Special Agent in Charge Andrea M. Kropf, Department of Transportation Office of Inspector General (DOT-OIG) Midwestern Region. “This landmark deferred prosecution agreement will forever serve as a stark reminder of the paramount importance of safety in the commercial aviation industry, and that integrity and transparency may never be sacrificed for efficiency or profit.”
As Boeing admitted in court documents, Boeing—through two of its 737 MAX Flight Technical Pilots—deceived the FAA AEG about an important aircraft part called the Maneuvering Characteristics Augmentation System (MCAS) that impacted the flight control system of the Boeing 737 MAX. Because of their deception, a key document published by the FAA AEG lacked information about MCAS, and in turn, airplane manuals and pilot-training materials for U.S.-based airlines lacked information about MCAS.
Boeing began developing and marketing the 737 MAX in or around June 2011. Before any U.S.-based airline could operate the new 737 MAX, U.S. regulations required the FAA to evaluate and approve the airplane for commercial use.
In connection with this process, the FAA AEG was principally responsible for determining the minimum level of pilot training required for a pilot to fly the 737 MAX for a U.S.-based airline, based on the nature and extent of the differences between the 737 MAX and the prior version of Boeing’s 737 airplane, the 737 Next Generation (NG). At the conclusion of this evaluation, the FAA AEG published the 737 MAX Flight Standardization Board Report (FSB Report), which contained relevant information about certain aircraft parts and systems that Boeing was required to incorporate into airplane manuals and pilot-training materials for all U.S.-based airlines. The 737 MAX FSB Report also contained the FAA AEG’s differences-training determination. After the 737 MAX FSB Report was published, Boeing’s airline customers were permitted to fly the 737 MAX.
Within Boeing, the 737 MAX Flight Technical Team (composed of 737 MAX Flight Technical Pilots) was principally responsible for identifying and providing to the FAA AEG all information that was relevant to the FAA AEG in connection with the FAA AEG’s publication of the 737 MAX FSB Report. Because flight controls were vital to flying modern commercial airplanes, differences between the flight controls of the 737 NG and the 737 MAX were especially important to the FAA AEG for purposes of its publication of the 737 MAX FSB Report and the FAA AEG’s differences-training determination.
In and around November 2016, two of Boeing’s 737 MAX Flight Technical Pilots, one who was then the 737 MAX Chief Technical Pilot and another who would later become the 737 MAX Chief Technical Pilot, discovered information about an important change to MCAS. Rather than sharing information about this change with the FAA AEG, Boeing, through these two 737 MAX Flight Technical Pilots, concealed this information and deceived the FAA AEG about MCAS. Because of this deceit, the FAA AEG deleted all information about MCAS from the final version of the 737 MAX FSB Report published in July 2017. In turn, airplane manuals and pilot training materials for U.S.-based airlines lacked information about MCAS, and pilots flying the 737 MAX for Boeing’s airline customers were not provided any information about MCAS in their manuals and training materials.
On Oct. 29, 2018, Lion Air Flight 610, a Boeing 737 MAX, crashed shortly after takeoff into the Java Sea near Indonesia. All 189 passengers and crew on board died. Following the Lion Air crash, the FAA AEG learned that MCAS activated during the flight and may have played a role in the crash. The FAA AEG also learned for the first time about the change to MCAS, including the information about MCAS that Boeing concealed from the FAA AEG. Meanwhile, while investigations into the Lion Air crash continued, the two 737 MAX Flight Technical Pilots continued misleading others—including at Boeing and the FAA—about their prior knowledge of the change to MCAS.
On March 10, 2019, Ethiopian Airlines Flight 302, a Boeing 737 MAX, crashed shortly after takeoff near Ejere, Ethiopia. All 157 passengers and crew on board died. Following the Ethiopian Airlines crash, the FAA AEG learned that MCAS activated during the flight and may have played a role in the crash. On March 13, 2019, the 737 MAX was officially grounded in the U.S., indefinitely halting further flights of this airplane by any U.S.-based airline.
As part of the DPA, Boeing has agreed, among other things, to continue to cooperate with the Fraud Section in any ongoing or future investigations and prosecutions. As part of its cooperation, Boeing is required to report any evidence or allegation of a violation of U.S. fraud laws committed by Boeing’s employees or agents upon any domestic or foreign government agency (including the FAA), regulator, or any of Boeing’s airline customers. In addition, Boeing has agreed to strengthen its compliance program and to enhanced compliance program reporting requirements, which require Boeing to meet with the Fraud Section at least quarterly and to submit yearly reports to the Fraud Section regarding the status of its remediation efforts, the results of its testing of its compliance program, and its proposals to ensure that its compliance program is reasonably designed, implemented, and enforced so that it is effective at deterring and detecting violations of U.S. fraud laws in connection with interactions with any domestic or foreign government agency (including the FAA), regulator, or any of its airline customers.
The Fraud Section reached this resolution with Boeing based on a number of factors, including the nature and seriousness of the offense conduct; Boeing’s failure to timely and voluntarily self‑disclose the offense conduct to the department; and Boeing’s prior history, including a civil FAA settlement agreement from 2015 related to safety and quality issues concerning the Boeing’s Commercial Airplanes (BCA) business unit. In addition, while Boeing’s cooperation ultimately included voluntarily and proactively identifying to the Fraud Section potentially significant documents and Boeing witnesses, and voluntarily organizing voluminous evidence that Boeing was obligated to produce, such cooperation, however, was delayed and only began after the first six months of the Fraud Section’s investigation, during which time Boeing’s response frustrated the Fraud Section’s investigation.
The department also considered that Boeing engaged in remedial measures after the offense conduct, including: (i) creating a permanent aerospace safety committee of the Board of Directors to oversee Boeing’s policies and procedures governing safety and its interactions with the FAA and other government agencies and regulators; (ii) creating a Product and Services Safety organization to strengthen and centralize the safety-related functions that were previously located across Boeing; (iii) reorganizing Boeing’s engineering function to have all Boeing engineers, as well as Boeing’s Flight Technical Team, report through Boeing’s chief engineer rather than to the business units; and (iv) making structural changes to Boeing’s Flight Technical Team to increase the supervision, effectiveness, and professionalism of Boeing’s Flight Technical Pilots, including moving Boeing’s Flight Technical Team under the same organizational umbrella as Boeing’s Flight Test Team, and adopting new policies and procedures and conducting training to clarify expectations and requirements governing communications between Boeing’s Flight Technical Pilots and regulatory authorities, including specifically the FAA AEG. Boeing also made significant changes to its top leadership since the offense occurred.
The Fraud Section ultimately determined that an independent compliance monitor was unnecessary based on the following factors, among others: (i) the misconduct was neither pervasive across the organization, nor undertaken by a large number of employees, nor facilitated by senior management; (ii) although two of Boeing’s 737 MAX Flight Technical Pilots deceived the FAA AEG about MCAS by way of misleading statements, half-truths, and omissions, others in Boeing disclosed MCAS’s expanded operational scope to different FAA personnel who were responsible for determining whether the 737 MAX met U.S. federal airworthiness standards; (iii) the state of Boeing’s remedial improvements to its compliance program and internal controls; and (iv) Boeing’s agreement to enhanced compliance program reporting requirements, as described above.
The Chicago field offices of the FBI and the DOT-OIG investigated the case, with the assistance of other FBI and DOT-OIG field offices.
Trial Attorneys Cory E. Jacobs and Scott Armstrong and Assistant Chief Michael T. O’Neill of the Fraud Section and Assistant U.S. Attorney Chad E. Meacham of the Northern District of Texas are prosecuting this case.
Individuals who believe they may be an heir, relative, or legal beneficiary of one of the Lion Air Flight 610 or Ethiopian Airlines Flight 302 passengers in this case should contact the Fraud Section’s Victim Witness Unit by email at: Victimassistance.fraud@usdoj.gov or call (888) 549-3945.
Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 BillionRead the Press Release
The Boeing Company (Boeing) has entered into an agreement with the Department of Justice to resolve a criminal charge related to a conspiracy to defraud the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) in connection with the FAA AEG’s evaluation of Boeing’s 737 MAX airplane.
Boeing, a U.S.-based multinational corporation that designs, manufactures, and sells commercial airplanes to airlines worldwide, entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the Northern District of Texas. The criminal information charges the company with one count of conspiracy to defraud the United States. Under the terms of the DPA, Boeing will pay a total criminal monetary amount of over $2.5 billion, composed of a criminal monetary penalty of $243.6 million, compensation payments to Boeing’s 737 MAX airline customers of $1.77 billion, and the establishment of a $500 million crash-victim beneficiaries fund to compensate the heirs, relatives, and legal beneficiaries of the 346 passengers who died in the Boeing 737 MAX crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302.
“The tragic crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302 exposed fraudulent and deceptive conduct by employees of one of the world’s leading commercial airplane manufacturers,” said Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division. “Boeing’s employees chose the path of profit over candor by concealing material information from the FAA concerning the operation of its 737 Max airplane and engaging in an effort to cover up their deception. This resolution holds Boeing accountable for its employees’ criminal misconduct, addresses the financial impact to Boeing’s airline customers, and hopefully provides some measure of compensation to the crash-victims’ families and beneficiaries.”
