Southern District of Texas

HOUSTON - Attorney General William P. Barr has announced the establishment of the Transnational Elder Fraud Strike Force, a joint law enforcement effort that brings together the resources and expertise of the Department of Justice’s Consumer Protection Branch, U.S. Attorneys’ Offices for six federal districts, FBI, U.S. Postal Inspection Service and other organizations. The Southern District of Texas will be one of the offices part of that group.

The Strike Force will focus on investigating and prosecuting individuals and entities associated with foreign-based fraud schemes that disproportionately affect American seniors. These include telemarketing, mass-mailing and tech-support fraud schemes.

“Elder Fraud comes in many variations – through the mail, online and even in person,” said U.S. Attorney Patrick. “By focusing on these cases, we hope to send a message from the low level hucksters to the sophisticated international organizations that when we find you, we will prosecute you.”

The Transnational Elder Fraud Strike Force will be comprised of prosecutors and data analysts from the Consumer Protection Branch, prosecutors with the SDTX and five other U.S. Attorneys’ Offices (Central District of California, Middle and Southern Districts of Florida, Northern District of Georgia and Eastern District of New York), FBI special agents, Postal Inspectors and numerous other law enforcement personnel. The Strike Force will also collaborate with the Federal Trade Commission and industry partners, who have pledged to engage with the Department to help end the scourge of elder fraud. It will further benefit from the help of the Elder Justice Coordinators now assigned in every U.S. Attorney’s Office. Assistant U.S. Attorney Quincy Ollison is the coordinator for the SDTX.

“Fraud against the elderly is on the rise,” said Barr. “One of the most significant and pernicious causes for this increase is foreign-based fraud schemes. The new Transnational Elder Fraud Strike Force will bring together the expertise and resources of our prosecutors, federal and international law enforcement partners, and other government agencies to better target, investigate and prosecute criminals abroad who prey on our elderly at home. The Department of Justice is committed to ending the victimization of elders across the country.”

“It doesn’t matter where these criminals live. We’re committed to keeping our elderly citizens safe, whether they’re being targeted door-to-door, over the phone, or online, from thousands of miles away,” said Director Christopher Wray of the FBI. “Our new Transnational Elder Fraud Strike Force will give us additional resources and tools to identify and stop those who are targeting our senior communities from overseas. If you think you may be a victim of elder fraud, or you know someone who is, please let us know. We want to help.”

“Protecting older Americans and educating them and their caregivers about foreign lotteries and sweepstakes has been a long-time priority of the Postal Inspection Service,” said Chief Postal Inspector Gary Barksdale. “Our consumer awareness programs, coupled with our investigative efforts, have prevented countless older Americans from fraud and financial exploitation. But there’s so much more than can be done. By joining our partner agencies in this Strike Force, we become more effective at identifying and stopping those who prey on our vulnerable citizens.”

Using analytical tools and sophisticated investigative approaches, the Strike Force will seek to identify those responsible for foreign fraud schemes affecting American seniors, as well as those individuals and entities facilitating such schemes. The Strike Force will coordinate closely with foreign law enforcement and will use all available criminal and civil tools to stop victims from losing money and to hold wrongdoers responsible.

The Attorney General announced creation of the Strike Force as part of a week of events recognizing World Elder Abuse Awareness Day on June 15, which is dedicated to raising awareness about the millions of older adults who experience elder abuse, neglect and financial exploitation.

The establishment of the Transnational Elder Fraud Strike Force builds on the Trump Administration’s commitment to combating elder fraud. That commitment was reflected in the Department’s historic 2018 and 2019 Elder Fraud Sweeps—which collectively brought criminal and civil actions against more than 500 defendants responsible for defrauding more than $1.5 billion from at least 3 million victims —as well as the 2018 Rural and Tribal Elder Justice Summit.

LAREDO, Texas – A 30-year-old Harlingen man has been ordered to prison for 20 years for his involvement in the attempted importation of methamphetamine, announced U.S. Attorney Ryan Patrick. 

Alfredo Aguilar Jr. was found guilty at a bench trial Sept. 6, 2018, before U.S. District Judge Hilda G. Tagle. Co-defendants Cristen Nicole Cano, 29, of Combes, and Cristal Hernandez, 23, of San Benito, had previously pleaded guilty their respective roles Aug. 7, 2018. 

Today, Judge Tagle sentenced Aguilar to a total of 240 months in prison. At the hearing, Aguilar was held accountable for being the leader and organizer of the attempted drug importation event. The court also sentenced Cano and Hernandez today, each receiving 60 months. Aguilar will serve a 10-year-term of supervised release following his release from prison. Cano and Hernandez will serve two-year and five-year terms, respectively.

On May 15, 2018, Aguilar, Cano and Hernandez attempted to enter the United States at the Gateway to the Americas International Bridge Port of Entry in Laredo through the pedestrian lane. Cano and Hernandez were carrying bags of groceries, including four cans of jalapeños and hominy.

During primary inspection, authorities shook the cans, noting they were unusually heavy, and heard what sounded like powder rather than liquid. They were referred to secondary, at which time the cans were x-rayed and revealed anomalies. Authorities also noticed the cans had been altered. 

Ultimately, the cans were found to contain a total of 10.52 kilograms of methamphetamine. Upon further investigation, it was determined Aguilar had recruited Cano and Hernandez to smuggle the drugs into the United States. 

Aguilar and Cano have been in custody since their arrest May 15, 2018, where they will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Hernandez 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 conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Christopher dos Santos prosecuted the case. 

LAREDO, Texas – An 18-year-old Mexican national has pleaded guilty to conspiring to transport undocumented aliens from China and Brazil within the United States, announced U.S. Attorney Ryan K. Patrick.  

On April 1, 2019, Samuel Vazquez-Morales was apprehended after guiding six undocumented aliens through the brush near Laredo. Five were from the People’s Republic of China, while one was a Brazilian national. Vazquez-Morales was determined to be a Mexican citizen illegally present in the United States as well.

Today, he admitted he guided the group from Nuevo Laredo, Mexico, into the United States. He stated he was working for Cartel Del Noreste and that he expected to be paid $400 for the job.

One of the Chinese nationals told agents he planned to pay $30,000 to be smuggled into the United States from Mexico.

Sentencing has been set for Oct. 16, 2019, before U.S. District Judge Marina Garcia Marmolejo. At that time, Vazquez-Morales faces up to 10 years in federal prison.  He has been and will remain in custody pending that hearing.

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

McALLEN, Texas – Two Mexican Citizens have been ordered to federal prison following their conviction of human smuggling which resulted in the death of one of the aliens, announced U.S. Attorney Ryan K. Patrick. Imer Ares-Chagolla, 36, and Ismael Rivera-Lopez, 19, pleaded guilty April 1, 2019.   

Today, U.S. District Judge Ricardo Hinojosa ordered Ares-Chagolla to 87 months in prison. The court found Rivera-Lopez was a minor participant in the event and sentenced him to a 46-month term of imprisonment.

Ares-Chagolla and Rivera-Lopez served as brush guides for a group of aliens who had illegally crossed the Rio Grande River from Mexico into the United States.

On the afternoon of July 17, 2018, authorities located the group, learned one of its members was missing and possibly in distress and began emergency search operations in the area.

A female citizen of El Salvador was soon found unresponsive in the South Texas brush country near Sullivan City. Authorities provided emergency medical treatment and transported her to a local hospital. However, she ultimately died from multiple organ failures due to shock related to heat stroke.

That day, the temperature was determined to effectively be 110 degrees in the brush.

Immigration and Customs Enforcement’s Homeland Security Investigations spearheaded the investigation with the assistance of Border Patrol and Sullivan City Police Department. Assistant U.S. Attorney Robert L. Guerra Jr. prosecuted the case.

CORPUS CHRISTI, Texas – A 23-year-old Mexican National has been charged with unlawful transportation of aliens resulting in death following the fatal alien smuggling attempt in which six people were left for dead, announced U.S. Attorney Ryan K. Patrick.

Authorities arrested Ivan Dario Puga-Moreno, of Montemorelos, Nuevo Leon, Mexico, on June 6, 2019, in Houston. He is expected to make an initial appearance June 10 at 10:00 a.m. before U.S. Magistrate Judge Dena Palermo in Houston.

According to the criminal complaint filed in Corpus Christi, authorities discovered a wrecked Chevrolet Suburban in a ditch in Robstown on June 5. Six people were found deceased at the scene with nine more requiring hospitalization due to their significant injuries, according to the charges.  

The complaint alleges the subsequent investigation revealed Puga-Moreno was the driver of the wrecked vehicle and was attempting to smuggle approximately 18 illegal aliens from South Texas to Houston. Puga-Moreno allegedly fled the scene following the accident.

Puga-Moreno was smuggling the illegal aliens with the assistance of a brush guide from his hometown in Mexico, according to the charges.  

If convicted, Puga-Moreno could potentially face the death penalty.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation along with the FBI, U.S. Marshals Service, Coast Guard, Border Patrol, police departments in Robstown and Corpus Christi, Nueces County Sherriff’s Office and Robstown Fire/Emergency Medical Services Department. 

Assistant U.S. Attorneys John Cody Barnes and Jeremy Fugate are prosecuting the case.   

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

HOUSTON – A 40-year-old Richmond woman has been indicted for fraud and making false statements regarding her participation in a scheme to defraud her 94-year-old client who is now legally blind, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Perrye K. Turner of the FBI and Harris County Precinct One Constable Alan Rosen.  

A federal grand jury returned the four-count indictment against Amy Anglin aka Amy Powell May 30, 2019. Today, law enforcement took her into custody. She is expected to make her initial appearance before U.S. Magistrate Judge Frances H. Stacy at 2:00 p.m. today.

