Southern District of Texas

CORPUS CHRISTI, Texas – A 36-year-old Corpus Christi resident who was involved in a shooting at a local convenience store has admitted to unlawful ammunition possession, announced U.S. Attorney Ryan K. Patrick.

Billy Boortz is a member of the Homietos outlaw motorcycle gang.

On May 11, 2019, Boortz was engaged in a physical altercation with another man. He then returned to a vehicle, retrieved a weapon and fired several rounds at the victim, hitting him in the foot.  

Agents were able to identify Boortz using video footage. He had been taken into custody at a local hospital on May 26, 2019, where he was treated for a gunshot wound he received after another shooting.

Boortz was previously convicted of multiple felony offenses, including assault on a public servant, evading arrest with a vehicle and unlawful possession of a firearm by a felon. He is, therefore, prohibited from possessing firearms or ammunition per federal law.

Sentencing has been set for Oct. 22, 2019, before U.S. District Judge David S. Morales. At that time, Boortz faces up to 10 years in prison.

He has been and will remain in custody pending that hearing.  

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Corpus Christi Police Department Gang Unit conducted the investigation. Assistant U.S. Attorney David Paxton is prosecuting the case.

BROWNSVILLE, Texas – Federal authorities have arrested a Weslaco attorney following the return of an indictment alleging conspiracy and bribery involving immigration detention employees, announced U.S. Attorney Ryan K. Patrick.   

Today, law enforcement took Roel Alaniz, 39, of Weslaco, into custody. He is expected to make his initial appearance before U.S. Magistrate Judge Ignacio Torteya III tomorrow at 10:00.

The seven-count indictment, returned yesterday, alleges he obtained “alien detainee roster lists” from immigration detention employees who received cash payments in return.

In May 2019, a federal grand jury also indicted Benito Barrientez, 42, of Lyford, Damian Ortiz, 30, of Weslaco, and Exy Adelaida Gomez, 42, of Los Fresnos. Barrientez and Ortiz were employed at the Willacy County Regional Detention Center, while Gomez was employed at the El Valle Detention Center. Both facilities are located in Raymondville.

Barrientes, Ortiz and Gomez allegedly obtained these lists from the El Valle Detention Center and the Port Isabel Detention Center while employed in their capacities as classification clerk, senior program director and corrections officer, respectively. 

These three are charged with providing the lists which contained names, dates of birth, country of origin and “A-numbers” of alien detainees to Alanis. The indictment alleges Alanis, an attorney with a practice in in the Rio Grande Valley, paid money in return. He would then visit, or instruct others to visit, illegal aliens for the purpose of hiring his law firm as their attorney in immigration proceedings, according to the charges.

If convicted, Alanis faces up to 15 years for bribery and a maximum of five years for the conspiracy. The charges also carry a possible penalty of $250,ooo.

Immigration and Customs Enforcement (ICE) – Office of Professional Responsibility conducted the investigation along with Department of Homeland Security – Office of Inspector General and ICE’s Homeland Security Investigations. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.

A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas – Two men involved with a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County have been ordered to prison, announced U.S. Attorney Ryan K. Patrick.

Miguel Marin Cerda, 31, pleaded guilty to possessing with the intent to distribute more than five kilograms of cocaine, while his nephew - Alfredo Avalos-Sanchez, 27 - pleaded guilty to conspiring to commit Hobbs Act robbery.

Today, U.S. District Judge Micaela Alvarez ordered Cerda to serve 130 months in prison, while Avalos-Sanchez received an 87-month-term of imprisonment. Cerda and Avalos-Sanchez are Mexican citizens who illegally resided in Mission. As such, they are expected to face deportation proceedings following their prison sentences.

In considering their violent crimes, Judge Alvarez stated the events forming the charges are incidents that have come to be expected in Mexico and other Central American countries which do not allow residents to feel safe. The court noted that even though some victims were often drug traffickers themselves, it does not excuse the defendants’ behavior. She furthered that drug trafficking is bad in itself, but is exacerbated when combined with carjackings and home invasions.

The defense argued their actions were mistakes, but the court concurred with prosecutors that these were intentional profit-driven actions. They continued to engage in conduct even after prior arrests for similar conduct and close calls with life and death events. Such instances included violent crimes involving totaled vehicles and multiple discharges of firearms which could have taken lives.

In imposing the prison terms, the court considered multiple offenses. As a result of the conspiracy, the organization terrorized local residents with multiple home invasions and carjackings as well as the distribution or attempted distribution of multiple kilograms of cocaine and hundreds of kilograms of marijuana. 

Specifically, the court considered their involvement in a carjacking March 12, 2017, in McAllen in which co-conspirators took a car believed to contain a controlled substance. Another instance occurred in Pharr in April 2017 which involved the discharge of firearms in a residential neighborhood in efforts to steal approximately 14 kilograms of cocaine contained within two vehicles. 

The men also were also part of a home invasion June 6, 2017, in McAllen. The organization actually entered the wrong residence and terrorized a family, including a pregnant female.

Cerda was further held partially accountable for an April 2017 home invasion in San Juan, in which other co-conspirators assaulted juveniles in efforts to steal multiple kilograms of cocaine.

Cerda and Avalos-Sanchez have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Others who have also pleaded guilty in the conspiracy and are pending sentencing include Roberto Lee Rodriguez aka el Tio or Pica, 39, and Sergio Alejandro Gallegos aka Tovy, both of Mission; and Mexican nationals Jose Garcia-De La Torre aka Coco, 22, Carlos Guadalupe Aquino-Pacheco aka Tomy, 20, Gustavo Angel DeLeon-Covarrubias aka Tripa, 19, Jose Arturo Reyes-Sanchez aka Gordo, 19; and Cesar Alejandro Tovar-Guillen aka Nucho or el Sobrino, 31.

They all also remain in custody.

The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations, Hidalgo County Sheriff’s Office, Texas Department of Public Safety Regional Crime Lab and police departments in McAllen, Pharr, San Juan, Mission and Palmview. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade are prosecuting the case.

CORPUS CHRISTI, Texas - A 57-year-old Guatemalan national has admitted to two federal felonies after sexual assault conviction, announced U.S. Attorney Ryan K. Patrick.  

On or about July 19, 2002, Jose Paxtor-Chiroy was convicted of aggravated sexual assault of a five-year-old child in Harris County. Following his state prison sentence, federal authorities ordered he be deported from the United States and to not return. He was also ordered to register as a sex offender.

He had previously faced removal proceedings on two other occasions.

In the early morning hours of Feb. 27, 2018, authorities located Paxtor-Chiroy walking through a ranch near Sarita. He was attempting to avoid the Border Patrol (BP) checkpoint. At the time of his arrest, he admitted he unlawfully entered the United States by traveling across the Rio Grande River near Hidalgo County.

Under the Sex Offender Registration and Notification Act (SORNA), convicted sex offenders must provide registration updates annually or quarterly, depending on the reportable conviction. Today, Paxtor-Chiroy admitted in federal court that he failed to do so as required. He also pleaded guilty to illegal re-entry into the United States after deportation.

U.S. District Judge Nelva Gonzales Ramos will impose sentencing Nov. 6, 2019. For the immigration offense, he faces up to 20 years in federal prison, while the  failing to update his sex offender registration carries a potential 10-year-term of imprisonment. Both convictions also carry a potential $250,000 maximum fine. Not a U.S. citizen, he is again expected to face deportation proceedings.

Paxtor-Chiroy has been and will remain in custody pending that hearing.

Customs and Border Protection and the U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Reid Manning is prosecuting the case.

HOUSTON – A 23-year-old Houston man has been ordered to federal prison following his conviction of two counts of brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.

David Steve Elias pleaded guilty July 16, 2018. 

Today, U.S. District Judge David Hittner ordered him to serve 150 months for each offense to run consecutively for a total of 300 months, which will be immediately followed by three years of supervised release. The sentence was enhanced based on the violent nature of the crimes.

Co-defendant Lawrence Benjamin Gordon, 23 of Houston, pleaded guilty to one count of carjacking and one count of brandishing a firearm and received a total sentence of 180 months in federal prison Feb. 27, 2019.

On July 21, 2017, Elias and Gordon successfully carjacked a victim of his Toyota Rav4. The victim was not able to identify either of the suspects, but said that the Hispanic male, later identified as Elias pistol whipped him and told the other  accomplice, Gordon, to “grab his [sic].”

On July 22, 2017, Elias and Gordon were both armed when they carjacked a another victim and her boyfriend, stealing a black Lincoln. During the altercation, both defendants pointed the pistols at the victim and ordered them out of the vehicle, at which time Elias struck the male victim in the head with his gun.

The defendants also stole the victim’s iphone. Based on its location, police were able to find Elias and Gordon, followed them for a short while and ultimately  attempted to apprehend both men. Elias got out of the vehicle and shot several rounds at the police and attempted to run. Gordon was apprehended from the vehicle.

The victim was later able to identify both of the defendants from a photo lineup, indicating Elias was the one who pistol whipped him.

At the time of their arrest, Gordon admitted he and Elias were involved in the carjacking of Rav4 and the Lincoln. Elias attempted to flea on foot and shot at the police, one police officer was injured with shards of glass from his windshield. 

Both men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and Houston Police Department conducted the investigation. Assistant U.S. Attorney Jennie Basile is prosecuting the case.

BROWNSVILLE, Texas – A 63-year-old U.S. citizen from South Texas has been ordered to federal prison following his conviction of possessing of child pornography, announced U.S. Attorney Ryan K. Patrick.

Charles Elmer Fankhauser pleaded guilty Aug. 28, 2018.

Today, U.S. District Judge Fernando Rodriguez ordered he serve 97 months. Following the term of imprisonment, Fankhauser must also serve 10 years of supervised release during which time he during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.

At the hearing, the court read excerpts from several impact statements as demonstrating that this is not a victimless crime.

On or about Dec. 26, 2017, authorities initiated an investigation of child pornography sharing which led them to Fankhauser’s address in Harlingen. A search warrant later yielded a laptop computer on which forensic analysis showed approximately 33,914 images and 1,776 videos of child pornography.