“The misleading statements, half-truths, and omissions communicated by Boeing employees to the FAA impeded the government’s ability to ensure the safety of the flying public,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas. “This case sends a clear message: The Department of Justice will hold manufacturers like Boeing accountable for defrauding regulators – especially in industries where the stakes are this high.”
“Today's deferred prosecution agreement holds Boeing and its employees accountable for their lack of candor with the FAA regarding MCAS,” said Special Agent in Charge Emmerson Buie Jr. of the FBI’s Chicago Field Office. “The substantial penalties and compensation Boeing will pay, demonstrate the consequences of failing to be fully transparent with government regulators. The public should be confident that government regulators are effectively doing their job, and those they regulate are being truthful and transparent.”
“We continue to mourn alongside the families, loved ones, and friends of the 346 individuals who perished on Lion Air Flight 610 and Ethiopian Airlines Flight 302. The deferred prosecution agreement reached today with The Boeing Company is the result of the Office of Inspector General’s dedicated work with our law enforcement and prosecutorial partners,” said Special Agent in Charge Andrea M. Kropf, Department of Transportation Office of Inspector General (DOT-OIG) Midwestern Region. “This landmark deferred prosecution agreement will forever serve as a stark reminder of the paramount importance of safety in the commercial aviation industry, and that integrity and transparency may never be sacrificed for efficiency or profit.”
As Boeing admitted in court documents, Boeing—through two of its 737 MAX Flight Technical Pilots—deceived the FAA AEG about an important aircraft part called the Maneuvering Characteristics Augmentation System (MCAS) that impacted the flight control system of the Boeing 737 MAX. Because of their deception, a key document published by the FAA AEG lacked information about MCAS, and in turn, airplane manuals and pilot-training materials for U.S.-based airlines lacked information about MCAS.
Boeing began developing and marketing the 737 MAX in or around June 2011. Before any U.S.-based airline could operate the new 737 MAX, U.S. regulations required the FAA to evaluate and approve the airplane for commercial use.
In connection with this process, the FAA AEG was principally responsible for determining the minimum level of pilot training required for a pilot to fly the 737 MAX for a U.S.-based airline, based on the nature and extent of the differences between the 737 MAX and the prior version of Boeing’s 737 airplane, the 737 Next Generation (NG). At the conclusion of this evaluation, the FAA AEG published the 737 MAX Flight Standardization Board Report (FSB Report), which contained relevant information about certain aircraft parts and systems that Boeing was required to incorporate into airplane manuals and pilot-training materials for all U.S.-based airlines. The 737 MAX FSB Report also contained the FAA AEG’s differences-training determination. After the 737 MAX FSB Report was published, Boeing’s airline customers were permitted to fly the 737 MAX.
Within Boeing, the 737 MAX Flight Technical Team (composed of 737 MAX Flight Technical Pilots) was principally responsible for identifying and providing to the FAA AEG all information that was relevant to the FAA AEG in connection with the FAA AEG’s publication of the 737 MAX FSB Report. Because flight controls were vital to flying modern commercial airplanes, differences between the flight controls of the 737 NG and the 737 MAX were especially important to the FAA AEG for purposes of its publication of the 737 MAX FSB Report and the FAA AEG’s differences-training determination.
In and around November 2016, two of Boeing’s 737 MAX Flight Technical Pilots, one who was then the 737 MAX Chief Technical Pilot and another who would later become the 737 MAX Chief Technical Pilot, discovered information about an important change to MCAS. Rather than sharing information about this change with the FAA AEG, Boeing, through these two 737 MAX Flight Technical Pilots, concealed this information and deceived the FAA AEG about MCAS. Because of this deceit, the FAA AEG deleted all information about MCAS from the final version of the 737 MAX FSB Report published in July 2017. In turn, airplane manuals and pilot training materials for U.S.-based airlines lacked information about MCAS, and pilots flying the 737 MAX for Boeing’s airline customers were not provided any information about MCAS in their manuals and training materials.
On Oct. 29, 2018, Lion Air Flight 610, a Boeing 737 MAX, crashed shortly after takeoff into the Java Sea near Indonesia. All 189 passengers and crew on board died. Following the Lion Air crash, the FAA AEG learned that MCAS activated during the flight and may have played a role in the crash. The FAA AEG also learned for the first time about the change to MCAS, including the information about MCAS that Boeing concealed from the FAA AEG. Meanwhile, while investigations into the Lion Air crash continued, the two 737 MAX Flight Technical Pilots continued misleading others—including at Boeing and the FAA—about their prior knowledge of the change to MCAS.
On March 10, 2019, Ethiopian Airlines Flight 302, a Boeing 737 MAX, crashed shortly after takeoff near Ejere, Ethiopia. All 157 passengers and crew on board died. Following the Ethiopian Airlines crash, the FAA AEG learned that MCAS activated during the flight and may have played a role in the crash. On March 13, 2019, the 737 MAX was officially grounded in the U.S., indefinitely halting further flights of this airplane by any U.S.-based airline.
As part of the DPA, Boeing has agreed, among other things, to continue to cooperate with the Fraud Section in any ongoing or future investigations and prosecutions. As part of its cooperation, Boeing is required to report any evidence or allegation of a violation of U.S. fraud laws committed by Boeing’s employees or agents upon any domestic or foreign government agency (including the FAA), regulator, or any of Boeing’s airline customers. In addition, Boeing has agreed to strengthen its compliance program and to enhanced compliance program reporting requirements, which require Boeing to meet with the Fraud Section at least quarterly and to submit yearly reports to the Fraud Section regarding the status of its remediation efforts, the results of its testing of its compliance program, and its proposals to ensure that its compliance program is reasonably designed, implemented, and enforced so that it is effective at deterring and detecting violations of U.S. fraud laws in connection with interactions with any domestic or foreign government agency (including the FAA), regulator, or any of its airline customers.
The department reached this resolution with Boeing based on a number of factors, including the nature and seriousness of the offense conduct; Boeing’s failure to timely and voluntarily self‑disclose the offense conduct to the department; and Boeing’s prior history, including a civil FAA settlement agreement from 2015 related to safety and quality issues concerning the Boeing’s Commercial Airplanes (BCA) business unit. In addition, while Boeing’s cooperation ultimately included voluntarily and proactively identifying to the Fraud Section potentially significant documents and Boeing witnesses, and voluntarily organizing voluminous evidence that Boeing was obligated to produce, such cooperation, however, was delayed and only began after the first six months of the Fraud Section’s investigation, during which time Boeing’s response frustrated the Fraud Section’s investigation.
The department also considered that Boeing engaged in remedial measures after the offense conduct, including: (i) creating a permanent aerospace safety committee of the Board of Directors to oversee Boeing’s policies and procedures governing safety and its interactions with the FAA and other government agencies and regulators; (ii) creating a Product and Services Safety organization to strengthen and centralize the safety-related functions that were previously located across Boeing; (iii) reorganizing Boeing’s engineering function to have all Boeing engineers, as well as Boeing’s Flight Technical Team, report through Boeing’s chief engineer rather than to the business units; and (iv) making structural changes to Boeing’s Flight Technical Team to increase the supervision, effectiveness, and professionalism of Boeing’s Flight Technical Pilots, including moving Boeing’s Flight Technical Team under the same organizational umbrella as Boeing’s Flight Test Team, and adopting new policies and procedures and conducting training to clarify expectations and requirements governing communications between Boeing’s Flight Technical Pilots and regulatory authorities, including specifically the FAA AEG. Boeing also made significant changes to its top leadership since the offense occurred.
The department ultimately determined that an independent compliance monitor was unnecessary based on the following factors, among others: (i) the misconduct was neither pervasive across the organization, nor undertaken by a large number of employees, nor facilitated by senior management; (ii) although two of Boeing’s 737 MAX Flight Technical Pilots deceived the FAA AEG about MCAS by way of misleading statements, half-truths, and omissions, others in Boeing disclosed MCAS’s expanded operational scope to different FAA personnel who were responsible for determining whether the 737 MAX met U.S. federal airworthiness standards; (iii) the state of Boeing’s remedial improvements to its compliance program and internal controls; and (iv) Boeing’s agreement to enhanced compliance program reporting requirements, as described above.
The Chicago field offices of the FBI and the DOT-OIG investigated the case, with the assistance of other FBI and DOT-OIG field offices.
Trial Attorneys Cory E. Jacobs and Scott Armstrong and Assistant Chief Michael T. O’Neill of the Fraud Section and Assistant U.S. Attorney Chad E. Meacham of the Northern District of Texas are prosecuting this case.
Individuals who believe they may be an heir, relative, or legal beneficiary of one of the Lion Air Flight 610 or Ethiopian Airlines Flight 302 passengers in this case should contact the Fraud Section’s Victim Witness Unit by email at: Victimassistance.fraud@usdoj.gov or call (888) 549-3945.