“Because of the complex nature of these case, the Department of Justice is uniquely suited to investigate and prosecute elder fraud,” said Patrick. “As the Attorney General has stressed, elder fraud will not be taken lightly and sadly this is just one of many similar allegations that we see routinely. I thank the family for bringing this case to the attention of law enforcement and we will do everything in our power to make sure justice is served on Ms. Anglin.”

Anglin is charged with two counts of fraud and two counts of making false statements to federal employees.

“Our investigators worked tirelessly on this appalling case to ensure Ms. Anglin was brought to justice for her alleged crimes,” said Assistant Special Agent in Charge Darryl Wegner. “Ms. Anglin allegedly capitalized on an elderly man’s vulnerability without any regard for his well-being. The FBI, alongside its local, state and federal partners, will continue to work every day to protect our elderly neighbors from fraud and abuse. We urge anyone with information about elder fraud or abuse to contact law enforcement immediately.”

The indictment alleges Anglin began working for a successful real estate developer in Houston in approximately 2015 when he 91 years old and his eyesight was beginning to fail. Anglin allegedly took advantage of the victim’s poor health and began to steal money from his bank accounts and misused his credit cards to purchase, among other things, airline tickets for herself and her family. Anglin would get her elderly victim to sign checks he believed were legitimate and authorized expenditures, according to the charges. She would then allegedly have the funds deposited into her personal bank account. 

“I cannot articulate how disturbed I am by allegations in this case,” said Constable Alan Rosen. “I take seriously any possible crimes against the elderly, particularly those who are disabled. This woman is charged with taking advantage of a man who is 54 years her senior. I appreciate the collaborative efforts of the FBI and U.S. Attorney's Office in pursuing this case and ensuring justice is served.”

Anglin would also illegally convert the victim’s assets by use of both his bank account and his credit cards, according to the indictment. In addition to using her access to the victim’s banking accounts and business credit cards, the charges allege Anglin wired herself large amounts of money and used Western Union to transfer the victim’s money to her friends and acquaintances. Anglin allegedly transferred funds from the victim’s accounts to pay for vacations in Las Vegas, resorts in Hawaii and trips to her hometown. Anglin also used the stolen money to pay for country club memberships, golf lessons, overdue child support payments and major home improvements, including a hot tub, according to the indictment.   

The charges further allege that at no time during the fraud scheme was Anglin authorized to make these transfers or payments. 

Anglin’s scheme was uncovered when the victim’s family began to question certain payments associated with his accounts, according to the indictment.

With the help of a Houston-based attorney, the family has estimated the total amount of fraud associated with Anglin’s scheme to be more than $550,000. 

The scheme allegedly began in late 2015 and continued until approximately December 2018.

If convicted of wire fraud, Anglin faces up to 20 years in federal prison, while a conviction for making false statements, carries a potential five-year-prison term.

The FBI and Harris County Precinct One Constable’s Office conducted the investigation. Assistant U.S. Attorneys Heyward Carter and Steve Mellin are prosecuting the case.

The charges are the result of a renewed effort by law enforcement to protect America’s older citizens from elder abuse.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, The Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past February the Attorney General announced the largest elder fraud enforcement action in American history, charging more than 200 defendants in a nationwide elder fraud sweep. The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act. 

Elder justice refers to a society’s response to elder abuse, which includes physical abuse, caregiver neglect, financial exploitation, psychological abuse, sexual abuse and abandonment. 

Elder fraud complaints may be filed with the FTC or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime. Additional elder justice resources, training, and outreach materials can be found at the Elder Justice Website.  

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 21-year-old Harlingen man has been indicted for coercion and enticement of a minor, announced U.S. Attorney Ryan K. Patrick.

Alejandro Moya was originally charged by criminal complaint as he arrived at a local motel to meet whom he thought was a 13-year-old female. Today, a federal grand jury returned the indictment. He is expected to appear in court June 13 for his arraignment before U.S. Magistrate Judge J. Scott Hacker.  

The complaint alleges that beginning May 9, 2019, Moya enticed an individual he believed to be a 13-year-old female on the social media apps Kik and Whisper. Moya allegedly sent multiple unsolicited sexually explicit images and videos of himself, requesting to meet at a motel in Pharr. The charges allege that in those conversations, he described sexual acts he desired upon meeting.

He was taken into custody as he arrived at the motel.

Moya has been in custody since his arrest. At a detention hearing May 17, the court found he was a danger to the community and ordered he remain in custody.  

If convicted, Moya 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 Steven Belt and Andrew Henning are prosecuting 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."

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.

 

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 24-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.

Starlin Alfredo Martinez-Morales was originally charged by criminal complaint May 10, 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 May 7, 2019, Martinez-Morales allegedly crossed the Rio Grande River near Los Ebanos with a three-year-old child, also of Honduras. Martinez claimed to be traveling with his son and presented a fraudulent birth certificate for the juvenile, according to the charges.

The criminal complaint indicates he was not the father of the child and only traveling with him to successfully gain entry into the United States.

He faces up to five years in federal prison if convicted of either of the charges.

Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the investigation. Assistant U.S. Attorney M. Alexis Garcia 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 39-year-old Mexican National has admitted he injured a Border Patrol (BP) agent by hitting him with arm shackles, announced U.S. Attorney Ryan K. Patrick.

On April 1, 2019, Salvador Ramirez-Olvera was in custody at the Brownsville BP station for illegal entry. While awaiting transfer to federal court, he slipped out of his arm shackles and hit the agent with them. The agent was hit on his shoulder area, thus causing bodily injury.

After a brief struggle, officers had to use a taser to control Ramirez-Olvera.

He was then arrested and charged with assaulting a federal agent who was engaged in the performance of his official duties. 

He has been and will remain in custody pending his sentencing, which is set for Sept. 4, 2019, before U.S. District Judge Rolando Olvera. At that time, Ramirez-Olvera faces up to 20 years in federal prison.

The FBI conducted the investigation. Assistant U.S. Attorney Jose A. Esquivel Jr. prosecuted the case.

LAREDO, Texas – A 35-year-old Mexican National has admitted he made false statements in an application for U.S. Passport, announced U.S. Attorney Ryan K. Patrick.

Rigoberto Rivera had successfully applied for a U.S. passport in 2008, identifying him as a native-born United States citizen from Texas. It expired in 2018, after which he submitted a DS-82 U.S. Passport Renewal Application for Eligible Individuals by mail.  

He used a birth certificate to support his claim of citizenship which stated a date of birth of April 5, 1984, in Laredo. However, law enforcement located a Mexican birth certificate that pre-dated this U.S. birth certificate, stating he was born in Nuevo Laredo, Tamaulipas, Mexico, on March 23, 1984.

Records further revealed that in May 2000, Rivera had applied for a visa as a Mexican citizen at the U.S. Consulate in Nuevo Laredo, Mexico. He was issued a border crossing card through this application and was fingerprinted and photographed. A subsequent comparison between the fingerprints taken in 2000 and the fingerprints taken in 2018 revealed a positive match to Rivera.

Rivera was arrested April 2, 2019. He subsequently admitted he was born in Mexico and that he had previously applied for a visa as a Mexican national. He claimed he used his Mexican birth certificate in the past to attend school in Mexico at a lower cost, but that he had used his U.S. birth certificate to pose as a native-born United States citizen since 2008.

Sentencing will be set at a later date before U.S. District Judge Diana Saldana. At that time, Rivera faces up to 10 years in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following the sentence.

He has been and will remain in custody pending his sentencing hearing.

Customs and Border Protection and Department of State - Diplomatic Security Service conducted the investigation. Assistant U.S. Attorney Francisco J. Rodriguez is prosecuting the case.

HOUSTON – A 23-year-old Houston man has been ordered to federal prison for his role in organizing and planning a string of Houston-area armed robberies, including one in which someone was almost killed, announced U.S. Attorney Ryan K. Patrick.

Tadarius Robinson pleaded guilty Aug. 8, 2018. 

Today, U.S. District Judge Gray Miller sentenced Robinson to 120 months for his role in the robberies. He also received another 120-month-term for aiding and abetting the discharge of a firearm during commission of a crime of violence which must be served consecutively. The total 20-year sentence will be immediately followed by five years of supervised release.

In imposing the sentence, the court found Robinson to be the leader and organizer of the robbery crews that had committed the crimes within the span of one month in late 2015. Robinson had picked the locations, recruited the members and acted as a lookout or getaway driver for the robberies. 

Co-defendants Reshaun Lee Jenkins, 25, James Daniel Henderson, 24, Ashton Armstrong, 24, Cedric L. Andrews, 44, Joseph Adams, 34, and Bradley Alexander, 28, all of Houston, pleaded guilty for their respective roles and were sentenced previously. Jenkins and Armstrong both received 141 months in prison, while Henderson, Andrews, Adams and Alexander received 255, 33, 36, and 147 months, respectively.

Mik Yia Shua Faye Durden, 22, of Livingston, and Travescy Cauley, 27, of Beaumont, also pleaded guilty and are pending sentencing. 

Robinson and Alexander took part in one robbery which targeted Gagne’s Auto Repair Shop at 6404 Tidwell on Sept. 9, 2015, which resulted in the theft of U.S. currency and one employee being chased from the store. 

Robinson, Alexander and Armstrong then participated in the robbery of a T-Mobile store located at 10730 Eastex Freeway on Sept. 27, 2015. Armstrong had entered the store, while Robinson and Alexander waited in the getaway vehicle. The robbery resulted in the theft of U.S. currency and cellular phones.