Fankhauser was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Assistant U.S. Attorneys Jason Corley and Ana C. Cano prosecuted the case.

HOUSTON – A 20-year-old Houston man has been ordered to federal prison after admitting to pointing a green laser light at an Airbus AS350 B2 helicopter while it was in the air, announced U.S. Attorney Ryan K. Patrick. Bryan Aldana pleaded guilty Monday, April 22, 2019.

Today, U.S. District Judge Lynn N. Hughes handed Aldana a 48-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, the court noted Aldana’s irresponsible behavior shows he did not give thought to the people flying the aircraft and to the people on the ground. “The world is about responsibilities to other people,” said Hughes.

On June 23, 2018, Texas Department of Public Safety (DPS) agents were flying a the helicopter on routine law enforcement patrol. At approximately 9:00 p.m., they were headed in the northwest direction along highway US-290 when agents observed a flash of green light coming from the left side of the aircraft. At the time, they were at approximately 1000 feet elevation and traveling at a speed of 70-80 knots.

The pilot reversed the aircraft back to the southeast direction and was illuminated again by the green laser, which was powerful enough to light up the entire cockpit. The light caused a glare in the pilot’s eyes and obstructed his vision, forcing him to turn his head and maneuver the Airbus away from it. The pilot also had to close and shield his eyes from the flashing green laser inside the cockpit.

The investigation led to the source of the light at a business near the intersection of Hollister and Pitner Roads in Houston. Aldema was soon identified with the help of the Houston Police Department (HPD) and the store’s security cameras.

Video recordings show Aldana aiming a green laser up in the sky several times and a green laser pointer at the helicopter while sitting in a chair next to a silver sedan. He was also seen placing the green laser device through the opening of the silver sedan window on to the backseat.

Officers seized the laser and submitted it to a National Aeronautics and Space Administration scientist to be examined. The scientist concluded the laser pointer is a Class IIIB laser system and produced a “laser beam” which could result in serious and possibly permanent retinal damage.

Previously released on bond, Aldana appeared before Judge Hughes June 28, 2019, at which time the court found he had violated the terms of his release and ordered Aldana into custody. He will remain there pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI, HPD and DPS conducted the investigation. Assistant U.S. Attorney Joe Porto is prosecuting the case.

HOUSTON – A federal jury in Houston has convicted two law enforcement officers and a confidential source on drug trafficking charges, announced U.S. Attorney Ryan K. Patrick.

The jury deliberated for approximately four hours before convicting Carmen Saldaňa Meyer, a 64-year-old resident of Mission; and former Edinburg Police Department officer Hector Beltran, 44, and former Border Patrol agent Daniel Polanco, 38, both of Edinburg.

The jury heard the investigation began in 2011 when authorities targeted a drug trafficking organization involved in stealing loads of cocaine from sources of supply. The organization had created fake bundles of drugs and used law enforcement officers to seize them in order to cover up the theft.

During the two-week trial, the government presented evidence that Beltran and Polanco abused their positions of trust as law enforcement officers to further the conspiracy. The jury heard they had seized fake bundles of cocaine and provided co-conspirators with police reports of the seizure.

Meyer was an FBI confidential source and would deliver the seizure paperwork to Gulf Cartel associates in Mexico as proof law enforcement had seized the cocaine as opposed to being stolen and sold.

The jury heard Beltran, Polanco and Meyer all received a payment from drug proceeds.

All three defendants testified at trial and denied participating in the scheme.

The did not believe their claims and convicted all three of conspiracy to possess with intent to distribute more than five kilograms of cocaine. Polanco and Meyer were also found guilty of one and two counts, respectively of possession with intent to distribute cocaine. Polanco was further convicted of making a false statement to federal agents, while Meyer was also found guilty of kidnapping.

All face a minimum of 10 years and up to life in prison as well as a possible $10 million fine. U.S. District Judge Keith P. Ellison has sentencing for Oct. 8, 2019.  

Beltran and Polanco were permitted to remain on bond pending that hearing. Meyer has been and will remain in custody.

Nine others, including a former Houston Police Department officer and a former officer with the Harris County Constable’s Office have previously pleaded guilty and are pending sentencing.

Immigration and Customs Enforcement’s Homeland Security Investigations and Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Blue Shame. Assistant U.S. Attorney Casey N. MacDonald and Anibal J. Alaniz are prosecuting the case.

HOUSTON – A 45-year-old Houston man has been ordered to prison following his second conviction related to sex trafficking of minors, announced U.S. Attorney Ryan K. Patrick.  

Ronnie Presley, originally from Wichita, Kansas, pleaded guilty March 14, 2019.

Today, U.S. District Judge Alfred Bennett considered Presley’s criminal history, his actions as they related to the exploitation of the minor victim as well as his personal history. The court then imposed a 270-month sentence to be followed by 20 years of supervised release. He will again be ordered to register as a sex offender.  

In handing down the lengthy sentence, Judge Bennett noted that while Presley did not perpetrate acts of violence upon the minor victim, her sexual exploitation constituted repeated acts of violence. The court commented that this victim is somebody’s daughter, sister and granddaughter and should not have been caused to engage in commercial sex for anyone’s benefit.

Presley was previously convicted Oct. 4, 2012, of conspiracy to commit sex trafficking, coercion and enticement, and transportation as part of Operation Total Exposure. He was later sentenced to 96 months in prison.

While on supervised release for those offenses, a federal grand jury indicted him in 2017 for similar offenses. Once released from prison for the 2012 conviction, Presley had violated his supervised release and was sentenced to 11 months imprisonment.

While serving that sentence, Presley continued to cause a minor female to engage in commercial sex. Via jail calls and communications with third parties, Presley continued to control the minor victim. In one particular instance, the minor went to the detention facility where Presley was incarcerated and added money to his commissary account. 

Presley has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI led the investigation as part of the Human Trafficking Rescue Alliance (HTRA).

HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.

Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.

Assistant U.S. Attorneys Sherri L. Zack and Kimberly A. Leo prosecuted the case. 

McALLEN, Texas ‐ A former sergeant with the Progreso Police Department (PPD) has been ordered to serve 20 years in federal prison for drug trafficking, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Shane Folden of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) along with Special Agent in Charge Will R. Glaspy of the Drug Enforcement (DEA) and Acting Special Agent in Charge Andy Tsui of IRS-Criminal Investigation (CI).

“This sentence serves as a sobering reminder about the serious consequences for those who violate the public’s trust,” said Folden. “HSI will continue to work closely with our law enforcement partners to target and investigate those who exploit their positions for financial gain.”

A jury convicted Geovani Hernandez, 45, of Weslaco, March 7, 2019, on two counts of attempting to aid and abet the trafficking of five kilograms of cocaine following a four-day trial and approximately three hours of deliberation.   

Today, U.S. District Judge Randy Crane ordered Hernandez to serve 240 months in prison to be immediately followed by five years of supervised release. At the hearing, the court noted the evidence against Hernandez was overwhelming. In imposing the sentence, the court ruled Hernandez abused his position of trust to facilitate the drug trafficking offense and obstructed justice when he attempted to intimidate both the case agent and confidential informant to prevent them from testifying at trial.

Hernandez had been employed as a PPD sergeant from March through August 2017, when a confidential source met with him seeking assistance for a drug trafficking organization. The meetings culminated in Hernandez agreeing to scout for law enforcement to enable a vehicle he believed contained a controlled substance to pass through the Progreso area undetected.

At trial, the jury heard recordings between the informant and Hernandez discussing scouting for the drug load. The government presented evidence that once the drug load made it successfully through Progreso on July 15, 2017, Hernandez gave the informant his Progreso police badge.

The defense attempted to attack the credibility of the witnesses and denied any of Hernandez’s knowledge of the drug trafficking scheme or his attempt to participate in it. The jury was not convinced and convicted him on all counts as charged.

“The public’s trust of our law enforcement officials is very fragile; thus, DEA will always vigorously pursue allegations of drug trafficking within the ranks of the law enforcement community,” said Glaspy. “The sentence handed down today is a reminder to those who may consider betraying their badge and the public’s confidence that you will be held accountable for your actions.”

“Today’s sentencing of this former police officer should serve as a warning that anyone involved in the drug trafficker trade, especially those within a public trust position, will be held accountable for their actions,” added Tsui.

Hernandez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

HSI and Department of Homeland Security - Office of Inspector General (DHS-OIG) led the investigation into Hernandez. The case arose as a result of the larger Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Blue Shame which HSI, DHS-OIG, DEA and IRS – CI investigated. Assistant U.S. Attorneys (AUSA) James H. Sturgis and Kristen J. Rees prosecuted this case. AUSAs Anibal Alaniz and Casey Macdonald are prosecuting the related drug trafficking case.

LAREDO, Texas – A 21-year-old Georgia woman faces up to life in prison if convicted on charges of importing methamphetamine into the United States, announced U.S. Attorney Ryan K. Patrick.

Nandi Bibiano was originally charged via criminal complaint. Today, a Laredo grand jury returned a two-count indictment alleging she imported methamphetamine into the United States and conspired to do so. She is set for arraignment before a U.S. magistrate judge in the near future. 

The criminal complaint alleges Bibiano, of Brunswick, Georgia, attempted to enter the United States June 28, 2019, at the Lincoln Juarez Bridge Number 2 in Laredo. She was driving a Dodge Caravan, according to the charges. Inside, law enforcement allegedly discovered a modified compartment in the floor of the vehicle in which they recovered 88.40 kilograms of methamphetamine.

If convicted, she faces up to life in prison and a possible $10 million fine.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Jennifer Day is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas - A 22-year-old illegal alien from Honduras has been indicted on charges of human smuggling and making a false family claim, announced U.S. Attorney Ryan K. Patrick.

Luis Fernando Ortiz-Matamoros was originally charged by criminal complaint June 28, 2019. Today, a federal grand jury returned the two-count indictment. He is expected to appear for his arraignment before a U.S. magistrate judge in the near future.

On June 27, 2019, Ortiz-Matamoros allegedly crossed the Rio Grande River near Hidalgo with a young female child, also of Honduras. Martinez claimed to be traveling with his daughter and presented a fraudulent birth certificate for the juvenile, according to the charges.