Eleven Meth, Cocaine Traffickers Charged in AmarilloRead the Press Release
Eleven alleged drug traffickers have been arrested and charged in Amarillo, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
The defendants – who allegedly conspired to deal hundreds of grams of methamphetamine and cocaine – were arrested on Tuesday, Jan. 5 in a bust led by the Drug Enforcement Administration’s Amarillo Resident Office. During the operation, law enforcement seized more than 25 guns as well as kilogram quantities of drugs and U.S. currency.
The majority of the defendants made their initial appearances Wednesday morning before U.S. Magistrate Judge Lee Ann Reno.
Those charged in the 14-count indictment include:
- Christopher David Bell: conspiracy to distribute controlled substances, distribution of methamphetamine
- Randall Emery Bull: conspiracy to distribute controlled substances, distribution of methamphetamine
- Summer Nichole Wilcox: conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine
- Arizona Michelle Wood: conspiracy to distribute controlled substances, distribution of methamphetamine, unlawful use of a communications facility
- Ruben Gomez-Bastida: conspiracy to distribute controlled substances, distribution of methamphetamine
- Sergio Segovia: conspiracy to distribute controlled substances, distribution of methamphetamine
- Jimmy Pancheco: conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine, possession with intent to distribute cocaine
- Julia Annette Machado: conspiracy to distribute controlled substances, distribution of methamphetamine
- Katreyna Ann Betancourt: conspiracy to distribute controlled substances, distribution of methamphetamine
- Brenda Joynce Monroe: conspiracy to distribute controlled substances, distribution of methamphetamine
- Billy Loy Holliday: conspiracy to distribute controlled substances
“Combatting the scourge of illegal drug trafficking is one of the Justice Department’s top priorities,” said U.S. Attorney Erin Nealy Cox. “We are proud to have collaborated with so many law enforcement agencies to disrupt the flow of meth and cocaine and to take so many high-level dealers off the streets of Amarillo.”
“Tuesday’s city-wide, cooperative law enforcement efforts to disrupt the methamphetamine and cocaine trafficking in our city was a tremendous success,” said DEA Special Agent in Charge of the Dallas Division Eduardo A. Chávez. “The Yellow Rose of Texas is safer today as we bring justice to those drug traffickers who want to poison our communities and profit from those who struggle with addiction. DEA Amarillo’s efforts will never waver as we seek to protect the neighborhoods we call home.”
“Drug trafficking and the public safety risks associated with it is a top priority for HSI Dallas and we will continue to allocate substantial resources to combat those responsible,” said Ryan L. Spradlin, Special Agent in Charge of HSI's Dallas Field Office.”
An indictment is merely an allegation of criminal conduct, not evidence. Defendants are presumed innocent until proven guilty in a court of law.
If convicted, the lead defendant, 44-year-old Christopher Bell, faces up to life in federal prison. Other defendants face between four years to life in prison.
Three defendants charged in the indictment remain fugitives.
The Drug Enforcement Administration and Homeland Security Investigations (HSI) conducted the investigation with the assistance of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, & Explosives, the Potter County Sheriff’s Office, the Randall County Sheriff’s Office, the Lubbock County Sheriff’s Office, the Texas Department of Public Safety, the Amarillo Police Department, the Potter and Randall County District Attorney’s Offices, the Texas Anti-Gang Unit, and the United States Marshal’s Service. The Texoma High Intensity Drug Trafficking Area (HIDTA) program, the Organized Crime Drug Enforcement Task Force (OCDETF) Southwest Region, and the National Guard Counter Drug unit provided operational support. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case
West Texas Child Predator Sentenced to Life in Federal PrisonRead the Press Release
A west Texas child predator was sentenced yesterday to life in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Michael Don Billups, 56, pleaded guilty in January to interstate transportation of a minor with intent to engage in criminal sexual activity. He was sentenced yesterday afternoon before U.S. District Judge James Wesley Hendrix.
“Mr. Billups committed heinous acts of sexual abuse against the most vulnerable in our society,” said U.S Attorney Erin Nealy Cox. “While no prison term can undo the pain and suffering Mr. Billups has caused, today’s life sentence sends a strong message that child sexual exploitation will be punished to the fullest extent of the law.”
“The FBI is dedicated to protecting the communities we serve from child predators,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “We will continue working with our partners to pursue individuals who commit horrific acts of child exploitation.”
According to court documents, Billups befriended a family while living in New Mexico. Over a period of time, Billups earned the family’s trust and, on occasion, the family’s minor children were allowed to stay at Billups’ residence overnight.
During the summer of 2019, Billups requested to take two of the children on vacation to Florida and Alabama. While at Billups son’s residence in Alabama, Billups sexually assaulted one of the minors.
In October 2019, the family moved from New Mexico to Lubbock, Texas. Shortly thereafter, one of the minor children outcried to his mother stating that Billups had been sexually assaulting him for several years at locations in New Mexico, Texas, and in Alabama.
According to court documents, the parents questioned a second sibling who informed them that he had observed activities between Billups and his sibling that confirmed the outcry.
To avoid detection, Billups told the minors not to tell anyone because it would make him feel sad. He also purchased toys and games for boys.
The FBI’s Dallas Field Office and the Lubbock Police Department conducted the investigation. Assistant U.S. Attorney Sean Long prosecuted this case.
NDTX Round-Up: December 11-17Read the Press Release
GUILTY PLEA – EDUARDO HUERTA
On December 15, Eduardo Huerta, 20, plead guilty to possession with intent to distribute a controlled substance. Agents detained Huerta at a home which doubled as a methamphetamine conversion lab. At the residence, agents seized 18 large containers of liquid methamphetamine, 21,332 grams of crystal methamphetamine, and 3,013 grams of heroin. Huerta faces up to 40 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney John Kull is prosecuting this case.
GUILTY PLEA – EMMANUEL CASTRO CALZADA
On December 15, Emmanuel Castro Calzada, 29, plead guilty to possession with intent to distribute a controlled substance. In January 2019, Calzada was in Dallas was in possession of approximately 6 kilograms of methamphetamine, 32 grams of cocaine, 30 grams of heroin. He possessed these narcotics with the intention to distribute and sell them for a profit. Additionally, Calzada possessed a .40 caliber handgun and $17,415 in drug proceeds. Calzada faces up to 20 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney P.J. Meitl is prosecuting this case.
SENTENCING – MAYELI MOLINA
On December 10, Mayeli Molina, 32, was sentenced to 292 months in federal prison for conspiracy to distribute a controlled substance. According to evidence presented at trial, Molina possessed methamphetamine of at least 500 grams with the intent to distribute it to others in the Northern District. She was found guilty in December 2019. This case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, Fort Worth Police Department, OCDETF, and HIDTA. Assistant U.S. Attorney Phelesa Guy prosecuted this case.
GUILTY PLEA – VICTOR ALFONSO MAUICIO-DEL RIO
On December 8, Victor Alfonso Mauricio-Del Rio, 33, plead guilty to conspiracy to possess with intent to distribute a controlled substance. Mauricio-Del Rio was intercepted by a court authorized wire and electronic wiretap where he used coded language to discuss the purchase of cocaine. Officers conducted a traffic stop of Mauricio-Del Rio’s co-conspirators and seized three and half kilograms of cocaine. Law enforcement also conducted a traffic stop of Mauricio-Del Rio vehicle and he was found to have cocaine. Mauricio-Del Rio faces up to 40 years in federal prison. This case was investigated by the Drug Enforcement Administration, Texas DPS, and OCDETF. Assistant U.S. Attorney George Leal is prosecuting this case.
Fort Worth Meth Dealer Sentenced to More Than 20 Years for Role in Money Laundering ConspiracyRead the Press Release
A Fort Worth methamphetamine dealer was sentenced today to 262 months in federal prison for participating in a conspiracy to distribute drugs and launder approximately $275,000 of drug proceeds to Mexico, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Yesi Bastida-Carranza, 31, was sentenced today by District Judge Reed C. O’Connor after an extensive investigation led by IRS Criminal Investigation Dallas Field Office. Earlier this year, Bastida-Carranza pleaded guilty to conspiracy to possess a controlled substance with intent to distribute and conspiracy to commit money laundering.
“Our office is committed to disrupting and dismantling criminal organizations that distribute drugs, launder illicit proceeds, and attempt to corrupt our society,” said U.S. Attorney Erin Nealy Cox. “This case underscores the resolve of our law enforcement partners to bring justice against these criminal enterprises.”
“One of the primary missions of the Internal Revenue Service, Criminal Investigation, Dallas Field Office, is to identify, pursue and dismantle transnational drug trafficking and money laundering organizations that prey on North Texans,” stated Acting Special Agent in Charge of the IRS Criminal Investigations Dallas Field Office, Kevin Caramucci. “We extend our gratitude to our federal and state partners for their assistance in taking down Bastida-Carranza and his family, preventing multiple kilograms of methamphetamines from entering our neighborhoods.”