Three days later, Jenkins, Henderson, Armstrong, Durden and Alexander robbed the El Mexsal Taqueria located at 5797 North Sam Houston. Henderson, Cauley and Armstrong ordered the employees and customers to the ground at gunpoint, while Durden and Jenkins drove getaway cars. Alexander acted as a lookout during the robbery.  

Robinson, Jenkins, Adams, Henderson, Andrews and Alexander then committed the armed robbery at the Wing Stop restaurant located at 10749 North Freeway on Oct. 2, 2015. Henderson entered the store with a gun drawn. When an employee did not immediately get down on the ground, Henderson shot him, causing permanent bodily injuries. Andrews and Adams were inside the restaurant during the robbery, while Robinson, Alexander and Jenkins sat outside acting as lookouts and the getaway driver. Alexander disassembled the firearm after the shooting and threw pieces out of the car window as they fled the scene.

Finally, Armstrong, Durden and Alexander then robbed Movie Magic at 6520 Airline on Oct. 9, 2015. Armstrong robbed the store at gunpoint. As they fled the scene and Durden drove the getaway car, Alexander fired his gun at a civilian who was chasing the robbers. Armstrong attempted to fire at the civilian but his gun jammed. 

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.

The cases are 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.

The Bureau of Alcohol, Tobacco and Firearms conducted the investigation in conjunction with the Houston Police Department and Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard Hanes and Heather Winter are prosecuting the case. 

BROWNSVILLE, Texas – A 22-year-old Edinburg man has been ordered to prison following his conviction of harboring aliens within the United States, announced U.S. Attorney Ryan K. Patrick.

Maximino Moralez-Quiroz pleaded guilty in December 2018.  

Today, U.S. District Judge Fernando Rodriguez Jr. ordered him to serve 48 months in prison to be immediately followed by three years of supervised release.  

At the hearing, additional evidence was presented that demonstrated Moralez-Quiroz had been previously involved in five other alien smuggling incidents dating back to late 2013, one of which included a conviction for transporting aliens in 2015 for which he served a 15-month sentence. After serving that term, he was on supervised release. As part of the sentence today, the court revoked that term, ordered he serve six more months in prison, three of which was ordered to run consecutively for a total 51-month-term of imprisonment.

On Nov. 14, 2018, law enforcement learned of the possibility that undocumented aliens were being harbored within a residence in Edinburg. They approached the house and discovered Moralez-Quiroz who identified himself as the homeowner.

A search of the house led to the discovery of 27 undocumented aliens.

The aliens were all from different countries and relayed that the smugglers had charged them up to $9,000 for illegal entry into the U.S. Some had spent up to eight days awaiting transport. 

Moralez-Quiroz 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 Rio Grande Valley Special Operations Detachment Intelligence Section and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.

LAREDO, Texas – A 44-year old truck driver from Michoacan, Mexico, has entered a guilty plea for conspiring to import methamphetamine and cocaine, announced U.S. Attorney Ryan K. Patrick.

On March 12, 2013, Carlos Gaona-Zaragoza attempted entry at the Colombia Solidarity Bridge in Laredo driving a tractor-trailer. He presented his Border Crossing Card and said he was hauling a load of avocados.

He was referred to secondary inspection, at which time authorities conducted an x-ray examination and soon discovered anomalies in a spare tire located underneath the trailer. A drug detection dog also alerted to the possible presence of a narcotic odor emitting from the tire.

Further inspection of the tire revealed a total of 41 bundles, 40 of which field-tested positive for methamphetamine with a total gross weight of 41.56 kilograms. One contained cocaine with a weight of 1.12 kilograms.

Gaona-Zaragoza initially claimed he transported the narcotics under threat of harm to his family. However, he later admitted he had agreed to transport the narcotics for 15,000 Mexican pesos.

Sentencing will be set at a later date before U.S. District Judge Diana Saldaña.

Customs and Border Protection and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.

BROWNSVILLE, Texas – Two former deputies with the Cameron County Precinct 5 Constable’s Office have been arrested and charged with conspiracy to commit extortion under color of official right and wire fraud, announced U.S. Attorney Ryan K. Patrick.

Benito De La Cruz Jr., 45, of San Benito, and Armando Gonzalez Jr., 31, of Weslaco, are still in law enforcement but not currently affiliated with Precinct 5.

A federal grand jury returned the 12-count indictment under seal May 28. They were taken into custody today and are expected to make their initial appearances before U.S. Magistrate Judge Ronald Morgan at 10:30 a.m. tomorrow.  

The indictment alleges the De La Cruz and Gonzalez unlawfully ran license plate and criminal history checks. They allegedly performed or asked others to perform these law enforcement database checks in return for money or gifts.

De La Cruz is also charged with five counts of making false statements to federal officers. The indictment alleges he was not truthful when the FBI special agent interviewed him about the scheme. De La Cruz allegedly made these false statements in five separate instances during his interview. 

If convicted, the men face up to 20 years in federal prison for extortion or wire fraud and a maximum five years for the conspiracy. De La Cruz also faces a potential sentence of five years for each count of making false statements, upon conviction. The charges also carry a potential $250,000 maximum fine.

The FBI, Cameron County District Attorney’s Office, Drug Enforcement Administration, Immigration and Customs Enforcement’s Homeland Security Investigations and the Texas Rangers conducted the Organized Crime Drug Enforcement Task Force investigation. The Harlingen Police Department also assisted with the arrests. Assistant U.S. Attorneys Jody Young, Oscar Ponce and Robert Johnson are 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.

HOUSTON – A Houston federal judge has sentenced a 23-year-old local man to more than 26 years in prison following his conviction of three counts of robbery and three counts of brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.

Deamonta Frederick Taylor, of Houston, pleaded guilty Jan. 30, 2019, admitting he took part in several robberies of cell phone stores in 2017. In one of those crimes, a pregnant female was ordered to strip naked at gunpoint.

Today, U.S. District Judge David Hittner ordered Taylor to serve a total of 315 months in prison. The court imposed 63 months in prison for the three robberies and 84 months in prison for each of the firearms charges, all of which must be served consecutively to each other and to the underlying robbery sentences. The total 26-year sentence will be immediately followed by five years of supervised release.

Co-defendants Kevin Eugene Harrison and Marquise Turner, both 23 and also of Houston, each pleaded guilty to one count of robbery and one count of brandishing a firearm. Harrison and Turner previously received 141 and 125 months in prison, respectively.

For several weeks in October and November 2017, the three men committed a series of commercial armed robberies, including several that took place at cellular telephone stores in the greater Houston area. Several of the victims were female, one of whom was pregnant. Taylor had made the women strip naked at gunpoint during the robberies.

On Nov. 9, 2017, a joint task force operation resulted in surveillance and the ultimate arrest of Taylor and his co-defendants as they fled a robbery they committed at a Metro PCS cellular telephone store on Aldine Mail Route Road in Houston. The two female victims in that robbery identified Taylor as the gunman.

The investigation eventually linked Taylor and his co-defendants to multiple robberies in the Fall of 2017.

All three 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, Harris County Sheriff’s Office, Texas Department of Public Safety and the Houston Police Department conducted the investigation. Assistant U.S. Attorney John Michael Lewis is prosecuting the case.

BROWNSVILLE, Texas – A federal grand jury has returned an indictment against three local residents for selling alien detainee roster lists in exchange for cash,  announced U.S. Attorney Ryan K. Patrick.

The five-count indictment was returned under seal May 28. Today, law enforcement took Benito Barrientez, 42, of Lyford; Damian Ortiz, 30, of Weslaco; and Exy Adelaida Gomez, 42, of Los Fresnos, into custody. They are expected to make their initial appearances before U.S. Magistrate Judge Ronald Morgan at 10 a.m. tomorrow.  

Barrientez and Ortiz were employed at the Willacy County Regional Detention Center as a classification clerk and a senior program director, respectively. Gomez was a corrections officer at the El Valle Detention Center. Both facilities are located in Raymondville.

The three are charged with conspiracy to commit bribery and bribery. 

The indictment alleges Barrientes, Ortiz and Gomez obtained alien detainee roster lists from the EL Valle Detention Center and the Port Isabel Detention Center-Los Fresnos, while employed in their respective capacities.

The lists contained the names, dates of birth, country of origin and other information of alien detainees, according to the charges. The three defendants allegedly then provided the lists to a local attorney in exchange for money. The indictment alleges the attorney would then use that information to attempt to solicit the detainees to hire his firm in immigration proceedings.

If convicted, the three employees defendant face up to 15 years in federal prison for the bribery charges and up to five years for the conspiracy. Each charge also carries a possible $250,000 maximum fine.

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

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

A Houston, Texas patient recruiter was sentenced to 188 months in prison today for her role in a $20 million scheme to pay illegal health care kickbacks to physicians and Medicare beneficiaries in order to fraudulently bill for medically unnecessary home health services, and to launder the proceeds.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and 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 Field Office made the announcement.

Egondu “Kate” Koko, 54, of Houston, was sentenced by Chief U.S. District Judge Lee H. Rosenthal of the Southern District of Texas.  Judge Rosenthal also ordered the defendant to pay $12.9 million in restitution and to forfeit $1,378,552.00.  Koko pleaded guilty in October 2018 to one count of conspiracy to pay and receive health care kickbacks and one count of conspiracy to launder monetary instruments.

As part of her guilty plea, Koko admitted to being a patient recruiter for Criseven Health Management, Beechwood Home Health, JMM Home Health and Trinity Healthcare Service, home health agencies that operated in the Houston area.  Koko was also the owner and operator of Circuit Wide Home Health Services, a home health company.  Koko admitted that she paid illegal kickbacks and bribes to physicians and patients for paperwork necessary for Criseven, Beechwood, JMM, Trinity and Circuit Wide (collectively, “the HHAs”) to bill Medicare.  Koko and her co-conspirators submitted and were paid more than $9.5 million but less than $25 million in claims to Medicare for home health services purportedly provided by the HHAs, Koko admitted.