The criminal complaint indicates he obtained the fraudulent document to show him as the father of the child. However, he was not the father of the child, according to the charges, and was only traveling with the child in order to successfully gain entry into the United States.

If convicted, he faces up to five years in federal prison.

Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the investigation. Assistant U.S. Attorney Matthew Redavid is prosecuting the case.  

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas - A 38-year-old Mexican national who was trying to escape from law enforcement and nearly struck a Border Patrol (BP) agent in the process has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick.

Miguel Mendez-Fajardo pleaded guilty March 28, 2019.

Today, U.S, District Judge Randy Crane ordered him to prison for a total of 44 months. Not a U.S. citizen, Mendez-Fajardo is expected to face deportation proceedings following the sentence. At the hearing, additional evidence was also provided that detailed how Mendez had been harboring aliens in his stash house for several months. In handing down the sentence, the court noted the dangerousness of his conduct, to the point where his vehicle almost careened into a ditch - just hanging over the edge the embankment.

The investigation revealed Mendez-Fajardo was harboring illegal aliens at his residence in Mission. Law enforcement observed him leave the stash house and attempted to pull him over. Instead of complying, Mendez tried to run over a BP agent, forcing the agent to jump out of the way to avoid being struck. 

Mendez continued to flee from law enforcement at high rate of speed through a neighborhood before crashing into a ditch.

Authorities ultimately discovered six illegal aliens at his stash house.

Mendez-Fajardo will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

BP conducted the investigation with assistance from the Hidalgo County Precinct 4 Constables office. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.

HOUSTON - A 22-year-old Brenham woman is set to appear in federal court following the return of a three-count indictment alleging sex trafficking of a minor, announced U.S. Attorney Ryan K. Patrick.

Samantha Sanders, previously in state custody, is expected to make her initial appearance today before U.S. Magistrate Judge Christina Bryan at 10:00 a.m.  

The federal indictment was returned June 18, 2019.

Sanders is charged with recruiting, harboring and soliciting three minor victims for commercial sex acts. The victims were under the age of 18 at the time of the sexual encounters, according to the indictment. Sanders is alleged to have benefited financially from her involvement in the trafficking of the minor victims.

If convicted, she faces a minimum of 10 years and up to life in prison.

The FBI conducted the investigation with the assistance of the Houston Police Department as part of the Human Trafficking Rescue Alliance (HTRA).

HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.

Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.

Assistant U.S. Attorneys Jill Stotts and Lisa Collins are prosecuting the case.

A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

HOUSTON – A 33-year-old Houston resident has been ordered to federal prison following his conviction of manufacturing/possessing with intent to deliver a controlled substance and discharging a firearm during a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick.

Robert Coleman pleaded guilty April 9, 2019.  

Today, U.S. District Judge Sim Lake sentenced Coleman to 70 months for the drug charges. He also received 10 years for the firearms conviction which must be served consecutively. The total 190-month term of imprisonment will be immediately followed by three years of supervised release.

The investigation revealed Coleman sold gram quantities of cocaine, crack cocaine, marijuana and pills to various customers on a regular basis. Coleman delivered to customers that were in close vicinity to his residence. Authorities also learned Coleman cooked crack cocaine in his home.

Coleman was taken into custody Nov. 6, 2018, after law enforcement executed a search warrant at his residence. As they entered, Coleman fired a pistol at the door. No one was injured at that time. 

He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.  

The Houston Police Department and FBI conducted the investigation. Assistant U.S. Attorney Jennie Basile and John M. Lewis prosecuted the case.

The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.

A Texas state district judge has been convicted of bribery and obstruction, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.

Following a six-day trial, Rodolfo “Rudy” Delgado, 65, of Edinburg, Texas, was convicted of one count of Conspiracy; three counts of Federal Program Bribery; three counts of Travel Act Bribery and one count of Obstruction of Justice.  Delgado was originally charged in January 2018 by complaint, and then indicted in February 2018.  The grand jury issued three superseding indictments. 

“Corrupt judges can harm a community’s confidence in our judicial system,” said Assistant Attorney General Benczkowski.  “Today’s verdict takes an important step toward restoring that confidence, and affirms that no one – especially not a judge – is above the law.”

“The bribery of a judge may be the worst break of the publics’ trust in government,” said U.S. Attorney Patrick.  “Rudy Delgado used his position to enrich himself.  He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back.  Delgado’s actions unfairly tarnish all his former colleagues.”

Delgado is currently a justice in the Thirteenth Court of Appeals for the State of Texas.  He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County.  As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom. 

As part of an investigation conducted by the FBI, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court.  The first two bribes totaled approximately $520 in cash and the third bribe, which occurred in January 2018, totaled approximately $5,500 in cash.  After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.

Sentencing has been set for Sept. 25, 2019.  Delgado was permitted to remain on bond pending sentencing.

The FBI conducted the investigation.  Trial Attorney Peter Nothstein of the Criminal Divison’s Public Integrity Section and Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case.

LAREDO, Texas – A 47-year old Zapata resident has been ordered to federal prison for enticement of a minor, announced U.S. Attorney Ryan K. Patrick. Matthew David Pascoe pleaded guilty April 3, 2019.

Today, U.S. District Judge Diana Saldaña sentenced Pascoe to 120 months. He was also to serve five yearson supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.

In November 2018, Pascoe communicated through an online messaging application with whom he believed was a 15-year-old girl. During these exchanges, Pascoe communicated his desire to engage in sexual intercourse and other sexual acts with the purported minor.

Pascoe arranged a date and time to meet with her with the intent to engage in sexual intercourse. He was taken into custody as he arrived at that location in Laredo Nov. 10, 2018.

Pascoe will remain in the custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Zapata County Sheriff’s Department and Laredo Police Department.

Assistant U.S. Attorney (AUSA) April Ayers-Perez and former AUSA Giselle Guerra prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

HOUSTON – A federal jury has convicted a Texas state district judge of bribery, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.

The jury convicted Rodolfo “Rudy” Delgado, 65, of Edinburg, following a six-day trial of one count of conspiracy, three counts of federal program bribery, three counts of travel act bribery and one count of obstruction of justice.

“The bribery of a judge may be the worst break of the publics’ trust in government,” said Patrick. ”Rudy Delgado used his position to enrich himself. He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back. Delgado’s actions unfairly tarnish all his former colleagues.”

“No one – especially a judge – is above the law,” said Benczkowski. “Corrupt judges erode the confidence we have in our judicial system, but this verdict goes a long way in restoring that confidence.”

Delgado is currently a justice in the 13th Court of Appeals for the State of Texas. He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County. As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom. 

As part of the investigation, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court. The first two bribes totaled approximately $520 in cash and the third bribe - in January 2018 - totaled approximately $5,500.

After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.

Sentencing has been set for Sept. 25, 2019. Delgado was permitted to remain on bond pending that hearing.

The FBI conducted the investigation. Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case along with Trial Attorney Peter Nothstein of the Criminal Division’s Public Integrity Section.

HOUSTON – Three alleged members of the 103 criminal street gang have been charged for their participation in a robbery of America’s Best Value Inn hotel, announced U.S. Attorney Ryan K. Patrick.

Two were previously in custody. Law enforcement arrested the third man - Bernard Robinson, 19 – yesterday. He is expected to make his initial appearance before U.S. Magistrate Judge Christina Bryan today at 10:00 a.m.    

A federal grand jury returned the two-count indictment April 25, 2019, against Leonard Murphy, 19, Corey Bishop, 20, and Robinson. Bishop and Murphy made their initial appearances May 2, 2019, at which time U.S. Magistrate Judge Christina Bryan found them to be a danger to the community and ordered them into custody pending further criminal proceedings. They are currently set for trial in October 2019.

The three men are each charged with one count of robbery and one count of discharging a firearm during a crime of violence. 

The indictment alleges that on July 26, 2018, law enforcement responded to an aggravated robbery at the America’s Best Value Inn on the Southeast side of Houston. Upon arrival, authorities officers discovered that a group of males had allegedly confronted the hotel’s clerk and demanded access to the cash kept in the lobby. The indictment alleges the three men pistol-whipped the clerk and ultimately shot him.

After stealing the money, they fled from the hotel and into a waiting vehicle, according to the charges.

If convicted, each faces up to 20 years imprisonment for the robbery. The firearms charges also carries a minimum of 10 years which must be served consecutively to any other prison term imposed. Each conviction also carries a possible fine of up to $250,000.

The Houston Police Department and Immigrations and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Lisa Collins is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

BROWNSVILLE, Texas – A 44-year-old Mexican national has been ordered to federal prison for being an aggravated felon who illegally re-entered the United States, announced U.S. Attorney Ryan K. Patrick.

Juan Ramon Arevalo-Guzman pleaded guilty Dec. 21, 2018. He has a history of violent felony robberies in Hidalgo County and was previously deported and ordered not to return.

Today, U.S. District Judge Rolando Olvera ordered Arevalo-Guzman to serve an 84-month term of imprisonment. Not a U.S. citizen, he is expected to again face deportation proceedings following the sentence.

Arevalo-Guzman had aggravated felony convictions in 2002 and 2008. He had terrorized and robbed U.S. citizens at knife point, including one instance in which he committed carjacking and forced the victim to drive him to another city before stealing the vehicle. 

On more than 15 separate occasions, Arevalo-Guzman robbed or caused disturbances at a local Hidalgo County church by assaulting the members in the parking lot. 

Following his last conviction, he had been removed from the United States – Feb. 15, 2017.

However, he re-entered the country illegally on or about Nov. 1, 2018. At that time authorities found Arevalos-Guzman in the Rio Grande River area near Donna.

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.  

Border Patrol conducted the investigation. Assistant U.S. Attorney Justin Schorr Dinsdale prosecuted the case.

A 20-year-old U.S. citizen from Houston, Texas, has entered a guilty plea to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.  Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ryan K. Patrick for the Southern District of Texas made the announcement.