According to a criminal complaint filed in March, Bastida-Carranza was part of a money laundering organizing which made at least 713 wire transactions totaling more than $660,000 of illegal drug proceeds sent to Mexico during 2016 and 2017. Bastida-Carranza executed at least 293 of these wire transactions by sending $273,181.30.
To execute the wire transactions, Bastida-Carranza and his co-conspirators, including his four siblings and others, initially used two “sender” addresses – one which belonged to Bastida-Carranza in Haltom City. As the scheme progressed, the money laundering organization used numerous addresses and phone numbers to avoid detection by law enforcement. Bastida-Carranza and other co-conspirators received a portion of the money involved in these transactions as compensation for organizing these laundering activities.
In October 2017, law enforcement executed a search warrant for social media accounts controlled by Bastida-Carranza. As proof that other co-conspirators made wire transfers, they sent Bastida-Carranza wire transaction receipts via Facebook messenger. Additionally, law enforcement placed a tracking device on Bastida-Carranza’s car which showed it visiting various wire remitter stores at the time wire transactions were sent by him to beneficiaries in Mexico.
Bastida-Carranza regularly used fictious names and false documents to execute wire transactions. He was captured on video conducting three wire transfers at a DolEx kiosk sending funds to a beneficiary in Mexico using an alias.
In March 2020, law enforcement executed a search warrant at Bastida-Carranza’s home where they seized approximately five kilograms of methamphetamine, approximately $50,000 of U.S. currency, and a drug ledger, according to a federal complaint
Investigators were also aware of another location that Bastida-Carranza frequented in Fort Worth. The homeowner at the address said that Bastida-Carranza had access to a shed located on the property. Inside the shed, investigators found approximately 15 kilograms of methamphetamine, digital scales, as well as drug processing equipment.
During an interview with law enforcement, Bastida-Carranza admitted to distributing methamphetamine at the direction of a Mexico based source of supply. He also admitted that he received beneficiary names located in Mexico, to whom he wired the meth sales proceeds and directed his other co-conspirators to do the same. Bastida-Carranza also admitted to wiring the drug proceeds he received to drug traffickers based in Mexico.
The IRS Criminal Investigation Dallas Field Office, Drug Enforcement Administration, Homeland Security Investigations, the Fort Worth Police Department and the Tarrant County Sherriff’s Office conducted the investigation. Assistant U.S. Attorney Shawn Smith prosecuted this case.
U.S. Attorney Erin Nealy Cox to Depart Justice DepartmentRead the Press Release
United States Attorney Erin Nealy Cox will resign from the Department of Justice, the office announced today.
“Serving as United States Attorney has been the privilege of a lifetime. Representing our nation is a tremendous responsibility – one I have tried to undertake with integrity and with accountability to the rule of law. I am grateful to President Trump and Senators Cornyn and Cruz for giving me this opportunity to lead, and to the Attorney General for putting his trust in me,” Nealy Cox said. “Of course, I was never the key to the achievements of this great office. Through a courthouse shooting, a government shutdown, a global pandemic, and unprecedented civil unrest, the attorneys and staff of the Northern District of Texas have never wavered in their commitment to justice. We’ve seen similar determination from our federal, state, and local law enforcement partners. I am thankful for their passion and inspired by their dedication.”
Nominated by President Donald J. Trump in September 2017 and unanimously confirmed by the U.S. Senate two months later, U.S. Attorney Nealy Cox was sworn into office on November 17, 2017. Under her leadership, the Northern District of Texas (NDTX) has thrived, prosecuting more cases and more defendants than any other extra-large non-border district in the nation.
In addition to her duties here in the Lone Star State, Ms. Nealy Cox led on a national level, serving as Chair of the Attorney General’s Advisory Committee, a body of federal prosecutors advising the AG on policy and operational issues. Tasked with articulating Justice Department initiatives to lawmakers and to the public, she testified twice before the U.S. Senate. She was named co-chair of the Attorney General’s Task Force on Violent Anti-Government Extremism, served on DOJ’s Religious Liberty Taskforce, and was one of five U.S. Attorneys advising DOJ’s China Initiative, a group of senior officials combatting state-sponsored economic espionage.
“Erin Nealy Cox is a top-notch leader and lawyer – one of the many reasons I selected her to chair the Attorney General’s Advisory Committee,” stated Attorney General William P. Barr. “A fierce advocate against human trafficking, public corruption, domestic violence, and violent crime, she has demonstrated an unwavering commitment to the pursuit of justice in North Texas and nationwide. I thank her for her dedicated service to the Department and wish her every success moving forward.”
In the Northern District of Texas, Nealy Cox advanced an impressive list of priorities. She focused on reducing the District’s rising violent crime rates by aggressively enforcing laws against firearm possession by prohibited persons, charging the second highest number of gun crime defendants in the country. In February 2019, she launched the district’s Domestic Violence Initiative, designed to keep guns out of the hands of armed abusers. This groundbreaking effort, rooted in research showing that domestic violence offenders with access to a gun are five times more likely to murder their partner, led to the Attorney General appointing Nealy Cox chair of a newly created Domestic Violence Working Group. At her direction, the District also took aim at unlicensed dealing of firearms at gun shows, unlawful possession of 3D printed weapons, and private sellers “engaged in the business” of dealing firearms, including the man who sold an AR-15 to the Midland-Odessa shooter.
A passionate advocate against human trafficking, Nealy Cox attacked sexual exploitation from all angles, working with Homeland Security Investigations (HSI) to revamp the North Texas Trafficking Task force. In June 2020, the trafficking task force took down CityXGuide, a leading source of online ads for sex trafficking, and used a newly-passed law, FOSTA, to charge its owner with reckless disregard of trafficking – a move that drew praise from lawmakers nationwide. She also attacked the demand-side of human trafficking by charging sellers as well as buyers and instituted a system to seek restitution for victims.
Nealy Cox’s all-angles approach extended to public corruption, where her team aggressively pursued all facets of public corruption: bribe payers, recipients, and facilitators. In August 2018, she announced charges against the former Mayor Pro Tem of Dallas and the Louisiana businessman who paid him nearly half a million dollars in bribes to promote Dallas County Schools’ bus stop-arm program. The prosecution also brought down a facilitator who helped funnel the money. Six months later, Nealy Cox announced charges against another Dallas City Councilwoman, who pleaded guilty to accepting tens of thousands of dollars in bribes from a local real estate developer.
A self-professed data nerd, Nealy Cox employed a data-driven model to kick off award-winning Project Safe Neighborhoods programs in Dallas, Lubbock, and Amarillo. In partnership with a top-tier criminologist, she and the various PSN task forces analyzed district-wide violent crime data to zero in on violent crime hotspots that could benefit from collaborations between federal law enforcement and police departments. In Dallas, the PSN Taskforce also implemented a community-engagement strategy using Crime Prevention Through Environmental Design (CPTED) to reinvigorate blighted areas. Even as municipalities across North Texas struggled with rising crime rates, all three PSN hotspots in Amarillo, Lubbock, and Dallas saw marked decreases in violent crime.
She advocated statistical analysis in other areas of the law too, pushing prosecutors to use data to bring down pill mill doctors and other corrupt medical practitioners. The District brought a wide range of drug prosecutions – from darkweb drug dealers, to cartel trafficking operations, to an MLB employee charged with dealing the fentanyl that killed a beloved LA Angels pitcher. And in the wake of the pandemic, NDTX prosecutors did not hesitate to target those who exploited the COVID-19 crisis, bringing multiple COVID fraud cases as well as obtaining injunctions against doctors touting sham therapies and fake cures.
A prosecutor at heart, Nealy Cox did not shy away from the courtroom. In September 2019, she worked with a fellow AUSA to personally try Michael Webb, the man who kidnapped an 8-year-old girl in broad daylight off the streets of Fort Worth. Following emotional testimony from the mother and the agents that rescued the child in the defendant’s hotel room, a jury deliberated for just eight minutes before returning a guilty verdict. Nealy Cox also argued the sentencing phase, which resulted in a life sentence.
Ms. Nealy Cox’s last day in the office will be January 8, 2021. Following her departure, First Assistant U.S. Attorney Prerak Shah will assume the role of Acting U.S. Attorney.
U.S. Attorney Erin Nealy Cox in her office in the Earle Cabell Federal Building.Third Dallas Real Estate Developer Charged with Bribing City Council MembersRead the Press Release
Another Dallas real estate developer has been charged with bribing city officials, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Following an investigation led by the FBI’s Dallas Field Office, a federal grand jury indicted Sherman Roberts, the 66-year-old president of City Wide Community Development Corporation, on one count of conspiracy to commit bribery concerning programs receiving federal funds and one count of bribery concerning a local government receiving federal benefits on Wednesday. Mr. Roberts is scheduled to make his initial appearance before U.S. Magistrate Judge Renee Toliver Friday morning.
“The U.S. Attorney’s Office is determined to restore Dallas’ trust in its city government by systematically dismantling the ecosystems that allowed this sort of corruption. We continue to attack the problem from every angle, targeting bribe payors, recipients, and facilitators,” said U.S. Attorney Erin Nealy Cox. “Cities flourish when leaders have only constituents’ best interests at heart. We will not stop until that goal is achieved.”