Koko further admitted to committing money laundering by opening a bank account under the identity of Person A, a Nigerian national.  Koko transferred proceeds from her fraud on the United States from accounts controlled by Koko into the bank account of the Nigerian national.  To further the scheme, Koko purchased a home using the funds from the Nigerian national’s account, which were proceeds from the fraud, she admitted.

This case was investigated by the FBI and HHS-OIG.  Trial Attorneys Drew Pennebaker and Catherine Wagner of the Criminal Division’s Fraud Section prosecuted 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 dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme. The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston-based subsidiary - Citgo Petroleum Corporation (Citgo) - to corruptly secure and retain energy and logistics contracts. 

U.S. Attorney Ryan K. Patrick of the Southern District of Texas (SDTX), Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.

Jose Manuel Gonzalez Testino (Gonzalez), 48, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts. U.S. District Judge Gray H. Miller accepted his plea today and set sentencing for Aug. 28, 2019.

Gonzalez was arrested July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the SDTX. 

Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA. According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials. Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary. Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary. In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages. Gonzalez admitted these included priority over other vendors to receive payments.

Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo. Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group. Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive. In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices. Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017. 

Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation. Charges against the other five defendants remain outstanding. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami. SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case along with Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section. SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case. The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance. 

The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

A dual U.S.-Venezuelan citizen who controlled multiple U.S.-based companies pleaded guilty today for his role in the Petroleos de Venezuela S.A. (PDVSA) foreign bribery scheme.  The case involves bribes paid to PDVSA officials - Venezuela’s state-owned and state-controlled energy company - and its Houston, Texas-based subsidiary Citgo Petroleum Corporation (Citgo), to corruptly secure and retain energy and logistics contracts. 

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 (SDTX) and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.

Jose Manuel Gonzalez Testino (Gonzalez), 49, of Miami, Florida, pleaded guilty in federal court in Houston to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA and one count of failing to report foreign bank accounts.  U.S. District Judge Gray H. Miller of the Southern District of Texas accepted his plea today and set sentencing for August 28.

Gonzalez was arrested on July 31, 2018, at Miami International Airport in connection with a criminal complaint filed in the Southern District of Texas. 

Gonzalez controlled a number of U.S. and international companies that provided goods and services to PDVSA.  According to admissions made in connection with his guilty plea, beginning in or around 2012 and continuing through at least 2018, Gonzalez conspired with others to bribe PDVSA officials.  Gonzalez admitted that beginning in November 2012 and continuing until at least June 2013, he and a co-conspirator paid at least $629,000 in bribes to Cesar Rincon David Godoy (Rincon), the former general manager of Bariven, PDVSA’s procurement subsidiary.  Gonzalez also admitted he and his co-conspirators paid bribes to Alfonso Eliezer Gravina Munoz (Gravina) during the time Gravina was a PDVSA official at PDVSA Services Inc., another Houston-based PDVSA subsidiary.  In exchange, Rincon and Gravina provided Gonzalez with inside information concerning PDVSA procurement processes and took steps to direct PDVSA contracts to Gonzalez’s companies and to give Gonzalez’s companies other business advantages.  Gonzalez admitted these included priority over other vendors to receive payments.

Gonzalez also admitted to making bribe payments to several PDVSA officials who were based in Houston and employed by Citgo.  Though Citgo acted primarily as a refiner, transporter and marketer of petroleum-based products, it also procured goods and services on behalf of PDVSA through its Special Projects group.  Gonzalez admitted he and his co-conspirators paid at least four Citgo officials in the Special Projects group and provided gifts and other things of value to a senior Citgo executive.  In exchange, Gonzalez admitted the Citgo officials assisted his companies in obtaining contracts for new business, provided inside information concerning the PDVSA bidding process, helped conceal the fact that Gonzalez controlled multiple companies on certain bidding panels for PDVSA projects and assisted Gonzalez in receiving payment priority for outstanding PDVSA invoices.  Gonzalez also admitted he had a financial interest or signatory authority over multiple foreign bank accounts and failed to file a foreign bank account report, or “FBAR,” in 2017. 

Gonzalez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA.  Including Gonzalez, the Justice Department and the SDTX have announced charges against 21 individuals, 16 of whom have entered guilty pleas in connection with the investigation.  Charges against the other five defendants remain outstanding.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami.  Trial Attorneys Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section and SDTX Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson are prosecuting the case.  SDTX Assistant U.S. Attorney Kristine Rollinson is handling the forfeiture aspects of the case.  The U.S. Attorney’s Office for the Southern District of Florida and the Criminal Division’s Office of International Affairs also provided assistance. 

The Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

HOUSTON – A 43-year-old California man has been ordered to federal prison following his conviction related to a scheme to embezzle $3.1 from the Beck Group in Houston, announced U.S. Attorney Ryan K. Patrick. Charles Williams, of Los Angeles, California, pleaded guilty Sept. 7, 2018.

Today, U.S. District Judge Vanessa Gilmore ordered him to prison for 72 months in prison to be immediately followed by three years of supervised release. Williams was also ordered to pay more than $3 million in restitution to The Beck Group.

Williams conspired with six people to commit wire fraud and money laundering.  Those individuals - Moses Said, 42, of Houston; Lanamasha Hampton, 42, and Collette Devoe Hines, 49, both of Atlanta, Georgia; Janell Crosby Quant, 38, of Union City, Georgia; Heather Ashley Sowa, 31, of Denver, Colorado; and William Lewis Sutton, Jr., 48, of Los Angeles, California – also pleaded guilty for their roles in the scheme.

As a construction manager with the Beck Group, Said was in charge of the Le Meridien Hotel Project located in downtown Houston from 2016 to 2017. 

Hampton, Quant, Hines, Sowa, Sutton, and Williams created shell companies which submitted false invoices to the Beck Group for payment for construction products that were not provided and construction services that were not performed. 

As the construction manager for the Beck Group, Said approved and submitted the false invoices for payment, causing the Beck Group to issue payments to the shell companies. Upon receipt of the monies The Beck Group paid, the others paid some of the fraud proceeds to Williams and Said. They attempted to conceal and disguise the nature and origin of the  proceeds by transferring the proceeds to other companies and individuals.

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

The FBI conducted the investigation. Assistant U.S. Attorney Vernon Lewis is prosecuting the case.

CORPUS CHRISTI, Texas – A 35-year-old resident of Conroe has been sentenced to federal prison following his conviction for large-scale cocaine trafficking, announced U.S. Attorney Ryan K. Patrick.

Perry Clark pleaded guilty Feb. 21, 2019.

Today, U.S. District Judge Nelva Gonzales Ramos ordered Clark to serve a total of 40 months in federal prison to be immediately followed by two years of supervised release. In handing down the sentence, the court mentioned Clark’s  complete lack of criminal history, but noted the significant quantity of cocaine in this case.

On Jan. 9, 2019, Clark entered the U.S. Border Patrol Checkpoint located near Sarita, at which time a canine officer alerted to Clark’s vehicle. Border Patrol   (BP) agents searched the vehicle and discovered 14 bundles containing approximately 15 kilograms of cocaine.

Clark admitted to agents with the Drug Enforcement Administration (DEA) that he knew he was transporting narcotics, that he had done so on numerous other occasions and that he was to be paid $5,000 for delivering the cocaine to Houston. 

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

The DEA conducted the investigation in conjunction with BP. Assistant U.S. Attorney Joel Dunn is prosecuting the case.

BROWNSVILLE, Texas –A 52-year-old resident of McAllen has been ordered to prison following his conviction of enticement of a child, announced U.S. Attorney Ryan K. Patrick.

Juan Carlos Bautista began trial Jan. 30, 2019. However, after opening statements and testimony of four government witness, he decided to enter a guilty plea the same day.  

Today, U.S. District Judge Fernando Rodriguez Jr. sentenced Bautista to a 120-month-term of federal imprisonment. He was further ordered to serve 10 years 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. Bautista will also be ordered to register as a sex offender.

On Jan. 19, 2017, law enforcement placed an advertisement on the Brownsville Craigslist website under “casual encounters” section. Bautista responded to the ad via email expressing an interest in pursuing a sexual relationship with a 13-year-old minor female.

Bautista made arrangements to meet who he thought was the young female in Harlingen for the purpose of a sexual encounter. He was taken into custody upon his arrival Feb. 8, 2017.

Bautista 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 conducted the investigation in conjunction with the Rio Grande Valley Child Exploitation and Investigation Task Force. 

Assistant U.S. Attorneys Ana Cano and Jose A. Esquivel Jr. are prosecuting 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."