From August 2017 until his arrest in December 2017, Kaan Sercan Damlarkaya attempted to join and support ISIS, and provided information to other ISIS supporters about the use of machetes, the homemade construction of an automatic weapon and how to build and use explosive materials. 

As part of his plans to join ISIS overseas, starting in approximately early August 2017, Damlarkaya had numerous online conversations with individuals he believed to be fellow ISIS supporters.  During these discussions, he described his intentions to travel overseas to fight for ISIS in Syria or Afghanistan.  Damlarkaya added that if he was unsuccessful in joining ISIS overseas, he would conduct an attack on non-Muslims in the United States and that it was his “dream” to be a martyr.    

Damlarkaya also provided information to other ISIS supporters, on at least two separate occasions, about ways to manufacture a bomb.  Specifically, he described how to make explosives formula using triacetone triperoxide (TATP) and cautioned  the others to “take safety seriously while you make this” to be “useful until you can strike.” 

Damlarkaya also provided other ISIS supporters with information about how to construct an automatic weapon. He also claimed that he could buy a “GIANT machete for $15” and stated “a lot of us are poor. . .  or we don't have experience.  So not all of us can get a gun or make explosives, but we can afford to buy a $15 knife.”  He claimed that he slept with a machete under his pillow ready to use if law enforcement raided his house.  

When agents arrested Damlarkaya, they executed a search warrant at his residence and found a machete by his bed. 

U.S. District Judge Andrew S. Hanen accepted the plea today and has set sentencing for Sept. 30, 2019.  At that time, Damlarkaya faces up to 20 years in federal prison and a maximum $250,000 possible fine.

He has been and will remain in custody pending that hearing.

The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Rob Jones are prosecuting the case along with DOJ Trial Attorneys Kevin Nunnally and Gregory Gonzalez of National Security Division’s Counterterrorism Section.

HOUSTON – A 21-year-old local man has been ordered to federal prison for producing child pornography after exchanges on a social media site, announced U.S. Attorney Ryan K. Patrick. Thomas Anthony Garrett pleaded guilty April 3, 2019.

“If parents or guardians are going to allow their minor children on social media, they must be very vigilant,” said Patrick. “No young child should have unsupervised access to social media and they should not have any accounts a trusted adult cannot access at any time. Sadly, there are too many predators out there that exploit children this way.”

Today, U.S. District Judge Kenneth M. Hoyt handed Garrett a sentence of 220 months. The court heard evidence regarding a pattern of abuse which rendered Garrett a repeat and dangerous sex offender. Garrett had also sexually abused two other minor males – ages nine and 12.

Garrett will serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Garrett will also be ordered to register as a sex offender.

Garrett came to the attention of law enforcement in July 2016. A relative of a 12-year-old male victim had found inappropriate messages and pictures on the minor’s iPod and brought it to authorities in Pennsylvania.

At that time, law enforcement reviewed contents of Facebook Messenger interactions between the victim and an individual later determined to be Garrett. The exchanges included several sexually-explicit images which Garrett had requested and the 12-year-old victim provided. The files included exposed genitals and a video of the minor masturbating.

Through the investigation, authorities learned Garrett met the minor victim on Facebook.

Garrett has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Southwestern Regional Police Department in Spring Grove, Pennsylvania, York County District Attorney’s Office and the FBI conducted the investigation.

Assistant U.S. Attorney Kimberly Ann Leo prosecuted the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

VICTORIA, Texas – A 47-year-old Mexican national who resided in McAllen and Houston has pleaded guilty on the day trial was set to begin, announced U.S. Attorney Ryan K. Patrick.

Humberto Ramirez-Santos admitted to his involvement in a conspiracy to transport illegal aliens between October 2011 to July 2017. The alien smuggling organization facilitated the smuggling of illegal aliens from multiple countries including individuals from China, Russia, India, Brazil, Honduras, El Salvador, Guatemala and Mexico. Ages of those smuggled into the country ranged from toddlers to the elderly but were mostly comprised of young adults. 

At the hearing today, the court heard that smuggling trips were taken every week and the total number of aliens transported are incalculable.

The organization used various methods to facilitate the smuggling. Co-conspirators drove cars and trucks to locations south of Border Patrol (BP) checkpoints. There, they were guided through South Texas ranches to avoid detection. They also used Penske trucks and tractor trailers to smuggle illegal aliens through various checkpoints.  

A particular tactic was to select a tractor trailer parked at a South Texas truck stop with a suitable temperature. They would then remove the seal and load the illegal aliens. Members of the organization would follow the vehicle to the next stop somewhere north of the checkpoint to later retrieve them. The drivers would be unaware of their human cargo and were potentially exposed to criminal liability. The aliens were then be transported in closed Penske trucks to Houston.

Ramirez-Santos provided aliens to be smuggled through his contacts in Mexico. He also trained the young members of the organization in how to do counter-surveillance and instructed younger family  members in how to move aliens.

Senior U.S. District Judge John Rainey accepted the plea and has set sentencing for Oct. 1, 2019. At that time, Ramirez-Santos faces up to 10 years in prison and a possible $250,000 fine.

Previously released on bond, he was permitted to remain on bond pending sentencing.

Immigration and Customs Enforcement’s Homeland Security Investigations, Border Patrol and Houston Police Department conducted the investigation. Assistant U.S. Attorney Patti Hubert Booth is prosecuting the case.

HOUSTON – A 20-year-old U.S. citizen from Houston has entered a guilty plea to attempting to provide material support to Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General for National Security John C. Demers.

Kaan Sercan Damlarkaya attempted to join and support ISIS from August 2017 until his arrest in December 2017. In addition to wanting to join ISIS, Damlarkaya also provided information to ISIS supporters about the use of machetes, homemade construction of an automatic weapon and how to build and use explosive materials. 

As part of his plans to join ISIS overseas, starting in approximately early August 2017, Damlarkaya had numerous conversations online with many individuals he believed to be fellow ISIS supporters. During these discussions, he described his intentions to travel overseas to fight for ISIS in Syria or Afghanistan. Damlarkaya added that if he was unsuccessful in joining ISIS overseas, he would conduct an on attack on non-Muslims in the United States and that it was his “dream” to be a martyr.     

Damalarkaya also provided information to other ISIS supporters, on at least two separate occasions, about ways to manufacture a bomb. Specifically, he described how to make explosives formula using triacetone triperoxide and cautioned  the others to “take safety seriously while you make this” to be “useful until you can strike.” 

Damlarkaya further illustrated to ISIS supporters ways to construct an automatic weapon. He claimed he could buy a “GIANT machete for $15” and stated “a lot of us are poor… or we don't have experience. So not all of us can get a gun or make explosives, but we can afford to buy a $15 knife.” He claimed he slept with a machete under his pillow ready to use if law enforcement raided his house.

When agents arrested Damlarkaya, they executed a search warrant at his residence and found a machete by his bed. 

U.S. District Judge Andrew S. Hanen accepted the plea today and has set sentencing for Sept. 30, 2019. At that time, Damlarkaya faces up to 20 years in federal prison and a maximum $250,000 possible fine. 

He has been and will remain in custody pending that hearing.

The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Rob Jones are prosecuting the case along with DOJ Trial Attorneys Kevin Nunnally and Gregory Gonzalez of National Security Division’s Counterterrorism Section.

CORPUS CHRISTI, Texas – A 22-year-old resident of Corpus Christi has entered a guilty plea to robbery and brandishing a firearm in furtherance of a crime of violence, announced U.S. Attorney Ryan K. Patrick.

Francisco Chavera appeared before U.S. Magistrate Judge Janice B. Ellington today and admitted he robbed the Texas Food Mart in the 6100 block of Williams on Aug. 5, 2018, along with Matthew Joseph Bryant, 24, Nathealle Avori Tyrell Jones, 21, and Corey Alexander Newman, 25, all of Corpus Christi.

Officers responded to the aggravated robbery and observed a vehicle matching the reported description of the suspects’ vehicle and attempted to conduct a traffic stop. The vehicle fled until crashing into a utility pole, at which time all four occupants ran. After a short foot pursuit, authorities arrested all four individuals.

At that time, law enforcement searched the vehicle and the surrounding area and discovered U.S. currency, convenience store items, cigarettes, disposable gloves and a loaded handgun with an extended magazine.

Surveillance footage at the location showed two males wearing dark clothing and bandanas covering their faces had entered the store. As one male, who was later identified as Bryant, stayed by the front door and pointed a handgun at the clerk. The other male, later confirmed to be Chavera, went behind the counter and emptied the cash register into a bag along with cigarettes and flavored cigars. Both men then took the clerk’s cellular phone and wallet before leaving the store and fleeing in a dark colored sedan Jones was driving. 

 
Bryant, Jones and Newman each pleaded guilty Jan. 31, 2019. Senior U.S. District Judge Janis Graham Jack later sentenced Bryant and Jones each to a 33-month sentence for the robbery to be followed by an additional 84 months for the firearms charge which must be served consecutively to the other sentences imposed. Both must also serve five years of supervised release following completion of their sentences.

Newman is pending sentencing before Judge Jack later this year.

Judge Jack will impose Chavera’s sentencing Oct. 31, 2019. At that time, he faces up to 20 years imprisonment and a maximum $250,000 possible fine for the robbery and a minimum of seven years for brandishing a firearm during a crime of violence which must be served consecutively to any other sentence imposed.

Chavera and Newman have been and will remain in custody pending their sentencing hearings.

The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.

LAREDO, Texas - A federal grand jury sitting in Laredo has indicted a 51-year-old Laredo resident for making a false statement and providing contraband in prison, announced U.S. Attorney Ryan K. Patrick.  

A federal grand jury returned the indictment against Oralia Aparicio July 2, 2019. She is expected to make her initial appearance before U.S. Magistrate Judge Diana Song Quiroga at 9:00 a.m. today.

Aparicio was employed by GEO Group Inc. as a Kitchen Supervisor. According to the indictment, she engaged in a prohibited relationship with a federal inmate over a period of several months at the Rio Grande Detention Center in Laredo. GEO is a Florida-based company that contracts with the Office of the Federal Detention Trustee to operate private corrections facilities.  