“Bribing government officials in exchange for official acts destroys the public’s confidence in city government. The criminal activity alleged today demonstrates the willingness of our trusted public officials to waste valuable resources intended for the residents of Dallas, while circumventing the processes they were charged to uphold. The FBI and our law enforcement partners will continue to ensure that those who pay bribes, accept bribes and facilitate bribe payments are held fully accountable,” said Matthew J. DeSarno, Special Agent in Charge of the FBI’s Dallas Field Office.
According to the indictment, Mr. Roberts allegedly bribed two City Council Members – identified in charging documents as “Council Member A” and “Council Member B” – to support his various apartment projects.
In return for cash payments and the promise of future payments after her city council tenure ended, Council Member A voted to authorize more than $1.9 million in City of Dallas funding for Mr. Robert’s Serenity Place project, recommended that the project receive a 9 percent low income housing tax credit from the Texas Department of Housing, and demanded that developers with competing projects withdraw their applications for funding in order to increase Mr. Robert’s chances.
“Right now, you and me are making money” from the real estate dealings, Mr. Roberts allegedly told Council Member A, who was then serving as a leader of Dallas’ Housing Committee, in spring 2015.
Together, the pair then approached Council Member B for his help with another one of Mr. Robert’s developments.
In return for a $600 cash payment plus the promise of a $60,000 lump sum payment and a $2,000 monthly stipend, Council Member B agreed to stop the City of Dallas from issuing a Request for Proposal (RFP) for Mr. Robert’s Patriot’s Crossing project and to cast votes in favor of the project on the City Council.
Mr. Roberts is the third real estate developer charged with bribery in the past two years. Devin Hall, the developer behind the Grand Park Place apartment project, pleaded guilty in August 2020. Ruel Hamilton, the AmeriSouth Realty Group executive who backed the Royal Crest housing project, is slated for trial in February 2021.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Roberts is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 15 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation with the assistance of IRS – Criminal Investigation’s Dallas Field Office. Assistant U.S. Attorneys Marcus Busch and Andrew Wirmani are prosecuting the case.
Darkweb Drug Trafficker Arrested in Operation DisrupTor Pleads GuiltyRead the Press Release
A darkweb cocaine and heroin trafficker has pleaded guilty to drug conspiracy, announced U.S. Attorney for the Northern District of Texas.
Aaron Brewer - a 39-year-old charged under Operation DisrupTor, a coordinated international effort to disrupt opioid trafficking on the Darknet – pleaded guilty Thursday to conspiracy to possess with intent to distribute a controlled substance.
“Drug traffickers often believe the anonymity of the darknet will shield them from criminal prosecution. This prosecution proves that’s not the case,” said U.S. Attorney Erin Nealy Cox. “The Northern District of Texas is committed to finding and stopping dealers wherever they are – whether that’s on the streets or in the dark crevasses of the internet.”
“Stopping the flow of drugs into our communities is of utmost importance, having seen the devastation they bring,” said Thomas Noyes, Inspector in Charge of the U.S. Postal Inspection Service Fort Worth Division. “While criminals exploit technology in an effort to stay hidden, Postal Inspectors will spare no effort in their mission to protect the U.S. Mail, the Postal Service and its customers. We will continue to find, and bring to justice, individuals like this, and we thank the U.S. Attorney’s Office and F.B.I. for their significant work.”
According to plea papers, Mr. Brewer admitted he created darkweb market vendor accounts in order to sell cocaine, heroin, and other controlled substances online.
Mr. Brewer’s customers paid him in cryptocurrency, typically bitcoin, and frequently used aliases for shipping. After receiving payment, Mr. Brewer used the U.S. Mail and other shipping services to transmit controlled substances to customers in North Texas and across the country.
In March 2020, law enforcement discovered a ledger linking controlled substances orders with tracking numbers inside his apartment.
Mr. Brewer later admitted that over an 11-monthe period, he dealt more than 4,000 grams of cocaine and more than 80 grams of black tar heroin, then used the more than $50,000 in proceeds of the illegal activity to pay his mortgage.
He now faces up to 20 years in federal prison. As part of his plea agreement, he agreed to forfeit a property in Plano, Texas to the government.
The U.S. Postal Inspection Service and the Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Sid Mody is prosecuting the case.
Former Amarillo Banker Pleads Guilty to EmbezzlementRead the Press Release
A former Amarillo banker pleaded guilty for her role in embezzling thousands of dollars from a local bank, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Heather M. Cooper, 40, pleaded guilty to a felony information charging one count of theft, embezzlement, or misapplication by a bank officer or employee on Monday before Magistrate Judge Lee Ann Reno.
According to court documents, Ms. Cooper began working at FirstCapital Bank of Texas in Amarillo in 2012 as a mortgage loan processor where she met with customers at loan closings and guided them through the mortgage and loan process.
From August 2017 to January 2020, Ms. Cooper admitted to making more than 19 fraudulent withdrawals from at least four bank customers accounts. On at least 18 separate occasions, Ms. Cooper signed a withdrawal slip from the bank customer’s account, which she then used to purchase a cashier's check – each exceeding $1,000 in value. Additionally, Ms. Cooper admitted to making a cash withdrawal from a bank customer's account by forging the customer’s signature on the withdrawal slip.
In plea papers, Ms. Cooper also admitted to using a credit card issued by FirstCapital Bank of Texas for personal expenses including payments to a cell phone company and various restaurants.
In total, Mrs. Cooper caused at least $32,171.00 of losses to the bank and its customers. She now faces up to 30 years in federal prison. A sentencing date is set for April 20, 2021 before U.S. District Judge Matthew J. Kacsmaryk.
The FBI and Amarillo Police Department conducted the investigation. Assistant U.S. Attorney Sean Taylor is prosecuting the case.
Six Charged in Frequent Flier FraudRead the Press Release
Six men have been charged with stealing millions of airline frequent flier miles, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
A federal grand jury indicted Wojciech Borkowski (43, of Zgierz, Poland), Terran Oliver (51, of Allen, TX), Semaj Lee (55, of Oklahoma City, OK), Derrick Booker (49, of Spencer, OK), Yusuf Siddique (30, of Folsom, CA), and Stanley Benton (42, of Los Angeles, CA) on conspiracy to commit wire fraud in August 2019.
The lead defendant, Mr. Borkowski, was arrested in Poland in May 2020. Following a successful extradition request, he was handed over to FBI custody on Friday morning, and flown from Warsaw to Dallas over the weekend. He made his initial appearance before Magistrate Judge Renee Harris Toliver Monday morning.
According to the indictment, Mr. Borkowski allegedly hacked into consumers’ airline miles accounts, then used the compromised accounts to book flights for unsuspecting passengers who’d purchased travel through Mr. Oliver, Mr. Lee, Mr. Booker, Mr. Siddique, and Mr. Benton.
The U.S.-based passengers would send their requested itinerary and personal information, including names and dates of birth, to one of the five men, who would then send that information, along with a money order, to Mr. Borkowski. Mr. Borkowski would then book the passenger’s flight with fraudulently obtained miles and send the PRN number back to the men, who would transmit it to the passengers to generate a boarding pass.
The conspiracy involved the loss of millions of earned airline miles.
An indictment is merely an allegation of criminal conduct, not evidence. All defendants are presumed innocent until proven guilty.
If convicted, Mr. Borkowski and his coconspirators each face up to 20 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. The extradition from Poland was secured through the Justice Department’s Office of International Affairs. Assistant U.S. Attorney Sid Mody is prosecuting the case.