CORPUS CHRISTI, Texas – A federal grand jury has returned a two-count indictment against a 31-year-old Mexican citizen who illegally resided in Mission, announced U.S. Attorney Ryan K. Patrick.   Abraham Barajas-Alcantar was originally arrested by criminal complaint April 30, 2019. A grand jury has now indicted him for conspiracy to conduct financial transactions and being an alien illegally in possession of firearms. He had already been in custody on the original charges, but will make an appearance on the indictment before a U.S. magistrate judge in the near future.   The indictment alleges Barajas-Alcantar conspired to conduct financial transactions and transported, transmitted and transferred the proceeds of the drug trafficking from May 28, 2014, to Nov. 1, 2017. He is further charged with being an alien from Mexico, illegally and unlawfully in the United States, who knowingly possessed six firearms which had previously traveled in interstate or foreign commerce.   The charges allege a money laundering conspiracy which focuses on a number of methods drug traffickers use to launder proceeds from the delivery and sale of narcotics. Specifically, in this case, Barajas allegedly purchased aircraft, aircraft engines and aircraft parts with drug proceeds and shipped them to his business in McAllen. From there, Barajas shipped the merchandise to Mexico for his customers, according to the allegations.   The charges further allege drug proceeds were then sent to Barajas in the form of bulk cash and through the funneling of cash deposits via banks. Barajas-Alcantar allegedly had accounts or had access to or controlled accounts in those financial institutions.   This activity combined the traditional methods of bulk cash smuggling and the use of funnel accounts with trade-based money laundering through the purchase of aircraft and related equipment with drug proceeds for shipment to drug traffickers in Mexico, according to the charges.   If convicted of the money laundering conspiracy offense, Barajas-Alcantar faces up to 20 years in federal prison, while the firearms offense carries a potential 20 year-term of imprisonment. Both convicted also have a potential $250,000 fine.   The Drug Enforcement Administration and IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Kenneth Cusick is prosecuting the case.   An indictment is a formal accusation of criminal conduct, not evidence.  A defendant is presumed innocent unless and until convicted through due process of law.

BROWNSVILLE, Texas – A 22-year-old Harlingen man has been ordered to federal prison following his conviction of possessing child pornography, announced U.S. Attorney Ryan K. Patrick.

Skylar Tarr McElwrath pleaded guilty Feb. 21, 2018.

Today, U.S. District Judge Rolando Olvera Jr. ordered him to serve 72 months in federal prison. McElwrath was further ordered to pay $3,600 in restitution to a known victim and will serve 12 years 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. He will also be ordered to register as a sex offender.

On or about July 20, 2017, authorities initiated an investigation of child pornography sharing which led them to the McElwrath’ s address in Harlingen. They later executed a search warrant at that location and seized a computer and other digital devices belonging to him.

A forensic analysis later revealed approximately 80 images and 15 videos of child pornography.

McElwrath 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 are prosecuting the case.

BROWNSVILLE, Texas - A 46-year old Brownsville resident has been ordered to federal prison for 18 years following his conviction of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana plus failing to appear in court for sentencing, announced U.S. Attorney Ryan K. Patrick. 

Rene Izaguirre pleaded guilty to the drug charge Jan. 19, 2013, and was permitted to remain on bond. He was scheduled to appear in court Aug. 28, 2013, for sentencing. However, shortly before that date, Izaguirre’s ankle monitor was found cut off and left behind at his home. The investigation revealed he had fled to Mexico. He was later arrested and pleaded guilty to the failure to appear Dec. 6, 2018.

Today, U. S. District Judge Rolando Olvera imposed a 108-month sentence for the drug charge. Izaguirre also received another 108 months for failing to appear which was ordered to be served consecutively. The total 18-year-term of imprisonment will be immediately followed by four years of supervised release. In imposing the sentence, the court noted that not only did the defendant flee in order to avoid sentencing on his drug charge but that he also was found selling narcotics once again while on the run. 

From 2007 to 2013, Izaguirre was part of a drug trafficking organization working with a local freight company to hide marijuana in crates of heavy machinery for transport north of the Rio Grande Valley. At the time of his plea, he admitted that with the help of his freight company contact, he was able to ship more than 700 kilograms of marijuana to Houston, Dallas and Pennsylvania where he had buyers.

After fleeing and failing to appear for sentencing, law enforcement found him in October 2018 in Odessa. At that time, authorities believed he was selling cocaine out of a trailer where he resided while working as a roofer. He was soon arrested and found in possession of nine ounces of cocaine.

Izaguirre remains in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Karen Betancourt prosecuted the case.

HOUSTON – A federal court has entered a consent decree of permanent injunction against defendants Pharm D Solutions LLC (Pharm D); co-owner and Pharmacist-in-Charge Luis R. De Leon and co-owner and pharmacist Juan C. De Leon, announced the Department of Justice. The injunction permanently enjoins the defendants from distributing adulterated, misbranded and unapproved new drugs in violation of the federal Food, Drug and Cosmetic Act (FDCA).

The Department filed a complaint in the U.S. District Court for the Southern District of Texas (SDTX) today at the request of the U.S. Food and Drug Administration (FDA), alleging, among other things, the defendants failed adequately to address insanitary conditions at their drug-compounding facility.

As part of the ordered permanent injunction, the defendants cannot resume manufacturing, processing or distributing sterile drugs until FDA determines that they have complied with specific remedial measures. Those measures seek to ensure that defendants manufacture and distribute drugs in conformity with applicable manufacturing standards. 

“The FDCA is designed to protect the public health,” said SDTX U.S. Attorney Ryan K. Patrick. “Our district is a committed partner in enforcing the provisions of the Act in the interest of public safety.”

“Compounding pharmacies must produce drugs that are reliably safe and sterile,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work closely with FDA to enforce the provisions of the FDCA.”

“We understand that compounded drugs can be important for patients whose medical needs cannot be met by FDA-approved drug products, and we’re continuing efforts to advance policies to help further improve the quality of compounded products,” said Acting FDA Commissioner Ned Sharpless, M.D.

“These drugs are not approved by the FDA and have not been evaluated for safety or efficacy, so when they’re not appropriately compounded, they have the potential to cause patients harm. We’ll continue taking enforcement actions, like the one we’re taking today, to ensure that these companies and products do not put patient health at risk.”

According to the complaint, defendants’ drugs were adulterated because they were prepared, packed or held under insanitary conditions whereby they may have been contaminated or may have been rendered injurious to health. For example, the complaint alleges that during a 2018 FDA inspection, defendants’ employees failed to demonstrate proper aseptic technique by, among other things, leaning into sterile areas with exposed skin and failing to maintain clean air supply when handling products intended to be sterile. The complaint further alleges that defendants failed to appropriately investigate instances of microbial contamination, mold and yeast recovered from sterile processing areas. 

Pharm D initiated a voluntary recall of all compounded drug products intended to be sterile after the September 2018 FDA Inspection raised concerns about practices at the pharmacy. Pharm D also temporarily ceased sterile production at that time.

The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch and SDTX Assistant U.S. Attorney Melissa M. Green with the assistance of Associate Chief Counsel of Enforcement Samantha Hong of the Department of Health and Human Services’ Office of General Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found HERE. For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website.

A federal court entered a consent decree of permanent injunction against defendants Pharm D Solutions LLC (Pharm D); Luis R. De Leon, co-owner and Pharmacist-in-Charge; and Juan C. De Leon, co-owner and pharmacist, the Department of Justice announced today. The injunction permanently enjoins the defendants from distributing adulterated, misbranded, and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act (FDCA).

The Department filed a complaint in the U.S. District Court for the Southern District of Texas on May 20, 2019, at the request of the U.S. Food and Drug Administration (FDA), alleging, among other things, that the defendants failed adequately to address insanitary conditions at their drug-compounding facility.

As part of the ordered permanent injunction, defendants cannot resume manufacturing, processing, or distributing sterile drugs until FDA determines that they have complied with specific remedial measures. Those measures seek to ensure that defendants manufacture and distribute drugs in conformity with applicable manufacturing standards.  

“Compounding pharmacies must produce drugs that are reliably safe and sterile,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department of Justice will continue to work closely with FDA to enforce the provisions of the Food, Drug, and Cosmetic Act.”

“The Food, Drug, and Cosmetic Act is designed to protect the public health,” said U.S. Attorney Ryan K. Patrick for the Southern District of Texas. “Our district is a committed partner in enforcing the provisions of the Act in the interest of public safety.”

“We understand that compounded drugs can be important for patients whose medical needs cannot be met by FDA-approved drug products, and we’re continuing efforts to advance policies to help further improve the quality of compounded products,” said Acting FDA Commissioner Ned Sharpless, M.D. “These drugs are not approved by the FDA and have not been evaluated for safety or efficacy, so when they’re not appropriately compounded, they have the potential to cause patients harm. We’ll continue taking enforcement actions, like the one we’re taking today, to ensure that these companies and products do not put patient health at risk.”

According to the complaint, defendants’ drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated or may have been rendered injurious to health. For example, the complaint alleges that during a 2018 FDA Inspection, defendants’ employees failed to demonstrate proper aseptic technique by, among other things, leaning into sterile areas with exposed skin and failing to maintain clean air supply when handling products intended to be sterile. The complaint further alleges that defendants failed to appropriately investigate instances of microbial contamination, mold, and yeast recovered from sterile processing areas. 

Pharm D initiated a voluntary recall of all compounded drug products intended to be sterile after the September 2018 FDA Inspection raised concerns about practices at the pharmacy. Pharm D also temporarily ceased sterile production at that time.

The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Melissa M. Green of the U.S. Attorney’s Office for the Southern District of Texas, with the assistance of Associate Chief Counsel, Enforcement, Samantha Hong of the Department of Health and Human Services’ Office of General Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Southern District of Texas, visit its website at https://www.justice.gov/usao-sdtx.

BROWNSVILLE, Texas – A 41-year-old man from Matamoros, Mexico, has been ordered to federal prison for illegal re-entry into the country, announced U.S. Attorney Ryan K. Patrick. Ciro Garcia-Herrera pleaded guilty in October 2018. 

He had previously been ordered to serve 30 months after another conviction for the same offense in October 2015. 

Today, U.S. District Judge Fernando Rodriguez ordered him to serve 30 months in federal prison on the current case. The court also revoked his supervised release term for the previous offense, adding another 21 months, 10 of which are to run consecutively for a total 40-month term of imprisonment. 