Aparicio allegedly made false representations in order to avoid detection. The charges allege she contributed money to and placed orders on the commissary account of a federal inmate with whom she was engaged in a prohibited romantic relationship. Aparicio also violated federal law when she provided the inmate with contraband items, such as a prescription medication, over-the counter medicine, a nasal inhaler and photographs of herself, according to the indictment.

If convicted, Aparicio could face up to five years imprisonment as well as a $250,000 maximum possible fine.  

The FBI and Department of Justice - Office of the Inspector General conducted the investigation with the assistance of the U.S. Marshals Service. 

Assistant U.S. Attorney Sebastian Edwards is prosecuting this case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas — A 22-year-old Alton man has been indicted for coercion and enticement of a minor, announced U.S. Attorney Ryan K. Patrick.

Dan Eliud Moncada-Gonzalez was originally charged by criminal complaint June 11, 2019, as he arrived at a local spot to meet whom he thought was a 13-year-old female. Today, a federal grand jury returned the indictment charging him with one count of coercion and enticement of a minor. He is expected to appear for his arraignment before U.S. Magistrate Judge Ormsby July 11, 2019.

The complaint alleges that beginning June 11, 2019, Moncada enticed an individual he believed to be a 13-year-old female on a social media app. Moncada allegedly sent multiple unsolicited sexually explicit images of himself, and others, and requested to meet in person at an agreed upon location. The charges allege that in those conversations, he described sexual acts he desired to perform.

Moncada was taken into custody as he arrived at a local park, allegedly expecting to engage in sexual activity with a minor.

If convicted, Moncada faces a minimum of 10 years in federal prison.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation as part of the Rio Grande Valley Child Exploitation Investigations Task Force.

Assistant U.S. Attorneys Michael Mitchell and Claire Nguyen are prosecuting the case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas – A 40-year-old Mission man has been charged with importing oxycodone into the United States from Mexico, announced U.S. Attorney Ryan K. Patrick. 

Jose Luis Guerra Jr., was originally charged by criminal complaint June 7, 2019, after being apprehended as he attempted to cross the border from Mexico at the Progreso Port of Entry. Today, a federal grand jury returned the four-count indictment charging him with conspiracy, importing and possessing with intent to distribute Oxycodone. He is expected to appear for his arraignment before U.S. Magistrate Judge Ormsby July 11, 2019.

Guerra allegedly attempted to enter the United States at the Progreso Port of Entry June 7, 2019, by foot. The complaint alleges he had numerous cookie boxes in his possession. Authorities searched the boxes and located approximately 3,000 oxycodone pills, totaling approximately 612 grams.

If convicted, Guerra faces up to 20 years prison and a possible $1 million maximum fine.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorneys Steven Belt and Michael Mitchell are prosecuting the case.

An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

HOUSTON - A local physician has admitted to participating in a conspiracy involving medical tests, procedures and office visits that were not medically necessary, not properly provided or both, announced U.S. Attorney Ryan K. Patrick.

Rezik Saqer, 64, a licensed anesthesiologist of Houston, entered his guilty plea before Magistrate Judge Christina Bryan this morning.

At the hearing, Saqer admitted he submitted fraudulent claims to Medicare and other private insurance companies for financial gain.

From around January 2010 through September 2015, Saqer and his co-conspirators often overbooked patient appointments to maximize billings. Unlicensed co-conspirators often conducted the follow-up appointments which frequently lasted less than the typical face-to-face time that is require. These unlicensed co-conspirators were unqualified to perform medical care in the United States. However, Saqer frequently billed and caused the billing of higher reimbursement codes.

Saqer billed, or caused to be billed, millions of dollars for medical tests, procedures and office visits that were not medically necessary, not properly provided or both.

Sentencing has been set for Oct. 22, 2019, before Chief U.S. District Judge Lee H. Rosenthal. At that time, Saqer faces up to 10 years in federal prison and a possible $250,000 maximum fine.

He was permitted to remain on bond pending that hearing.

The Drug Enforcement Administration, FBI and IRS – Criminal Investigtion conducted the investigation. Assistant U.S. Attorney Tina Ansari and Department of Justice trial attorneys Andrew Pennebaker and Devon Helfmeyer are prosecuting the case.

HOUSTON – Four Houston men will serve the rest of their lives behind bars for the robbery and murder of an armored car guard and attempted robbery and murder of another, announced U.S. Attorney Ryan K. Patrick.

A federal jury deliberated for eight hours before convicting Nelson Alexander Polk, 40, Marc Anthony Hill, 48, John Edward Scott, 43, and Bennie Charles Phillips Jr., 32, on March 29, 2019, following a nine-day trial. All were convicted of attempted interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence. The jury also convicted Hill and Polk of aiding and abetting interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence causing the death of another.

Today, U.S. District Judge David Hittner sentenced each man to life in prison for their roles in the offenses. At the hearing, the court heard from the victim’s family who described the impact of the murder on their lives. They described waiting for their son, brother and fiancé to come home from work and that he should have never had to die for “easy money.”

The sentences stemmed from the robbery and murder of a Brinks armored car guard Aug. 29, 2016, at Wells Fargo Bank located at 13120 Northwest Freeway as well as the attempted robbery of a Loomis armored car guard at Amegy Bank located at 400 N Sam Houston Pkwy E Dec. 7, 2016.

All members of the crew received at least life in prison because each member knew the scheme involved murdering the guard then stealing the money.

Hill and Polk were sentenced to two consecutive life terms followed by 240 months for their roles in both robberies and murder. Scott and Phillips received life in prison followed by a consecutive 240 months for their roles in the attempted robbery and murder of the Loomis guard at Amegy Bank. 

Hill conducted extensive surveillance at both locations and was there during the time of the Wells Fargo murder and robbery. He was also near the Amegy Bank poised to pick up the robbery crew members in a getaway vehicle.

Polk, Hill’s nephew, drove the car that would pull up on the dying guard for another crew member to get out and steal the money. Polk confessed to his roles in the crimes and admitted he knew the leader intended to “lay [the guard] down” so he could easily steal the money from the dying armored guard.

Phillips recruited Trayvees Duncan-Bush, 32, also of Houston, who would take the money off of the dying guard. He made sure that Duncan-Bush had a phone, instructions and a hotel room in preparation for the robbery/murder plot. Scott acted as an outside perimeter lookout. He alerted the crew via cell phone when the armored truck was headed towards the bank and watched for law enforcement.

At trial, the jury heard that a now-deceased individual had allegedly led the robbery crew, which would conduct extensive surveillance of banks’ ATMs and armored car routes before executing the robberies. The plan involved the leader lying in wait for the guard to begin service of the ATM. He would then shoot the guard from a distance with a high caliber rifle so another member of the robbery crew could pull up and take the money.

When law enforcement moved in to arrest the subjects Dec. 7, 2016, the leader of the crew allegedly came out firing his weapon and police responded, killing him.

Those sentenced today will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Duncan-Bush had pleaded guilty to  conspiracy to commit interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence prior to trial. He is set for sentencing Aug. 14, 2019, at which time he faces up to 20 years in prison.

The FBI, Houston Police Department and Bureau of Alcohol, Tobacoo, Firearms and Explosives conducted the investigation. Assistant U.S. Attorneys Heather Winter and Richard Hanes are prosecuting the case.

The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.

It was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

CORPUS CHRISTI, Texas – A 29-year-old Corpus Christi resident has been ordered to federal prison following his conviction for being a previously convicted felon in possession of a firearm and ammunition, announced U.S. Attorney Ryan K. Patrick. Lorenzo Cervantes pleaded guilty Feb. 19, 2019.

Today, U.S. District Judge Nelva Gonzalez Ramos sentenced Cervantes to 77 months to be immediately followed by three years of supervised release.

On Nov. 21, 2018, law enforcement was on patrol at an apartment complex in the 4600 block of Kostoryz when they observed several individuals trespassing inside a vacant apartment. Cervantes was attempting to leave as authorities approached the door. However, upon seeing the officers, he ran back into the vacant apartment. As they attempted to detain Cervantes, the officers discovered a loaded .40 caliber semi-automatic handgun on the floor next to him.

Cervantes was previously convicted of multiple felony offenses, including being a felon in possession of a firearm. As such, he is prohibited from possessing firearms and ammunition per federal law.

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.

HOUSTON – A 47-year-old resident of Brookshire has pleaded guilty to transportation of explosives with the intent to kill, injure and intimidate a person, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Perrye K. Turner of the FBI.  

Julia Ann Poff admitted to mailing a package on or about Oct. 2 - 3, 2016, that contained a homemade bomb that was addressed to the former president of the United States. As part of her plea, she also acknowledged mailing two similar packages addressed to the Texas governor and the then Acting Social Security Administrator. 

Each of those packages contained a victim-activated, booby trapped, improvised explosive device (IED) containing explosives materials.

“This was a resource-intensive investigation that involved the safety of the Texas Governor, President of the United States and the Social Security Administration,” said Turner. “Fortunately, no one was hurt, but the threat that Poff posed and the fear she incited was serious and real. The FBI spots, assesses and mitigates threats daily. For the last three years, the men and women of the FBI Bryan Joint Terrorism Task Force (JTTF) and its partners worked relentlessly to bring Poff’s life-threatening actions to an end. This is what the FBI does every day to keep our community safe, whether you reside in a private home, the Governor’s House or the White House.”

The investigation revealed that on Oct. 6, 2016, authorities intercepted a U.S. Postal Service (USPS) small, flat rate box at a White House mail handling facility at Bolling Air Force Base in the District of Columbia. They opened the package, and it appeared to contain a bomb.

An FBI explosives expert conducted an examination and determined it to be a homemade bomb.

Further examination linked the box and its contents to Julia Poff or her husband. The outer box contained a taped address label, under which they found a feline hair. Testing revealed this hair was microscopically consistent with the hairs taken from a cat the Poff family cared for and owned. Also, a box contained within the USPS box contained a micro-USB cable box, cellular phone, hobby fuse, matches, paper wadding, plastic sacks, sandpaper and two 20-ounce coke bottle caps as well as pyrotechnics and smokeless powder.