NDTX Round-Up: December 4-10Read the Press Release
GUILTY PLEA – VANCY BRIDGES
On December 4, Vancy Bridges, 76, plead guilty to misprision of a felony. Bridges worked as a doctor and supervised nurse practitioners for in-home patients. Bridges was unaware that that a co-worker had been previously convicted of healthcare-related fraud and had no medical training. In July 2016, Bridges observed a patient list for patients and visits that he did not perform. Bridges questioned why these patients were listed as attributed to himself. Bridges did not report the fraudulent activity to a law enforcement authority after he became aware of it. He admitted to knowing that the conduct was illegal and that another individual used his unauthorized signature to bill Medicare. Vancy faces up to 3 years in federal prison for his crimes. This case was investigated by the Department of Health and Human Services OIG and the FBI. Assistant U.S. Attorney John De La Garza is prosecuting this case.SENTENCING – LARRY DONELL BOOKER
On December 7, Larry Donell Booker, 61, was sentenced to 37 months in federal prison for conspiracy to possess with intent to distribute Hydrocodone. Booker met a confidential government source to arrange a transaction of Hydrocodone. Two days later, Booker sold the government source 1,000 pills of suspected Hydrocodone in exchange for U.S. currency. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Myria Boehm is prosecuted this case.GUILY PLEA – KEVIN RAY STANDFIELD
On December 8, Kevin Ray Standfield, 36, plead guilty to possession of a firearm by a convicted felon, possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of a drug trafficking crime. Dallas Police Officers observed Standfield at a drug house conducting what officers believed were drug transactions. Officers obtained a search warrant for the residence. While executing the search warrant, officers found Standfield in the residence running down the hallway into the bathroom with a firearm and suspected cocaine in his hands. Officers recovered powered cocaine, methamphetamine, marijuana, assorted pills, and a firearm at the residence. Standfield faces up to life in federal prison for his crimes. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Dallas Police Department. Assistant U.S. Attorney John Boyle is prosecuting this case.SENTENCING – ROBERT ELMER KERR
On December 10, Robert Elmer Kerr, 50, was sentenced to 150 months for receipt of child pornography. Kerr admitted to downloading and possessing thousands of files of child pornography on his laptop. Law enforcement conducted a forensic analysis of Kerr’s laptop and external hard drive and discovered 24,000 images and 1,000 videos depicting sexually explicit conduct and the lewd and lascivious exhibition of minors. This case was investigated by the FBI and the Irving Police Department. Assistant U.S. Attorney Camille Sparks is prosecuted this case.SENTENCING – MARIO ISABEL CARILLO PERALES
On December 1, Mario Isabel Carillo Perales, 37, was sentenced to 11 years in federal prison for possession with the intent to distribute a controlled substance. Undercover agents contacted a Mexico based methamphetamine drug dealer who agreed to sell one kilogram of methamphetamine. Perales delivered one kilogram of methamphetamine to undercover agents in exchange for U.S. currency. Perales admitted that the methamphetamine he sold originated from Mexico. He also indicated that he distributed 3.5 kilograms of methamphetamine in Dallas and one kilogram in Oklahoma. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney John Kull prosecuted this case.SENTENCING – CHRISTOPHER DEON HORTON
On December 3, Christopher Deon Horton, 35, was sentenced to 10 years in federal prison for possession with intent to distribute cocaine. In September 2019, Horton possessed approximately 100 grams of cocaine which he intended to distribute. This case was investigated by Drug Enforcement Administration and the Ennis Police Department. Assistant U.S. Attorney Phelesa Guy prosecuted this case.Dallas Men Charged with Gun, Drug CrimesRead the Press Release
Two Dallas men have been charged with gun and drug crimes, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Kewon Dontrell White, 22, was indicted on one count of felon in possession of a firearm. Mr. White – who is now facing a Dallas County murder charge in the death of rapper Melvin Nobel, also known as M03 – was arrested by ATF, the U.S. Marshals Service, and Dallas Police Department patrol officers Wednesday in Dallas’ Oak Cliff neighborhood.
Known affiliate Devin Maurice Brown, Jr, 27, was indicted on one count of felon in possession of a firearm and one count of conspiracy to possess with intent to distribute a controlled substance; he was arrested on November 19, at his residence in Oak Cliff.
“A gun in the hands of a prohibited person is not a theoretical risk, but an actual danger to the community,” said U.S. Attorney Erin Nealy Cox. “We are proud to partner with ATF and our local police departments to take armed felons and drug dealers off the streets.”
“ATF remains vigilant and steadfast in our fight against violent crime in the Dallas Metroplex. Together with the United States Attorney’s Office and our law enforcement partners, we will continue to pursue the worst of the worst lawbreakers living amongst us in our communities. If you are in the illegal possession of a firearm, be warned, no one can elude police forever,” said ATF Special Agent in Charge of the Dallas Division Jeffrey C. Boshek II.
According to a criminal complaint filed in November, law enforcement discovered a stolen AK-47 in Mr. Brown’s closet during a lawful search of his residence. They also found a botanical substance that field tested positive for synthetic cannabinoids (commonly referred to as “K2” or “spice”), a bottle of multicolored tablets that field tested positive for methamphetamine, several scales, baggies, and more than $3,200 in U.S. currency.
According to a second criminal complaint filed later that same month, law enforcement discovered a 9 mm pistol in Mr. White’s pants pocket. Mr. White fled, first on his dirt bike and then on foot, when officers attempted to effectuate a traffic stop.
Indictments are merely allegations of criminal conduct, not evidence. Like all defendants, Mr. White and Mr. Brown are presumed innocent until proven guilty in a court of law.
If convicted, Mr. White faces up to 10 years in federal prison on the gun charge. Mr. Brown faces up to 20 years on the gun and drug charges.
The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Dallas Police Department conducted the investigation with assistance from the Duncanville and Lancaster Police Departments. The U.S. Marshal’s Service assisted in the arrest. Assistant U.S. Attorneys Myria Boehm and Abe McGlothin are prosecuting the case.
Justice Department Honors Nonprofit Better Block for “Outstanding Community Involvement” in PSNRead the Press Release
The U.S. Department of Justice has recognized Dallas-based nonprofit Better Block for its support of the U.S. Attorney’s Project Safe Neighborhoods (PSN) Initiative, announced U.S. Attorney Erin Nealy Cox. The Better Block Foundation, launched in 2015 by Jason Roberts, was the sole recipient of DOJ’s “Outstanding Community Involvement” PSN award, which recognizes outstanding efforts to restore safety and security to communities across the nation.
“I’m incredibly proud of my office’s partnership with Better Block. Project Safe Neighborhoods relies on innovative solutions to reduce violent crime – a philosophy Better Block embraces as well, ” said U.S. Attorney Erin Nealy Cox. “I congratulate Jason, Krista, and the Better Block staff on this honor. We look forward to continuing our important work with them to protect and enrich this neighborhood.”
Project Safe Neighborhoods, DOJ’s signature violent crime reduction initiative, brings together state, local, and federal law enforcement, nonprofits, and community stakeholders to surge resources to cities’ most violent communities. Using sophisticated data analysis, the U.S. Attorney’s Office for the Northern District of Texas zeroed in on a hotspot in Northeast Dallas, near the intersection of Route 75 and LBJ Freeway, then convened a PSN Taskforce to address it. The Task Force combines traditional law enforcement activities -- patrolling struggling neighborhoods, apprehending violent offenders, and bringing them to justice through the courts – with innovative approaches like recidivism reduction and community engagement to make a difference in hard-hit areas.
In fall 2019, the PSN Task Force partnered with Better Block to transform a blighted intersection inside the PSN hotspot into a vibrant community plaza with updated lighting, container gardens, playground equipment, and a popup lending library. The colorful plaza – funded through PSN grants and donations from TBK Bank – quickly became a gathering place for families from the community and nearby Tasby Middle School.
A prime example of Crime Prevention Through Environmental Design (CPTED), the project has had an outsized impact: The intersection, once riddled with criminal activity, has not seen a single violent crime since the plaza was erected over a year ago.
The plaza is located at the Five Points Intersection in Dallas’ Vickery Meadow. Photos of the plaza are available here. More information on the Northern District of Texas’ PSN initiative can be found here.
Husband, Wife Sentenced in $15 Million Embezzlement SchemeRead the Press Release
A Red Oak, Texas couple has been sentenced to a combined 18+ years in federal prison for their roles in a $15 million retirement plan embezzlement scheme, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Vantage Benefits Administrators co-owner Wendy Richie, 59, pleaded guilty in June to two counts of theft from an employee benefit plan and one count of aggravated identity theft. She was sentenced Thursday by U.S. District Judge Sam Lindsay to 132 months in federal prison and ordered to pay $12.6 million in restitution.
Her husband, Vantage co-owner Jeffrey Richie, 55, pleaded guilty to two counts of aiding and abetting theft from an employee benefit plan. He was sentenced to 87 months and ordered to pay $7.4 million in restitution.
“These defendants lined their pockets at the expense of hardworking Americans saving for retirement,” said U.S. Attorney Erin Nealy Cox. “The Northern District of Texas is committed to seeking justice on behalf of vulnerable retirees and workers setting money aside for their golden years and beyond. We are proud to hold the Richies accountable for this brazen misconduct.”
“An important mission of the Office of Inspector General is to investigate allegations of fraud related to Department of Labor. We will continue to work with EBSA and our law enforcement partners to safeguard retirement benefits intended for American workers,” stated Steven Grell, Special Agent-in-Charge of the Dallas Region for the U.S. Department of Labor – Office of Inspector General.
The Richie’s company served as third party administrator for dozens of pension and retirement funds.
According to plea papers, Ms. Richie admitted to using fund beneficiaries’ personal information to submit $15.2 million in fraudulent distribution requests to Matrix Trust, the funds’ custodian. Instead of depositing the money into beneficiaries’ accounts, however, she transferred it into Vantage’s operating account, then into personal bank accounts.
Even after a Vantage employee confronted Mr. Richie about Ms. Richie’s conduct, Ms. Richie continued to embezzle money from the funds. At least $6.2 million of the $15.2 million Ms. Richie embezzled was taken with Mr. Richie’s knowledge, he admitted.
In total, the pair admitted to submitting more than 90 unauthorized distribution requests from 13 pension plans and 7 retirement plans from 2014 and 2017.
The Department of Labor – Office of Inspector General, the Federal Bureau of Investigation, the Department of Labor’s Employee Benefits Security Administration, and the Texas State Auditor’s Office conducted the investigation. Assistant U.S. Attorneys Nick Bunch and Christopher Stokes prosecuted the case.