At the hearing, the court also heard he had actually been previously convicted of the same offense on five additional occasions and received varying sentences that dated back to 2005 . Each time, he was ordered not to return but repeatedly did so anyway.

On this latest incident, authorities who were investigating a report of undocumented aliens found Garcia-Herrera July 11, 2018, at a residence in Brownsville. Upon investigation, law enforcement learned he had been deported in January 2018 and ordered not to return to the United States. 

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

Customs and Border Protection - Field Intelligence Team East conducted the investigation. Assistant U.S. Attorney Oscar Ponce is prosecuting the case. 

CORPUS CHRISTI, Texas – A 35-year-old Corpus Christi resident has been ordered to federal prison following his conviction for conspiracy to sell crystal methamphetamine, announced U.S. Attorney Ryan K. Patrick. 

Brandon Sanchez, an identified member of the Mexican Mafia prison gang, pleaded guilty Feb. 14, 2019. Co-defendants Juan Lopez Jr. and Belinda Lopez have also entered guilty pleas and are scheduled to be sentenced at a later date.

Today, Senior U.S. District Judge John D. Rainey sentenced Sanchez to a total of 238 months in federal prison to be immediately followed by five years of supervised release. In imposing the sentence, the court designated Sanchez as a career offender based on his criminal history. Judge Rainey further noted that methamphetamine is a terrible and highly addictive drug and that trafficking it warrants a substantial sentence.

Authorities discovered that a drug trafficking organization was selling methamphetamine in the Corpus Christi area beginning in June 2017. Agents discovered Sanchez was supplying high purity methamphetamine - known as “ice” - to others, including Juan and Belinda Lopez. They would then sell the narcotics, often using social media.

Agents have seized approximately 50 grams of “ice” but estimate the defendants distributed multiple pounds of methamphetamine over the course of the conspiracy.

On Sept. 23, 2018, law enforcement pulled Sanchez over and found him in possession of $2,696 in U.S. currency and a stolen firearm. Sanchez had previously been convicted of violent crimes, including robbery and aggravated robbery with a deadly weapon in 2002 and 2005, respectively. 

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

The Drug Enforcement Administration, Border Patrol and the Corpus Christi Police Department conducted the joint investigation. Assistant U.S. Attorney David Paxton prosecuted the case.

McALLEN, Texas – A 26-year-old resident of Mission has been ordered to federal prison following his conviction related to a conspiracy that resulted in the death of two illegal aliens, announced U.S. Attorney Ryan K. Patrick.

The leader of the deadly alien smuggling crew - Osvaldo Gonzalez aka Chavelo - pleaded guilty to conspiracy to transport aliens Nov. 2, 2018.

Today, U.S. District Judge Randy Crane handed Gonzalez a total sentence of 262 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court also ordered him to pay restitution to the family of a victim in the amount of $6,800. In imposing the sentence, the court noted Gonzalez was responsible for the loss of two lives and that he is pending sentencing for another alien harboring offense and being a felon in possession of a firearm.

On Nov. 23, 2015, law enforcement responded to a crash in Mission involving two vehicles, one of which was carrying at least 13 aliens.

The investigation revealed the driver had gotten spooked when he saw what he believed to be an unmarked law enforcement vehicle. He attempted to evade it and ultimately veered into oncoming traffic which caused the wreck. At that time, several aliens were ejected from the vehicle.

One died at the scene. The remaining victims were hospitalized as a result of their injuries. A second victim passed away within a few weeks.

Gonzalez was identified as the leader of a group of smugglers who facilitated illegal aliens coming into the U.S. from Mexico. They would then be transported to Houston after staying at local stash houses. Gonzalez recruited several of the individuals involved in the deadly event and was scouting for law enforcement at the time of the accident.

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.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol, Texas Department of Public Safety, police departments in Palmview and Mission and the Hidalgo County Sheriff’s Office. Assistant U.S. Attorney (AUSA) David A. Lindenmuth and former AUSA Joseph T. Leonard prosecuted the case.

CORPUS CHRISTI, Texas – A federal jury has returned a guilty verdict against a 23-year-old Corpus Christi man for possession with intent to distribute cocaine and carrying a firearm during a drug trafficking offense, announced U.S. Attorney Ryan K. Patrick. The Corpus Christi jury deliberated for approximately one hour before convicting Roman Valdez following a two-day trial.

During the trial, the jury heard testimony from multiple law enforcement officers.

On Nov. 14, 2018, at approximately 3:00 p.m., they discovered Valdez passed out behind the wheel of his vehicle at a traffic light in front of Flour Bluff Elementary School. When the officers opened the door to check on him, he became combative and began reaching around inside the vehicle. During the struggle, officers discovered a loaded handgun between the driver’s seat and the center console.

Law enforcement secured the firearm but Valdez continued to reach behind the driver’s seat. He was ultimately removed from the vehicle and taken into custody.

When officers searched his vehicle, they discovered multiple bags of white powder, a black tar substance, a bag of synthetic cannabinoids, assorted prescription pills, small bags, a digital scale and a second loaded handgun in the back seat.

The controlled substances were sent to the Drug Enforcement Administration (DEA) Laboratory. Testing confirmed the substances were cocaine, heroin and 5F-MDMB-PICA – a synthetic cannabinoid.       

The defense attempted to convince the jury Valdez possessed the cocaine for personal use and the firearms were not related to any of the drugs. They did not believe those claims and found him guilty as charged.

U.S. District Judge Nelva Gonzalez Ramos presided over the trial and set sentencing for Aug. 14, 2019. At that time, Valdez faces up to 20 years imprisonment and a possible $1 million maximum fine. He also faces a minimum of five years for the firearm offense which must be served consecutively to any prison term imposed.

Synthetic cannabinoids are chemical compounds that mimic the psychoactive ingredient in marijuana. These chemical compounds can be applied to carrier mediums such as plant material and ingested using rolling papers, pipes, vaporizers or otherwise taken orally. Synthetic cannabinoids are usually sold in small, foil or plastic bags containing dried leaves (resembling potpourri) and is marketed as incense that can be smoked. It is commonly sold and known on the street as synthetic marijuana, fake weed, legal and by its popular brand names such as Spice, K2, Kush, Klimaxx and many others.

In custody since his arrest, Valdez will remain in custody pending sentencing.

The Corpus Christi Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Lance Watt and Joel Dunn are prosecuting the case.

BROWNSVILLE, Texas – A 60-year-old from El Salvador has been convicted of illegal re-entry after deportation, announced U.S. Attorney Ryan K. Patrick.

The jury deliberated for less than an hour after a one-day trial before convicting Her Onan Cienfuegos-Rivas.

The jury heard that authorities found Cienfuegos-Rivas in McAllen after having been deported. Convicted of possession of cocaine in California in 1989, he was deported thereafter.

Cienfuegos-Rivas turned himself into Border Patrol (BP) on March 19, 2019. At that time, he claimed he had crossed into the United States near Rio Grande City on a raft and was held in stash houses in an attempt to visit his family in California.

He eventually called Border Patrol to pick him up because he just wanted to go home.

At trial, the defense argued he was not in the country voluntarily because he was being held against his will at the stash houses.

The jury was not convinced and found him guilty as charged.

U.S. District Judge Rolando Olvera presided over the trial and set sentencing for Aug. 21, 2019, at which time Cienfuegos-Rivas faces up to 10 years in federal prison. He will remains in custody pending that hearing.

Customs and Border Protection Agents conducted the investigation with the assistance of BP. Assistant U.S. Attorneys Justin S. Dinsdale and Paul Marian prosecuted the case.

HOUSTON – A federal jury has convicted a 27-year-old Houston resident and member of The Sauce Factory for conspiracy and sex trafficking, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for less than eight hours before convicting Jaimian Sims after five days of trial.

At trial, the jury heard that Sims trafficked both adult and minor females.

In one instance, Sims had directed a co-defendant - Tabbetha Mangis, 22, of La Grange - to find another co-defendant - Gary Shawn Haynes Jr. - 23, of Houston - to find Haynes a girl for prostitution. The victim, only 17 years of age, was picked up from her residence and transported to a 5,000 square foot residence in Northwest Houston, known as “The Mansion.”

After a brief stay there, the jury heard that the minor was taken to the Express Inn where she was given an identification card in order to rent a room. Sims had instructed an adult victim to provide the card to the minor. He had also told that adult to take photos of the minor female victim and post ads for her which was used to solicit customers who would pay for sex. 

The jury heard testimony from the adult victim who described her fear of Sims because he always carried a gun and he had assaulted some of the other women who engaged in commercial sex on his behalf. 

Testimony also revealed the minor victim wanted to be “arrested” because she was afraid the perpetrators would think she was speaking to law enforcement on her own. This dovetailed with the government’s expert testimony on victimology and the pimp/prostitution subculture amongst those involved in that world as “the game.” The expert described for the jury the meaning of several terms associated with and used by those within this subculture to include victims and defendants. 

The jury also saw and heard three rap videos featuring Sims which contained many of the terms people use in the game.

The defense attempted to convince the jury that the women were not victims and engaged in the sex acts willingly nor did he use force, fraud 0r coercion to make them do so. They were not convinced and found him guilty of conspiracy to commit sex trafficking of a minor and sex trafficking of a minor.   

Mangis and Haynes previously pleaded guilty and are awaiting sentencing.

U.S. District Judge David Hittner presided over the trial and set sentencing for Aug. 14, 2019. At that time, Sims faces a minimum of 10 years and up to life in federal prison and a possible $250,000 maximum fine.

He will remain in custody pending that hearing. 

The Harris County Constable’s Office Precinct 4 and FBI conducted the investigation with the assistance of the Harris County District Attorney’s Office as part of the Human Trafficking Rescue Alliance (HTRA).