Poff’s daughter identified the phone as her old cell phone which was last seen in their home’s garage in August or September 2016. Authorities also learned Poff used her bank debit card to purchase a micro-USB box with the same bar code as the one found in the USPS package.

Poff admitted today she was solely responsible for sending the bomb-filled packages.

U.S. District Judge Vanessa Gilmore accepted the plea and has set sentencing for Nov. 18, 2019. At that time, she faces up to 10 years in federal prison and a maximum $250,000 possible fine. 

She has been and will remain in custody pending that hearing.

The Bryan FBI JTTF conducted the investigation with assistance from the U.S. Postal Inspection Service, Texas Rangers, Social Security Administration - Office of Inspector General (OIG) and Department of Agriculture - OIG. The Bryan Resident Agency JTTF is comprised of the FBI; sheriff’s offices in Brazos, Waller and Walker Counties; police departments in Bryan, Texas A&M University and College Station; Secret Service; Texas Department of Criminal Justice - OIG and Immigration and Customs Enforcement’s Homeland Security Investigations.

Assistant U.S. Attorneys Ralph Imperato, Rob Jones and Alamdar Hamdani are prosecuting the case.

Gennex Media LLC (aka Brandnex.com and PMGOA) pleaded guilty and was sentenced today for conspiring to fix prices for customized promotional products sold online to customers in the United States.  Gennex Media’s president, Akil Kurji, was also sentenced today for his role in the conspiracy. 

According to the felony charges filed on Nov. 1, 2018, and the plea agreement filed today in the U.S. District Court for the Southern District of Texas in Houston, Gennex Media, its president, Akil Kurji, and their co-conspirators agreed to fix the prices of customized promotional products sold online from May 2014 until at least June 2016.  The customized promotional products subject to the conspiracy included wristbands, lanyards, temporary tattoos, and buttons.  The defendants and their co-conspirators used social media platforms and encrypted messaging applications, such as Facebook, Skype, and Whatsapp, to reach and implement their illegal agreement.  In addition to pleading guilty, Gennex was sentenced to pay a $752,717 criminal fine.  Kurji was sentenced to eight months in custody, a $20,000 criminal fine, and three years of supervised release. 

“Today’s guilty plea and sentencings demonstrate the Division’s commitment to uncovering and prosecuting collusion that affects the online marketplace,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “We will continue to hold companies and their top executives accountable, seeking significant criminal fines and prison terms for those who violate the antitrust laws at the expense of everyday Americans.”  

“The Department of Justice’s simple message is don’t collude to fix prices,” said U.S. Attorney Ryan K. Patrick for the Southern District of Texas.  “If you are caught doing this, not only will you likely face large fines, but you could end up in federal prison.  Fixing prices hurts consumers and market competitors, whether the conspiracy involves small, logo branded items or million dollar pieces of equipment.”

“The guilty plea and sentencing handed down today should serve as a warning to those who would corrupt America’s business markets that the FBI and its partners will pursue justice for our consumers,” said Perrye K. Turner, Special Agent in Charge of FBI’s Houston Field Office.  “Such conduct will not be tolerated and there are harsh consequences for companies and their executives who violate competition law.”

To date, 11 defendants have been charged in the investigation into the online customized promotional products industry.  Of those defendants, five individuals and four companies have pleaded guilty.  The corporate guilty pleas in the investigation have resulted in criminal fines totaling almost $10 million. 

This prosecution arose from an ongoing federal antitrust investigation into price fixing in the online promotional products industry, which is being conducted by the Antitrust Division’s Washington Criminal I Office, with the assistance of the U.S. Attorney’s Office for the Southern District of Texas and the FBI’s Houston Field Office.  Anyone with information on price fixing or other anticompetitive conduct related to other products in the customized promotional products industry should contact the Antitrust Division’s Citizen Complaint Center at 888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

HOUSTON – A Mexican national and a U.S. citizen have been ordered to federal prison following their convictions of conspiracy for attempting to commit the kidnapping of a Houston man, announced U.S. Attorney Ryan K. Patrick. Julio Cesar Garcia-Longoria, a 42-year-old Mexican National from Nuevo Laredo, and Iraida Griselda Hernandez, 42, of Houston, pleaded guilty Oct. 12, 2018.

Today, U.S. District Judge David Hittner imposed a 175-month sentence for Garcia-Longoria, while Hernandez was ordered to serve 135 months to be followed by five years of supervised release. Not a U.S. citizen, Garcia-Longoria is expected to face deportation proceedings following his sentence.

Hernandez was also charged in an unrelated federal drug trafficking conspiracy involving the delivery of 7.5 kilograms of cocaine. She was also sentenced in that case today to another 135 months which was ordered to run concurrently.

Between Jan. 10-18, 2018, Garcia-Longoria enlisted the assistance of Hernandez in Houston to have a Houston man kidnaped in an effort to recoup a drug trafficking debt of up to $1.7 million. Authorities were alerted to the plot which he had participating in via cell phone from Monterrey, Mexico.

Hernandez gathered biographical information on the Houston man and identified his residence. Law enforcement contacted him and enlisted his assistance to thwart the plot. The victim agreed to pose for photos, appearing bound, which were then sent to Hernandez and Garcia-Longoria. 

The defendants made it clear the intended victim owed money to a drug cartel in Mexico and efforts should be made to extort money from the victim’s family. Garcia-Longoria stated that the victim should be killed if he tried to get away. He agreed to pay a total of between $8,000 and $10,000 for the job.  

Both will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Edward Gallagher is prosecuting the case.

LAREDO, Texas – A 50-year-old Mexican national is set to appear in federal court on charges he imported methamphetamine and heroin into the country, announced U.S. Attorney Ryan K. Patrick. Fernando Anaya-Bautista is also charged with one count of conspiracy.  

A federal grand jury returned the three-count indictment June 18, 2019, against Fernando Anaya-Bautista. He is set to appear for his arraignment before U.S. Magistrate Judge Diana Song Quiroga at 1:00 p.m. today.

Originally charged by criminal complaint, Anaya-Bautista allegedly attempted to enter the United States at the Colombia Solidarity International Bridge in Laredo May 23, 2019, driving a tractor-trailer. Following a positive K-9 alert and x-ray examination, authorities located 12 bundles of methamphetamine weighing approximately 11 kilograms along with one package of heroin with a weight of 1.06 kilograms, according to the charges. They were all allegedly located in a speaker box inside the truck.

If convicted, Anaya-Bautista faces up to life in prison and a possible $10 million fine.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from CBP. Assistant U.S. Attorney Jennifer Day is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

CORPUS CHRISTI, Texas – A 33-year-old man from Guatemala has entered a guilty plea to assaulting a Border Patrol (BP) agent and for illegally entering the country, announced U.S. Attorney Ryan K. Patrick.

In the early morning hours of March 27, 2019, authorities encounters Lorenzo Perechu-Tziquin and others attempting to circumvent the U.S. BP Checkpoint near Falfurrias. The majority of the group complied with commands. However, Perechu-Tziquin, in an effort to prevent arrest, shoved and kicked a BP agent multiple times in the chest area through a barb-wire fence. In the course of the struggle, he caused multiple lacerations to the agent’s hands and arms, which required medical attention. 

Perechu-Tziquin was eventually subdued and apprehended with the assistance of another BP agent. 

Perechu-Tziquin was previously convicted of illegal entry into the United States in August 2018 and subsequently deported.

A sentencing hearing is scheduled for Sept.18, 2019, before U.S. District Judge Nelva Gonzales Ramos. At that time, Perechu-Tziquin faces up to 20 years for each count as well as a possible $250,000 maximum fine. He has been and will remain in custody pending that hearing.  

The FBI and BP conducted the investigation. Assistant U.S. Attorney Yifei Zheng is prosecuting the case.   

HOUSTON – The final defendant in a maritime smuggling venture involving nearly 1300 kilograms of cocaine has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick.

Jose Luis Landazuri Valdes, 25-year-old Colombian national pleaded guilty in November 2018. Co-defendants Herman Julio Cuenu Valencia, a 34-year-old Columbian national and Ecuadoran national Ricardo Alberto Parraga Mendoza, 32, entered their pleas in December and November 2018, respectively.  

Today, U.S. District Judge Ewing Werlein Jr. handed Valdes a 63-month sentence. At the hearing, the court noted Landazuri Valdes and Cuenu Valencia were crewmen on the boat under the leadership of the boat captain, Parraga Mendoza. In handing down the sentence, Judge Werlein mentioned the unique character of this case involving international maritime interdiction of large quantities of cocaine, often destined for distribution in the United States.

Cuenu Valencia and Parraga Mendoza were previously sentenced to 70 and 120 months, respectively.

Not U.S. citizens, all are expected to face deportation proceedings following their sentences.

On July 3, 2018, while on routine patrol off the Pacific Coast of Colombia and Ecuador, the U.S. Coast Guard (USCG) Cutter Mohawk detected a 47-foot low profile go-fast boat 300 nautical miles northeast of the Galapagos Islands. USCG launched its small boat which approached and stopped the vessel. Officers boarded the boat and discovered three crewmen on board. 

The vessel had no flag, no registration documents, no homeport name and no indicia of identification on the hull of the vessel. Parraga Mendoza identified himself as the captain of the boat.

Officers discovered 38 bales of cocaine weighing approximately 1,280 kilograms in the hold of the boat and five sophisticated satellite communication and global positioning devices.

The three crewmen were taken into custody and transported to Florida.

They were charged with conspiracy to possess with intent to distribute more than five kilograms of cocaine on a vessel in the high seas in violation of the Maritime Drug Law Enforcement Act and the Drug Trafficking Vessel Interdiction Act of 2008. This was the first such prosecution in the Southern District of Texas following a change in the law allowing any jurisdiction in the United States to prosecute such smugglers. The law gives the United States jurisdiction over vessels without nationality found on the high seas with contraband as Congress found that “trafficking in controlled substances aboard vessels is a serious international problem and is universally condemned… Such trafficking presents a specific threat to the security and societal well-being of the United States.”

All have remained in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration and USCG conducted the investigation. Assistant U.S. Attorney Edward Gallagher is prosecuting the case.  