Michigan Man Charged with Transporting Minor for Criminal Sexual ActivityRead the Press Release
The U.S. Attorney’s Office for the Northern District of Texas has charged a Michigan man with traveling with a child across state lines in order to commit a sex crime, announced U.S. Attorney Erin Nealy Cox.
Thomas John Boukamp, 20, was charged via criminal complaint Sunday with transportation of a minor with intent to engage in criminal sexual activity.
Mr. Boukamp was arrested at a residence in Alden, Michigan on Sunday morning, and made his initial appearance in federal court in Grand Rapids Monday afternoon.
FBI Victim Specialists reunited the minor with her family this weekend.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Boukamp is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to life in federal prison.
The Lubbock Police Department’s Special Victims Unit and the Federal Bureau of Investigation’s Lubbock Resident Agency conducted the investigation with assistance from a Michigan State Police SWAT team and the Antrim County Sheriff’s Department. Assistant U.S. Attorneys Jeff Haag and Callie Woolam are prosecuting the case.
For-Profit Trade School Owner Charged with Defrauding VA, Student VeteransRead the Press Release
The owner of a for-profit trade school has been charged with defrauding the U.S. Department of Veterans Affairs and student veterans, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Jonathan Dean Davis, the 43 year-old owner of Retail Ready Career Center, was indicted Wednesday on seven counts of wire fraud, two counts of aggravated identity theft, and four counts of money laundering. Mr. Davis voluntarily surrendered and made his initial appearance before U.S. Magistrate Judge Rebecca Rutherford Monday.
According to the indictment, Mr. Davis owned and operated Retail Ready Career Center, Inc., a for-profit corporation that marketed its six-week HVAC training course to veterans, whose tuition and fees would be covered by the Veteran’s Educational Assistance Act of 2008, also known as the post-911 GI Bill.
In order to receive GI Bill approval and funding from the VA, Mr. Davis allegedly lied to the Texas Workforce Commission (TWC), the Texas Veterans’ Commission (TVC), and the VA, stating that Retail Ready had been continuously operating as an educational institution for at least two years, when in truth, Retail Ready had never trained any students. He also certified that there were no criminal or civil actions against him, when in fact he was facing a criminal charge and multiple civil judgements. He also mislead a CPA and lied to the TWC, the TVC, and the VA about Retail Ready’s financial condition.
Mr. Davis allegedly concealed Retail Ready’s fraudulently-obtained VA approval from veteran applicants, to whom he also allegedly misrepresented graduates’ career prospects.
Mr. Davis typically charged the VA $18,000 to $21,000 per student-veteran per course. In total, he received over $71 million in GI Bill benefits from the VA.
The indictment alleges that Mr. Davis used the proceeds from his fraud to purchase a home on Lake Forest Drive, in Dallas, Texas, a Lamborghini Aventador, Ferrari 488, and Bentley Continental GT.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Davis is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 184 years in federal prison.
The VA’s Office of Inspector General conducted the investigation with the assistance of the Federal Bureau of Investigation’s Dallas Field Office and the United States Postal Inspection Service’s Fort Worth Field Office. Assistant U.S. Attorneys Douglas Brasher and Fabio Leonardi are prosecuting the case.
NDTX Round-Up: November 13-19Read the Press Release
GUILTY PLEA – MICHAEL DYWAYNE HARRIS
On November 17, Michael Dywayne Harris, 39, plead guilty to possession with intent to distribute cocaine. A coconspirator requested Harris to deliver four kilograms of cocaine to a Dallas area drug house. After delivering the cocaine and collecting the drug proceeds, Harris was stopped by Dallas Police Officers. The officers searched Harris’s car and found $67,137.81 in drug proceeds, cocaine, and pills. Harris faces up to 40 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Suzanna Etessam is prosecuting this case.
GUILTY PLEA – OLAYINKA ELIZABETH TAIWO
On November 17, Olayinka Elizabeth Taiwo, 34, plead guilty to make a false statement in an application for a passport. Taiwo submitted an executed passported application to the United States Post Office. In her application, Taiwo used another individuals name and personal identifying information as her own. Taiwo faces up to 10 years in federal prison for her crimes. This case was investigated by the U.S. Department of State and the FBI. Assistant U.S. Attorney Walt Junker is prosecuting this case.
SENTENCING – AIRUN DAMON DUNN
On November 18, Airun Damon Dunn, 25, was sentenced to 105 months in federal prison for possession with intent to distribute a controlled substance. Dunn sold heroin to another individual five times. In connection with the heroin sales, Dunn unlawfully sold three firearms. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive. Assistant U.S. Attorney P.J. Meitl prosecuted this case.
Final Defendant Sentenced to More than 17 Years in MS-13 CaseRead the Press Release
An MS-13 gang member was sentenced Tuesday to more than 17 years in federal prison for his role in a brutal machete attack at an apartment complex in Dallas, Texas.
Arnold Stephen Miralda-Cruz, age 23, pleaded guilty in February to RICO conspiracy, and was sentenced Tuesday to 210 months in federal prison by U.S. District Judge Jane J. Boyle. Miralda-Cruz is the last of seven defendants sentenced in the case.
“With this sentencing, seven MS-13 gang members responsible for multiple brutal attacks in the Dallas area have now been brought to justice,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The Department of Justice will not waver in its commitment to dismantle and destroy the scourge of MS-13.”
“MS-13 is one of the most vicious gangs operating in America today,” said U.S. Attorney Erin Nealy Cox of the Northern District of Texas. “When machete-wielding gang members terrorize our streets, they will be met with certain justice. The Northern District of Texas thanks our law enforcement partners, led by Homeland Security Investigations, who worked tirelessly to take seven brutal men out of our community.”
“This sentencing brings an end to the violence posed by these criminal gang members who have inflicted mayhem in our communities without any remorse or empathy for anyone,” said Deputy Agent in Charge Christopher M. Miller of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Dallas. “The violent crimes this thug and his cohorts committed for the sake of street credibility and their gang’s reputation has ended with this illegal perpetrator behind bars.”
According to court documents, the defendants – mostly El Salvadorian nationals in the United States illegally – admitted they belonged to MS-13, a notoriously violent transnational street gang with the creed, “kill, rob, rape, control.” As members, the defendants were required to commit acts of violence to protect the gang’s reputation, and were urged to attack and kill rivals whenever possible.
To that end, on July 14, 2017, Miralda-Cruz and several other gang members, including codefendants Rolan Ivan Hernandez Fuentes and Jerson Gutierrez-Ramos, ambushed a rival gang member and his roommate inside an apartment complex in Dallas. Armed with machetes, knives, box cutters, and a metal bar, they struck, stabbed, and cut the victims with intent to kill. The attack left one man with his chest and neck sliced open, necessitating emergency cardiac surgery, and the other with lacerations to his face, requiring hospitalization. Following the attack, Hernandez-Fuentes licked the victims’ blood from the machete and stated that he liked the “taste of victory.”
The following day, on July 15, 2017, Miralda-Cruz, Hernandez-Fuentes, Gutierrez-Ramos, and another gang member attacked and extorted a third man outside his home in Irving. Armed with a machete from the night before, Hernandez-Fuentes forced the victim to kneel, then kicked him and stuck him with the machete. The group demanded the victim, a heroin dealer, pay their MS-13 clique an extortion fee, a “tax,” to deal drugs in their territory.
On Aug. 9, 2017, several gang members attacked another rival gang member at an apartment complex in Dallas, intending to kill the victim. Armed with a sledgehammer, an icepick, a metal bar, a stick, and a knife, they chased the victim, caught him when he tripped, and then attacked him. The victim, who managed to escape, suffered stab wounds to his back and lacerations on several parts of his body, requiring hospitalization.
On Aug. 19, 2017, several gang members attacked and robbed another rival gang member at an apartment complex in Irving. Hernandez-Fuentes approached the victim near a Shell gas station and lured him to a nearby apartment complex where his fellow gang members were waiting. After robbing the victim, they savagely beat, kicked, and hit him with a metal bat until they thought that he was dead. The victim suffered a fractured skull and bleeding from his brain, requiring hospitalization.
In late August, several gang members plotted twice to kill a man believed to be a member of a rival gang. They first lured the victim to a park in Dallas, where they lay in wait with machetes and a shotgun. The victim ultimately refused to get out of his car, and they aborted the plan to kill him. A few days later, they renewed the plot. At an apartment complex in Dallas, they confronted the victim with a shotgun. Gutierrez-Ramos pointed the shotgun at the victim’s chest to shoot him, but the weapon jammed and did not fire. The victim managed to drive away.
On Sept. 25, 2017, Hernandez-Fuentes, Gutierrez-Ramos, and other MS-13 gang members went to Running Bear Park in Irving to ambush and kill a victim whom they believed to be a rival gang member. Armed with machetes, sticks, and a shotgun, they lured the victim to the park under the guise that they were going to buy a tattoo machine from him. The victim, however, unexpectedly arrived at the park with three friends. Nonetheless, the victims were lured to the back of the park where the armed gang was hiding in the woods and waiting to spring. When the victims arrived near the wooded area, the armed gang confronted them and forced them to kneel.