Established in 2004, the United States Attorney’s office in Houston formed the 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 a national model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.

Assistant U.S. Attorneys Sherri Zack and Kimberly Leo are prosecuting the case. 

CORPUS CHRISTI, Texas – A 23-year-old legal permanent resident of Katy has been ordered to federal prison following his conviction of transporting illegal aliens, announced U.S. Attorney Ryan K. Patrick. Yabar Ayan Portes-Arevalo pleaded guilty Feb. 18, 2019.

Today, Senior U.S. District Judge John Rainey handed Portes-Arevalo a 21-month sentence. He could also lose his resident status in the United States. At the hearing, the court found he endangered the lives of the illegal aliens.

On Dec. 10, 2018, Portes-Arevalo approached the primary inspection lane of the Border Patrol (BP) checkpoint near Sarita. He was driving a Ford F-150 pickup with a couch and dresser loaded in the bed of the truck wrapped in plastic. During a routine inspection, Portes-Arevalo became visibly nervous, at which time BP conducted an x-ray examination of the vehicle which showed abnormalities inside the furniture. 

BP agents removed the plastic and discovered three undocumented aliens hidden in the couch and three more inside the dresser. The dresser had been nailed shut. 

Portes-Arevalo is in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

BP conducted the investigation. Assistant U.S. Attorney Cody Barnes is prosecuting the case.

HOUSTON – A 38-year old Houston resident and documented 59 Bounty Hunters criminal street gang member has been ordered to federal prison for multiple convictions, announced U.S. Attorney Ryan K. Patrick.

Michael Wayne Ben pleaded guilty March 11, 2019, admitting he was in possession of several firearms and rounds of ammunition. With 18 prior convictions, he is not permitted to possess such per federal law.

Today, U.S. District Judge Kenneth Hoyt took into consideration Ben’s multiple convictions, granted an upward variance to the U.S. Sentencing Guidelines and ordered him to serve 115 months in federal prison. The sentence will be immediately followed by three years of supervised release.

At the hearing, the court heard that Ben was convicted of felonies twice in 1997, again in 1998, 2000, 2004, 2005, 2008, twice in 2012 and again in 2017, among other offenses.

The convictions included multiple felonies, such as possession of a controlled substance, burglary of a building, unlawful carrying of a weapon and unlawful possession of a firearm by a felon, unauthorized use of a vehicle, manufacturing or delivery of a controlled substance and assault of a family member.

The government contended a variance in the sentencing range was necessary to ensure the safety of the community.

Judge Hoyt heard that Ben once attempted to ingest 10.22 grams of crack cocaine so police would not seize it. He also stole a truck and rammed it into a grocery store to burglarize it. 

More so, the court heard about one of Ben’s prior cases in which he once strangled and beat up a women who had a newborn baby in her arms, solely because she had discovered another woman’s keys in Ben’s pockets. During the encounter, Ben had thrown the baby on the floor. In a separate incident, he kicked yet another woman in the stomach after she did not get an abortion as he had instructed.

On Oct. 22, 2018, authorities observed a 1993 Lincoln Sedan at the intersection of Deering and Woodfair in Houston, at which time they learned of an open traffic warrant for the operator of the vehicle – Ben. He stopped the car, but then fled on foot.

A law enforcement officer chased him through a nearby apartment complex and a parking lot. Ben has also jumped over the hood of a car and a small privacy fence as he continued into another apartment complex. He was ultimately taken into custody apprehended a few days later.

In his vehicle, authorities found a stolen Glock 19 9-millimeter semi-automatic pistol with a 30-round high-capacity magazine containing 20 rounds of ammunition. Also discovered was an Anderson Manufacturing AM-15 semi-automatic assault rife with a double drum high-capacity magazine which is capable of holding more than 100 rounds of ammunition. It had 16 rounds of .222 ammunition, one of which was a military grade tracer round. 

Ben 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 Bureau of Alcohol, Tobacco and Firearms conducted the investigation. Assistant U.S. Attorney Adam Laurence Goldman prosecuted the case.   

LAREDO, Texas – A 34-year-old Laredoan is now the 23rd defendant to be headed to federal prison following his conviction of money laundering, announced U.S. Attorney Ryan K. Patrick.

A federal jury convicted Daniel Laurel June 15, 2018, for having successfully laundered drug proceeds for the Romero Drug Trafficking Organization (DTO) by operating a funnel account and recruiting other Laredoans to do the same. 

Late Friday, May 17, 2019, U.S. District Judge Diana Saldana ordered him to prison for 151 months for money laundering conspiracy and money laundering concealment. As part of his sentence, Laurel also received a $285,500 money judgment or forfeiture of funds involved in his money laundering

The DTO used Laurel’s bank account and those of his recruits to funnel drug proceeds from various geographic locations, such as  Florida, Pennsylvania, North Carolina, New York and Georgia for immediate withdrawal in Laredo. Once the proceeds were withdrawn, they were provided to other Laredo co-conspirators and often taken into Mexico to leaders of the organization.  convictions. 

Laurel is one of several persons identified through a long term Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Tres Equis. These co-conspirators engaged in a scheme to distribute cocaine, methamphetamine, heroin and fentanyl through the use the U.S. Postal Service or other means such as Federal Express. They also used various U.S. bank accounts to transfer drug proceeds from distribution hub cities to cities along the Mexican border, including Laredo, and to places outside the United States, including Mexico and Ecuador.

The 22 others sentenced include Antonio Romero Jr., 32, of Orlando, Florida, who occupied a leadership position in the DTO and received a 292-month sentence. The other prison sentences ranges from 12-210 months based on their roles in the organization. Two others received probation. As part of their respective sentences, most people received a hefty money judgment or forfeiture of funds involved or traceable to drug trafficking which ranged from $1000 to $1.08 million. Additionally, non-U.S. citizen defendants are expected to face deportation proceedings and possible cancellation or denial of any previously granted visa or legal residency status.   

The Drug Enforcement Administration and IRS – Criminal Investigation conducted the OCDETF investigation. Also providing assistance was the U.S. Marshals Service, Laredo Police Department, sheriff’s offices in Webb and Zapata Counties, Webb County District Attorney’s Office, Border Patrol and the Texas Department of Public Safety.

Assistant U.S. Attorney Graciela R. Lindberg prosecuted the case.     

HOUSTON – The U.S. Attorney’s Office for the Southern District of Texas has filed a civil penalty action against Michael D. King and his solely owned company, Ascent Aviation Solutions LLC, based in Webster, announced U.S. Attorney Ryan K. Patrick.

The suit seeks $154,000 in penalties against King and Ascent, alleging King has been operating Ascent as a direct air carrier without the necessary Federal Aviation Administration (FAA) certification. A direct air carrier is one who provides, or offers to provide, air transportation and who maintains control over the operational functions performed in providing the transportation. In order to operate as a direct air carrier, one must hold an FAA-issued certificate after demonstrating one meets the requisite requirements.

The complaint alleges Ascent uses what is known in the industry as a “dry lease” to circumvent the FAA requirements for direct air carriers. Under such lease, the lessee simply leases the equipment and is responsible for all aspects of operational control of the plane. The complaint alleges Ascent entered into a dry lease with a passenger who took at least 14 trips with Ascent.

The passenger did not have operational control of the plane, according to the complaint. He allegedly only paid Ascent to fly him from one city to another.   The charges allege Ascent retained operational control of the aircraft – meaning Ascent, not the passenger, handled all flight logistics including hiring the pilots. 

The complaint alleges pilots had not passed the competency checks or instrument proficiency checks required under the FAA regulations governing direct air carriers.

“Air safety and integrity in our system is important. When operators in any industry evade regulations by naming or classifying an act as something else, we will hold them accountable,” said Patrick. AAs a licensed pilot myself, I know firsthand the training and education required to operate in the air transport industry. This action ensures passengers are protected when they seek private charter travel and companies compete in a fair manner.”

The FAA conducted the investigation. Assistant U.S. Attorney Michelle Zingaro is handling the case.

CORPUS CHRISTI, Texas – A 37-year-old U.S. citizen who was living in Mexico has been ordered to federal prison following his conviction of conspiring to possess with the intent to distribute more than 10 kilograms of heroin, announced U.S. Attorney Ryan K. Patrick.

Jose Roberto Moya pleaded guilty Oct. 26, 2018.  

Today, U.S. District Judge Nelva Gonzales Ramos determined Moya had a leadership role in the drug conspiracy and ordered him to serve 144 months in federal prison followed by five years of supervised release. 

Moya is a medical doctor who operated a clinic in Reynosa, Mexico.

Law enforcement stopped him June 6, 2018, for a traffic violation just south of Alice as he was driving with two female passengers in the vehicle. As the females exited the car, deputies noticed unusual bulges beneath their clothing. A subsequent pat-down revealed nine bundles of heroin with a total weight of more than 22 pounds strapped to their bodies. Both of the females later plead guilty to conspiring to possess with intent to distribute heroin.

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

The Drug Enforcement Administration conducted the investigation with the assistance of the Jim Wells County Sheriff’s Office. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.

LAREDO, Texas – Two men who resided in Nuevo Laredo, Tamaulipas, Mexico,  have been ordered to federal prison following their convictions of conspiracy to import methamphetamine, announced U.S. Attorney Ryan K. Patrick. Jesus Francisco Perez-Lumbreras, 36, and Gerardo Cervantes-Valenzuela, 27, pleaded guilty Jan. 29, 2019.   

Today, U.S. District Judge Diana Saldaña imposed a 120-month-term upon Cervantes-Valenzuela while Perez-Lumbreras was ordered to serve 57 months in federal prison. Not U.S. citizens, both are expected to face deportation proceedings following their sentences.  