McALLEN, Texas - A federal grand jury has returned an indictment against three former car dealership employees for participating in a long-running scheme to defraud companies, including financial institutions, in connection with car loans in the Rio Grande Valley area, announced U.S. Attorney Ryan K. Patrick.  

Law enforcement arrested Ronnie Joe Gomez, 44, of Pharr, David Salinas, 44, of McAllen, and George Villanueva 50, of San Antonio, today. They are expected to make their initial appearances before U.S. Magistrate Judge Peter Ormsby this afternoon at 1:00 p.m.

The indictment, returned June 18, 2019, was unsealed today upon their arrests.

The three are each charged with wire fraud. According to the indictment, the defendants devised a scheme to defraud financial institutions by submitting falsified proof of their customers’ income to purchase motor vehicles.

If convicted, each faces up to 20 years in federal prison and a possible $250,000 fine.

The FBI conducted the investigation. Assistant U.S. Attorneys Frances E. Blake and David A. Lindenmuth are prosecuting the case.

A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

A medical director and two operators of a Houston, Texas, medical clinic were charged in an indictment unsealed today for their alleged participation in a multimillion-dollar health care fraud scheme.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Kristie K. Osswald of the Railroad Retirement Board Office of Inspector General (RRB-OIG) Chicago Regional Office and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.

Douglas Sharp, D.O., 69, of Katy, Texas, the medical director of Verimed Health and Medical Wellness Clinic Inc. (Verimed); Innad Husaini, M.D., 64, of Sugar Land, Texas, the owner and operator of Verimed; and Hanh Hong Thi Nguyen, 43, of Houston, the former operator of Verimed, were each charged in an indictment filed in the Southern District of Texas.  Sharp, Husaini and Nguyen were each charged with one count of conspiracy to commit health care fraud.  In addition, Sharp was charged with three counts of false statements relating to health care matters, Husaini was charged with three counts of health care fraud and Nguyen was charged with two counts of health care fraud.  The three defendants were arrested this morning and appeared this afternoon before U.S. Magistrate Judge Peter Bray of the Southern District of Texas.  A trial date has not yet been set.  

The indictment alleges that the defendants participated in a health care fraud scheme by which they submitted false and fraudulent claims to Medicare and Medicaid for home health care services, diagnostic tests and eye procedures, including injections into the eye, that were medically unnecessary, not provided or both.  Nguyen allegedly ordered diagnostic tests on and conducted physical examinations of patients, even though she was not a licensed medical professional.

The indictment alleges that the defendants submitted or caused the submission of approximately $16 million in fraudulent claims to Medicare and Medicaid. Medicare paid approximately $12.2 million on those claims.  Medicaid paid approximately $67,000 on those claims. The indictment also seeks the forefeiture of two properties owned by Nguyen and one property owned by Husaini, which were paid for, at least in part, using proceeds of the alleged fraud.

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

This case was investigated by the FBI, HHS-OIG and the MFCU.  Trial Attorney Catherine Wagner of the Criminal Division’s Fraud Section and Special Assistant U.S. Attorney Kathryn Olson of the Southern District of Texas, on detail from the MFCU, are prosecuting the case.

The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

HOUSTON – A 26-year-old Katy man has been charged with conspiring to distribute and possessing with intent to distribute a powerful opioid analogue, announced U.S. Attorney Ryan K. Patrick.

A federal grand jury returned the three-count indictment June 19, 2019, against Stuart Mouchantaf. Authorities took him into custody today. He is expected to make his initial appearance before U.S. Magistrate Judge Peter Bray tomorrow at 10:00 a.m.

The indictment alleges Mouchantaf conspired to distribute and possessed with intent to distribute a powerful opioid analogue known as carfentanil which resulted in the death of an otherwise healthy athlete in March 2018. Mouchantaf allegedly possessed the deadly drug with the intent to distribute it on Rice University’s campus the day before the victim’s body was found. 

At the time, the victim was a star player with NFL aspirations, according to the allegations.

Carfentanil is not approved for human use. According to the Centers for Disease Control and Prevention, it is intended for sedation of large animals and is the most potent fentanyl analog detected in the United States. Carfentanil is estimated to have 10,000 times the potency of morphine and has recently been reported in an alarming number of deaths in some states.

If you believe you or someone you know has been affected by any narcotics Mouchantaf distributed, please contact the Houston Police Department at 713-308-3300.

The Houston Police Department and the Harris County Institute of Forensic Sciences conducted the investigation with the assistance of the Drug Enforcement Administration.

Assistant U.S. Attorneys Jason Corley and Robert Stabe are prosecuting the case.

A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

CORPUS CHRISTI, Texas – A 44-year-old Lyford woman has entered a guilty plea to possessing with the intent to distribute more than 26 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.

On April 17, 2019, Jacqueline Barrera drove a white Mitsubishi Lancer into the primary inspection area of the Border Patrol Checkpoint located near Sarita. A search of the vehicle revealed bundles of methamphetamine concealed within speaker boxes in the trunk of the car.  

A sentencing hearing was scheduled for Sept. 12, 2019, before United States District Judge David S. Morales. At that time, Barrera faces a minimum of 10 years and up to life in federal prison and a possible $10 million fine.

She has been and will remain in custody pending that hearing.  

The Drug Enforcement Administration with the assistance of Border Patrol. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.   

McALLEN, Texas – A 53-year-old former bailiff with the Hidalgo County Court at Law #6 has been ordered to federal prison for his involvement in a drug trafficking conspiracy, announced U.S. Attorney Ryan K. Patrick. 

Oscar De La Cruz, of Pharr, pleaded guilty Jan. 4, 2019.

Today, U.S. District Judge Micaela Alvarez sentenced De La Cruz to a 60-month term of imprisonment to be immediately followed by three years of supervised release. In pronouncing the sentence, Judge Alvarez noted his outward appearance as a God-fearing man served as a façade for a different persona - a drug trafficker. She also stated that his abuse of authority saddened the court considering many others make great sacrifices to obtain positions of public trust to better their communities. De La Cruz, however, used it to line his pockets.

From 2016 through 2018, De La Cruz obtained law enforcement sensitive documents not generally available for the public and generated fraudulent search warrants for members of a drug trafficking organization. The warrants were ultimately given to the sources of supply to make it appear law enforcement had seized the controlled substances. The drug traffickers could then retain and steal the controlled substance from the source of supply for further distribution themselves.

Specifically, in late 2016, De La Cruz generated a fraudulent federal search warrant and forged the signature of a judge to document the fictitious seizure of cocaine. Later, he generated two more warrants documenting the seizure of a total of 36 kilograms of cocaine at addresses in Edcouch and near Austin. These search warrants allowed the theft of approximately 45 kilograms of cocaine for further distribution.

In addition to providing fraudulent warrants, De La Cruz conducted thousands of PACER queries, a database of federal court filings. He also used his position as a county court bailiff in order to access documents through Odyssey, a database of state court filings in Hidalgo County, to provide records and information to drug traffickers not available to the general public.

Several members of the drug trafficking conspiracy that De La Cruz assisted also regularly engaged in home invasions and carjackings for the purpose of stealing controlled substances.     

De La Cruz was permitted to remain on bond and surrender to a U.S. Bureau of Prison facility to be determined at a later date.

The FBI and Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade are prosecuting the case.

McALLEN, Texas – A Mexican man and his McAllen wife have been ordered to federal prison for their respective roles in a mail and wire fraud conspiracy, announced U.S. Attorney Ryan K. Patrick.

Francisco Santiago Rodriguez-Nunez aka Marcos Rodriguez, Roberto Garcia-Rodriguez and Mario Ortiz, 34, of Mexico, and his wife, Beatriz Adriana Rodriguez, 40, of McAllen, pleaded guilty Nov. 27, 2018, to conspiracy to commit fraud. Rodriguez-Nunez also admitted to impersonating a federal agent. 

Today, U.S. District Judge Micaela Alvarez imposed a total 75-month sentence for Rodriguez-Nunez, while Rodriguez was ordered to serve 41 months to be immediately followed by three years of supervised release. Not a U.S. citizen, Rodriguez-Nunez is expected to face deportation proceedings following his sentence. The couple was further ordered to pay $174,010 in restitution. Rodriguez-Nunez and Rodriguez were also ordered to forfeit $68,900 and $74,200, respectively.  

At the hearing, additional evidence was presented regarding the scheme indicating the identification and responses of at least 29 victims that claimed combined losses of more than $250,000. In handing down the sentence, the court noted the couple’s predatory actions by taking advantage of undocumented aliens, most of whom had no criminal history, that believed they were obtaining status legitimately by paying the defendants. 

The court further acknowledged that several were merely looking for a means to obtain status to work, while others were paying exorbitant funds to have a method to be with their children. Judge Alvarez commented on the substantial financial hardship placed on most, if not all, of the victims. Some had taken loans they will never be able to pay back due to their limited income and resources.

Beginning in November 2015 and continuing through at least July 2018, Rodriguez-Nunez and Rodriguez created fraudulent postings on Facebook. They claimed to possess the ability to obtain, generate or provide individuals with immigration status, including citizenship, to remain in the United States or state driver’s licenses.

Numerous victims responding to the advertisement would communicate with Rodriguez-Nunez who claimed to be an employee or agent of the Social Security Administration, Texas Department of Motor Vehicles, Immigration and Naturalization Services, U.S. Citizenship and Immigration Services or the Department of Homeland Security. 

Victims provided the couple with money orders sent through the mail or wire transfers through Moneygram and Ace Cash Express. After receiving the money, Rodriguez-Nunez and Rodriguez would claim issues arose with the processing of the immigration status or driver’s license and they required additional money orders or wire transfers. 

If victims refused to pay or stopped paying, Rodriguez-Nunez would personally impersonate federal officials threatening the victims with arrests and deportation. He also caused automated messages to be sent with similar threats. In addition, Rodriguez-Nunez would also send lewd pictures of genitalia to his victims to taunt them for their losses. 

In total, authorities believe there were more than 60 victims in at least 10 different states affected by the couple’s conduct. For each of the 29 victims located, each had losses of at least $500. One victim suffered a loss of $34,000.