A brutal attack ensued as the assailants hacked at the four victims with their machetes. One male victim escaped unscathed. During the attack, Hernandez-Fuentes hit one male victim with the shotgun and told him not to “mess with the mara (gang).” At some point, Hernandez-Fuentes got distracted, and the victim ran away. Hernandez-Fuentes fired at the victim but missed, and the victim escaped by swimming across a pond. Another male victim also escaped after he sustained a serious cut to his arm, which required hospitalization. The female victim, however, was not so fortunate. She was savagely maimed, sustaining multiple deep lacerations to her arms, hands, and leg from the machete attack. The female victim, who was left for dead badly bleeding in the park, sustained permanent and life-threatening injuries, which required extensive medical care and hospitalization. After the attack, the attackers drove away with their weapons and property stolen from the victims. The police arrested the attackers in the days following the savage assault.
Other sentences in the case are as follows:
- Rolan Ivan Hernandez-Fuentes, aka “Tasmania,” sentenced to life in federal prison for RICO conspiracy
- Jerson Gutierrez-Ramos, aka “Sparky,” sentenced to 475 months in federal prison for RICO conspiracy
- Arnold Steven Miralda-Cruz, aka “Sico,” sentenced to 210 months in federal prison for RICO conspiracy
- Kevin Cruz, aka “Street Danger,” sentenced to 250 months in federal prison for RICO conspiracy
- Manuel Amaya-Alvarez, aka “Chocolate,” sentenced to 240 months for two counts of attempted murder in aid of racketeering
- Jose Armando Saravia-Romero, aka “Pinky,” sentenced to 57 months in federal prison for assault with a dangerous weapon in aid of racketeering
- Jonathan Alexander Baires, aka “Splinter,” sentenced to 120 months for attempted murder in aid of racketeering
HSI, the Irving Police Department, and the Dallas Police Department conducted the investigation. Trial Attorney Julie Finocchiaro of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Gary Tromblay and Sid Moody prosecuted the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Rolan Ivan Hernandez-Fuentes, aka “Tasmania,” sentenced to life in federal prison for RICO conspiracy
Final Defendant Sentenced to 17+ Years in MS-13 CaseRead the Press Release
An MS-13 gang member was sentenced this week to more than 17 years in federal prison for his role in several brutal machete attacks at apartment complexes in Dallas, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox and Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.
Arnold Stephen Miralda-Cruz, 23, pleaded guilty in February to RICO conspiracy, and was sentenced Tuesday afternoon to 210 months in federal prison, an upward departure by U.S. District Judge Jane J. Boyle. Mr. Miralda-Cruz is the last of seven defendants sentenced in the case.
“MS-13 is one of the most vicious gangs operating in America today,” said U.S. Attorney Erin Nealy Cox. “When machete-wielding gang members terrorize our streets, they will be met with certain justice. The Northern District of Texas thanks our law enforcement partners, led by Homeland Security Investigations, who worked tirelessly to take seven brutal men out of our community.”
“With this sentencing, seven MS-13 gang members responsible for multiple brutal attacks in the Dallas area have now been brought to justice,” said Acting Assistant Attorney General Brian C. Rabbitt. “The Department of Justice will not waver in its commitment to dismantle and destroy the scourge of MS-13.”
“This sentencing brings an end to the violence posed by these criminal gang members who have inflicted mayhem in our communities without any remorse or empathy for anyone,” said Christopher M. Miller, deputy agent in charge Homeland Security Investigations Dallas. “The violent crimes this thug and his cohorts committed for the sake of street credibility and their gang’s reputation has ended with this illegal perpetrator behind bars.”
According to court documents, the defendants – all El Salvadorian and Honduran nationals in the United States illegally – admitted they belonged to MS-13, a notoriously violent transnational street gang with the creed, “kill, rob, rape, control.” As members, the defendants were required to commit acts of violence to protect the gang’s reputation, and were urged to attack and kill rivals whenever possible.
To that end, on July 14, 2017, Mr. Miralda-Cruz and several other gang members, including codefendants Rolan Ivan Hernandez Fuentes and Jerson Gutierrez-Ramos, ambushed a rival gang member and his roommate inside an apartment complex in Dallas. Armed with machetes, knives, box cutters, and a metal bar, they struck, stabbed, and cut the victims with intent to kill. The attack left one man with his chest and neck sliced open, necessitating emergency cardiac surgery, and the other with lacerations to his face, requiring hospitalization. Following the attack, Mr. Hernandez-Fuentes licked the victims’ blood from the machete and stated that he liked the “taste of victory.”
The following day, on July 15, 2017, Mr. Miralda-Cruz, Mr. Hernandez-Fuentes, and Mr. Gutierrez-Ramos attacked and extorted a third man outside his home in Irving. Armed with the a machete from the night before, Mr. Hernandez-Fuentes forced the victim to kneel, then kicked him and stuck him with the machete. The group demanded the victim, a heroin dealer, pay their MS-13 clique an extortion fee, a “tax,” to deal drugs in their territory.
On August 9, 2017, several gang members attacked another rival gang member at an apartment complex in Dallas, intending to kill the victim. Armed with a sledgehammer, an icepick, a metal bar, a stick, and a knife, they chased the victim, caught him when he tripped, and then attacked him. The victim, who managed to escape, suffered stab wounds to his back and lacerations on several parts of his body, requiring hospitalization.
On August 19, 2017 several gang members attacked and robbed another rival gang member at an apartment complex in Irving. Hernandez-Fuentes approached the victim near a gas station and lured him to a nearby apartment complex where his fellow gang members were waiting. After robbing the victim, they savagely beat, kicked, and hit him with a metal bat until they thought that he was dead. The victim suffered a fractured skull and bleeding from his brain, requiring hospitalization.
In late August, several gang members plotted twice to kill a man believed to be a member of a rival gang. They first lured the victim to a park in Dallas, where they lay in wait with machetes and a shotgun. The victim ultimately refused to get out of his car, and they aborted the plan to kill him. A few days later, they renewed the plot. At an apartment complex in Dallas, they confronted the victim with a shotgun. Mr. Gutierrez-Ramos pointed the shotgun at the victim’s chest to shoot him, but the weapon jammed and did not fire. The victim managed to drive away.
On September 25, 2017, Mr. Hernandez-Fuentes, Mr. Gutierrez-Ramos, and other MS-13 gang members went to Running Bear Park in Irving to ambush and kill a victim whom they believed to be a rival gang member. Armed with machetes, sticks, and a shotgun, they lured the victim to the park under the guise that they were going to buy a tattoo machine from him. The victim, however, unexpectedly arrived at the park with three friends. Nonetheless, the victims were lured to the back of the park where the armed gang was hiding in the woods and waiting to spring. When the victims arrived near the wooded area, the armed gang confronted them and forced them to kneel.
A brutal attack ensued as the assailants hacked at the four victims with their machetes. One male victim escaped unscathed. During the attack, Hernandez-Fuentes hit one male victim with the shotgun and told him not to “mess with the mara (gang).” At some point, Hernandez-Fuentes got distracted, and the victim ran away. Hernandez-Fuentes fired at the victim but missed, and the victim escaped by swimming across a pond. Another male victim also escaped after he sustained a serious cut to his arm, which required hospitalization. The female victim, however, was not so fortunate. She was savagely maimed, sustaining multiple deep lacerations to her arms, hands, and leg from the machete attack. The female victim, who was left for dead badly bleeding in the park, sustained permanent and life-threatening injuries, which required extensive medical care and hospitalization. After the attack, the attackers drove away with their weapons and property stolen from the victims. The police arrested the attackers in the days following the savage assault.
Other sentences in the case are as follows:
- Rolan Ivan Hernandez-Fuentes, aka “Tasmania,” sentenced to life in federal prison for RICO conspiracy
- Jerson Gutierrez-Ramos, aka “Sparky,” sentenced to 475 months in federal prison for RICO conspiracy
- Arnold Steven Miralda-Cruz, aka “Sico,” sentenced to 210 months in federal prison for RICO conspiracy
- Kevin Cruz, aka “Street Danger,” sentenced to 250 months in federal prison for RICO conspiracy
- Manuel Amaya-Alvarez, aka “Chocolate,” sentenced to 240 months for two counts of attempted murder in aid of racketeering
- Jose Armando Saravia-Romero, aka “Pinky,” sentenced to 57 months in federal prison for assault with a dangerous weapon in aid of racketeering
- Jonathan Alexander Baires, aka “Splinter,” sentenced to 120 months for attempted murder in aid of racketeering
The defendants, who were in the United States illegally at the time of the crimes, may be subject to deportation after serving their sentences.
Homeland Security Investigations, the Irving Police Department, and the Dallas Police Department conducted the investigation. Assistant U.S. Attorneys Gary Tromblay and Sid Moody are prosecuting the case with Trial Attorney Julie Finocchiaro of the Department of Justice's Organized Crime and Gang Section.