Rodriguez-Nunez and Rodriguez received at least $174,010 as a result of their scheme.  

The couple will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Postal Inspection Service and Immigration and Customs Enforcement’s Office of Professional Responsibility conducted the investigation. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case.

GALVESTON, Texas – A 56-year-old resident of Galveston has been found guilty of receipt and possession of child pornography, announced U.S. Attorney Ryan K. Patrick.

U.S. District Judge George C. Hanks Jr. found John David Knowlton guilty following a two-day bench trial that concluded today.

During trial, the court heard testimony from multiple law enforcement officers and a Comcast custodian of records.

In February 2016, law enforcement conducted an online session using a publicly available peer-to-peer file-sharing network and located an IP address whose share folder contained images of child pornography.  The IP address was associated with Knowlton’s residence. 

When law enforcement searched his home, they discovered more than a dozen electronic devices belonging to him that contained child pornography. Forensic analysis found that 18 electronic devices contained thousands of images and hundreds of videos of child pornography, child erotica and artifacts of child pornography. 

Knowlton had opted to represent himself at the trial with the court-appointed shadow defense counsel. He rehired that counsel this morning. Knowlton, identifying as a sovereign citizen, argued that the federal judicial system had no jurisdiction over him. The court was not persuaded by his arguments and found him guilty as charged.

Judge Hanks set sentencing for Aug. 28, 2019. At that time, Knowlton faces a minimum of five and up to 20 years for the receipt of child pornography and up to 10 years imprisonment for the possession charge.

Previously released on bond, Knowlton was taken into custody after the guilty verdict where he will remain pending sentencing.

Immigration and Customs Enforcement’s Homeland Security Investigations, Pearland Police Department and Galveston Police Department’s - Internet Crimes Against Children Task Force conducted the investigation.

Assistant U.S. Attorneys Zahra Jivani Fenelon and Kimberly Leo prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

BROWNSVILLE, Texas – A 39-year-old Harlingen resident has been found guilty of lying on a federal firearm application at a local Wal-Mart, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for 30 minutes before convicting Juan Sauceda following a one-day trial.

On Sept. 6, 2018, Sauceda attempted to purchase a 12-gauge pump shotgun at a Wal-Mart in Harlingen. As a part of the purchase, he was required to fill out ATF Form 4473 in order to complete a background check. He signed the form, attesting that he never had a felony conviction. However, the investigation revealed he had a conviction for two counts of assault and battery with a deadly weapon. Sauceda had stabbed two individuals in 2013 in a dispute in Custer County, Oklahoma.

The defense attempted to convince the jury Sauceda was too uneducated to understand the form when he made the false statement as to his criminal history. The jury was not persuaded and found him guilty as charged.  

U.S. District Judge Rolando Olvera presided over the trial and has set sentencing for Sept. 18, 2019. At that time, Sauceda faces up to five years in prison and a possible $250,000 fine.

He was permitted to remain on bond pending that hearing.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Justin Schorr Dinsdale and Israel Cano III prosecuted the case.

CORPUS CHRISTI, Texas – A 19-year-old resident of Wilmer has been convicted of multiple bank robberies and brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.

Markeist Daquon Reed pleaded guilty today to a total of three counts of bank robbery involving three different banks and one count of brandishing a firearm during a crime of violence.

The charges stem from a series of bank robberies that occurred Oct. 5, Oct. 19 and Oct. 25, 2018, at the BB&T Bank on Park Lane in Dallas, Value Bank Texas on South Staples in Corpus Christi and BBVA Compass Bank on Ayers Street in Corpus Christi, respectively.

In each instance, a male - later identified as Reed - entered the banks and approached an employee demanding money. During the last robbery, Reed carried with him and pointed an AK-47 style rifle as he demanded the money from the bank employee. Reed was later arrested during a traffic stop. At that time, law enforcement recovered the rifle and items linking him to the robberies.

Senior U.S. District Judge John Rainey accepted the plea today and set sentencing for Sept. 16, 2019. At that time, Reed faces up to 20 years imprisonment and a possible $250,000 maximum fine for each of the bank robberies and another seven years for brandishing a firearm during a crime of violence, which must be served consecutively to any other conviction.

Reed has been and will remain in custody pending that hearing.

The FBI and police departments in Corpus Christi and Dallas conducted the investigations. Assistant U.S. Attorney Lance Watt is prosecuting the case.

CORPUS CHRISTI, Texas – A 40-year old Corpus Christi man has been ordered to federal prison following his conviction for conspiracy to possess with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick. Thaddeus Leo Raymond pleaded guilty Oct. 15, 2018.

Today, Senior U.S. District Judge John D. Rainey sentenced Raymond to 120 months for the methamphetamine offense as well as a 60-month consecutive term for carrying a firearm during a drug trafficking crime. The total 180-month prison term will be immediately followed by five years of supervised release.

On July 23, 2018, authorities conducted a traffic stop of a vehicle in the 4700 block of Alameda Street in Corpus Christi. When officers approached, they could smell the odor of marijuana coming from the vehicle and asked the driver, Allen Sturtz, and the passenger, Raymond, to step out. At that time, Raymond informed the officers that he was carrying a handgun in his waistband. The officers then recovered the loaded Taurus 9mm semi-automatic pistol.

During a search of the vehicle, the officers discovered a backpack on the passenger side floorboard that contained a crystal substance believed to be methamphetamine. Laboratory analysis confirmed the substance was 99% pure and weighted approximately 414 grams with an estimated street value of $5,000.

On Dec. 17, 2018, Judge Rainey sentenced Sturtz, 27, of Corpus Christi, to a total of 140 months followed by five years of supervised release. 

Both have been and remain in custody.

The Drug Enforcement Administration conducted the investigation with the assistance of the Texas Department of Public Safety. Assistant U.S. Attorney Lance Watt is prosecuting the case.

GALVESTON, Texas – The leader and three others involved in sex trafficking of minors conspiracy are headed to federal prison, announced U.S. Attorney Ryan K. Patrick.

Deadrian Quincy Morrison, 24, of Clute, pleaded guilty Oct. 4, 2017, to conspiracy to commit sex trafficking of minors and sex trafficking of minors. Co-defendants Patricia Madison Cope, 21, of Angleton; and Malik Antonine Brown 21, and Lincoln Dewayne Hussey, 24, both of Brazoria, had previously pleaded guilty to conspiracy, conspiracy and misprision of felony, respectively.

Today, U.S. District Judge George C. Hanks Jr. sentenced Morrison to a total of 180 months in federal prison.

Also sentenced today were Brown and Hussey who received respective terms of 33 and 31 months. Cope, who was sentenced on June 12, 2019, received 38 months.

In Spring 2016, the group exploited five minor females, during which time the they made several threats of violence to the victims. The investigation revealed the defendants used online advertisements for victims’ services and rented hotel rooms where some of the commercial sex acts would be performed.

Brown and Hussey transported several minor victims to dates where they participated in commercial sex acts. On at least one instance, Hussey provided illegal drugs to the minor victims and rented a hotel room with money Cope had given him.

Cope taught the minor victims how to post ads for commercial sex and instructed them on how to deal with customers. She was in constant contact with Morrison about what the victims were doing and how business was going.

Cope and Morrison have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Previously released on bond, Hussey was taken into custody following the sentencing today where he will remain.

Brown was originally released on bond but had his bond revoked prior to sentencing and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI and Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorneys Sherri L. Zack and Kimberly A. Leo are prosecuting the case.

McALLEN, Texas – An 18-year-old Mexican citizen has been arrested on charges of human smuggling, announced U.S. Attorney Ryan K. Patrick.

The criminal complaint charging Israel Rubio-Rodriguez was filed today. He made his initial appearance before U.S. Magistrate Judge J. Scott Hacker this morning, at which time he was temporarily ordered into custody pending a detention hearing set for June 18, 2019, at 9:30 a.m. before Judge Hacker.

On June 11, 2019, law enforcement conducted a traffic stop on a vehicle Rubio-Rodriguez was driving near Los Ebanos, according to the charges. When authorities approached, they allegedly observed multiple people in the front and back seat of the vehicle. The criminal complaint alleges that an immigration inspection was performed on all passengers of the vehicle and all were determined to be Chinese nationals illegally present in the United States.

If convicted, Rubio-Rodriguez faces up to 10 years in federal prison.

Border Patrol conducted the investigation. Assistant U.S. Attorney Sarina S. DiPiazza is prosecuting the case.

A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

HOUSTON – A 28-year old resident of Katy has admitted he conspired to compel three adult women to engage in sex trafficking by means of force and violence in Houston and other locations across the country, announced U.S. Attorney Ryan K. Patrick.

Marquis Holmes aka “Goldie” pleaded guilty to one count of conspiracy to engage in sex trafficking by means of force, fraud and coercion; two counts of transportation to engage in prostitution; and two counts of enticing and coercing another to travel in interstate commerce for prostitution. 

From June 2015 until his arrest in March 2018, Holmes scoured social media websites to recruit women, often under false pretenses, to work as prostitutes for him. Under threat of violence and actual violence, Holmes prostituted two of these women in Houston and Austin; New Orleans, Louisiana; Memphis, Tennessee; Pittsburgh, Pennsylvania; Mississippi; Alabama; South Carolina and other locations across the country. Holmes coerced the women to pose for pictures used in online advertisements for sex and to engage in commercial sex acts for money.  Holmes collected all the money the women earned.  

On March 30, 2018, authorities arrested Holmes, at which time a third victim was rescued along with her infant child. After repeatedly physically assaulting the woman, Holmes forced her to solicit commercial sex dates along the 1.3 mile stretch of Bissonnet St., commonly referred to as “The Track.” If she did not meet the monetary quota Holmes had set, he beat her and deprived her of food.  

Holmes has been and will remain in custody pending his sentencing, set for Sept. 19, 2019. At that time, he faces up to life in prison.

The Human Trafficking Rescue Alliance (HTRA) conducted the investigation.

HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.

Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.

Assistant U.S. Attorneys Sebastian Edwards and Carrie Wirsing prosecuted this case.