At the hearing, the court noted Cervantes-Valenzuela was to blame for Perez-Lumbreras’ involvement in the offense.

On Nov. 26, 2018, Perez-Lumbreras and Cervantes-Valenzuela attempted to enter the United States from Mexico at the World Trade International Bridge in Laredo driving different vehicles approximately 40 minutes apart.

Perez-Lumbreras was referred to secondary inspection, at which time he became panicked and called Cervantes Valenzuela to try to remove drugs from his vehicle. Customs and Border Protection (CBP) officers stopped him as he exited his vehicle, at which time he claimed he was just attempting to remove some water from his friend’s vehicle.

Officers ultimately discovered large speaker boxes in both vehicles which contained a total of approximately 8.22 kilograms of high-purity methamphetamine (ice).

During questioning, both men admitted to having knowingly agreed with other persons in Mexico to import methamphetamine into the United States. Perez-Lumbreras claimed Cervantes-Valenzuela had promised him $40,000 Mexican pesos to smuggle the drugs from Mexico into the United States.

Cervantes-Valenzuela similarly admitted to having recruited Perez-Lumbreras.

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.

CBP and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Francisco J. Rodriguez is prosecuting the case.

HOUSTON – Two men have been ordered to federal prison following their convictions for conspiracy to commit wire fraud involving a fraudulent invoice scheme, announced U.S. Attorney Ryan K. Patrick. 

Larry Allen Page, 67, of Katy, and John A. Elsner, 53, formerly of Houston and now of Washington State, pleaded guilty Dec. 11, 2018, and Jan. 7, 2019, respectively.

Today, U.S. District Judge Nancy F. Atlas ordered Page to serve 15 months in federal prison and pay $5,467,532.54 in restitution to his victims. Two days prior, Elsner was sentenced to 51 months in prison and $5,579,532.54 in restitution. Both men will also be required to serve one and three years of supervised release, respectively, following their release from prison.   

At Elsner’s hearing, the court heard that the scheme spanned four years and the amount in false invoices grew each year of the scheme. Judge Atlas noted that the length of and repetitive nature of the criminal conduct was a factor in the decision of how long to send each to prison.

Elsner and Page defrauded a business lender of more than $4 million and two investors of $1.5 million. Elsner ran the day-to-day operations of Logistical Solutions International Inc. (LSI) as general manager and president. Page was the vice president of Finance. Elsner was also a majority shareholder in LSI. 

LSI provided corporations with logistical support and training services that facilitated the stay of international visitors on assignment to train, attend meetings and work outside their home country. LSI provided these services to the oil and gas industry in the Middle East. LSI financed their operations primarily through the factoring of the LSI’s invoices to their customers.

Elsner, on behalf of LSI, entered into a factoring agreement with a lending entity to purchase LSI’s accounts receivable at a discount. During the scheme, Page and Elsner knowingly sold falsified LSI invoices to the lender under the false pretense that LSI had completed the work described in the invoice and the invoice was a final invoice ready to be submitted to LSI’s customer.  At the time the scheme to defraud collapsed, LSI’s debt to the factoring company for unpaid false invoices was $4,037,532.54. 

Both Page and Elsner were allowed to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

IRS - Criminal Investigation and the Secret Service conducted the investigation. in Houston. Assistant U.S. Attorney Melissa Annis is prosecuting the case.

HOUSTON – A total of 50 people are now in custody following the return of a 206-count indictment alleging varying roles in a large-scale marriage fraud scheme, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and District Director Tony Bryson of U.S. Citizenship and Immigration Services (USCIS).   The federal grand jury returned the massive indictment April 30, 2019, charging 96 individuals. To date, law enforcement has taken 50 into custody. Of those, nine are set to appear for a detention hearing before U.S. Magistrate Judge Nancy Johnson at 10:00 a.m. today.   The indictment remains sealed as to those charged but not as yet in custody.   “These arrests mark the culmination of a comprehensive year-long multi-agency investigation into one of the largest alleged marriage fraud conspiracies ever documented in the Houston area,” said Dawson. “By working together with our partners from various federal law enforcement agencies we have sent a resounding message that we are united in our effort to disrupt and dismantle criminal organizations that seek to circumvent U.S. law by fraudulent means.”   The investigation targeted a suspected criminal organization allegedly operating a large-scale marriage fraud scheme. The scam involved the creation of sham marriages in order to illegally obtain admission and immigrant status for aliens in the United States, according to the indictment.   The charges allege Ashley Yen Nguyen AKA Duyen, 53, of Houston, headed the Southwest Houston-based organization and had associates operating throughout Texas and Vietnam.   “Marriage fraud is a serious crime. This indictment reveals how successful our working relationships are with our law enforcement and intelligence partners when it comes to investigating marriage fraud,” said Bryson. “USCIS remains steadfast in our commitment to ensuring national security, public safety and the integrity of the immigration system.”   A sham marriage is a marriage that is entered into for the primary purpose of circumventing immigration laws. The indictment alleges the marriages involved in this conspiracy were shams because the spouses did not live together and did not intend to do so, contrary to documents and statements they submitted to USCIS. The spouses only met briefly, usually immediately before they obtained their marriage license, or not at all, according to the charges. The spouses allegedly entered into the marriage pursuant to a financial arrangement for the primary purpose of circumventing U.S. immigration laws.   According to the charges, each beneficiary spouse entered in an agreement with Duyen in which they would pay approximately $50,000 - $70,000 to obtain full lawful permanent resident status. The agreements were allegedly prorated in that they would pay an additional amount for each immigration benefit they received, such as admission into the United States, conditional permanent resident status and full lawful permanent resident status.   In addition, Duyen and others recruited other United States citizens to act as petitioners in the sham marriages, according to the indictment, who received a portion of the proceeds received from the beneficiary spouses. Several individuals that were recruited as petitioners soon after became recruiters themselves, according to the allegations.   Others were also allegedly in charge of receiving the proceeds from the beneficiary spouses and disbursing the payments to the petitioners.   The indictment also charges several individuals to act as guides for U.S. citizen petitioners who allegedly travelled to Vietnam under the guise they were going to meet his/her fiancé. In truth, according to the indictment, they were beneficiary spouses paying the criminal organization in order to circumvent United States law.   The criminal organization also allegedly prepared fake wedding albums which were provided to the petitioner and beneficiary spouse that included photographs to make it appear as if they had a wedding ceremony above and beyond a simply courthouse marriage. The indictment further alleges the criminal organization provided false tax, utility and employment information to help ensure USCIS would approve the false immigration forms.   Also indicted is attorney Trang Le Nguyen aka Nguyen Le Thien Trang, 45, of Pearland, for obstructing and impeding the due administration of justice and tampering with a witness, victim or informant. According to the indictment, Nguyen allegedly prepared paperwork associated with at least one of the fraudulent marriages and told a witness who provided information to law enforcement to go into hiding, not engage in any air travel that may alert federal law enforcement to her presence and not provide any further information to law enforcement.   The charges include 47 counts of marriage fraud, 50 counts of mail fraud, 51 counts of immigration fraud, 51 counts of false statements under oath in matter relating to registry of aliens and one count each of conspiracy to engage in marriage fraud, conspiracy to commit mail fraud, conspiracy to commit immigration fraud, conspiracy to make false statements under oath in matter relating to registry of aliens, unlawful procurement of naturalization, obstructing and impeding the due administration of justice and tampering with a witness, victim or informant.         Conspiracy to commit mail fraud, mail fraud and tampering with a witness, victim, or informant all carry possible 20-year federal prison sentences. If convicted of conspiracy to commit marriage fraud or marriage fraud, those charged face up to five years in prison. The remaining charges all have maximum possible 10-year-terms of federal imprisonment.     HSI and USCIS conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman, Michael Day and Kate Suh are prosecuting the case.   An indictment is an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

HOUSTON – A local woman has been arrested following the return of a federal indictment alleging she filed a false tax return, announced U.S. Attorney Ryan K. Patrick and Acting Special Agent in Charge Sarah Kull of IRS – Criminal Investigation (CI).

A federal grand jury returned the indictment against Vanessa Ben April 25, 2019. She was taken into custody today and expected to make her initial appearance today before U.S. Magistrate Judge Christina A. Bryan.

The indictment alleges that from 2012 through 2015, Ben willfully filed U.S. Individual Income Tax returns she did not believe to be true and correct. She allegedly filed these returns knowing she was not entitled to claim several items on her returns.

If convicted, she faces up to three years in federal prison and a possible $100,000 maximum fine.   

IRS-CI conducted the investigation. Assistant U.S. Attorney Rodolfo Ramirez 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.

VICTORIA, Texas – A 30-year-old Cuero resident has been ordered to federal prison following his conviction of assault on a federal agent and related firearms charges, announced U.S. Attorney Ryan K. Patrick. Joseph Brent Benoit pleaded guilty Jan. 7, 2019.

Today, Senior U.S. District Judge John D. Rainey sentenced Benoit to 60 months for the assault on a federal agent and being a felon in possession of a firearm. He was also ordered to serve a 120-month term of imprisonment for discharging a firearm in relation to a crime of violence which must be served consecutively to the other sentence imposed.

On  supervised release when he committed this offense, Judge Rainey further ordered Benoit also to serve 30 months on the revocation on that term, 10 of which was to be served consecutively to the new sentence. 

The total 190-month prison term will be immediately followed by three years of supervised release.

On Aug. 8, 2017, deputies with the U.S. Marshals Service (USMS) were attempting to execute a felony arrest warrant for Benoit. When officers observed Benoit driving a black Chevrolet truck in Dewitt County, they requested the assistance of local law enforcement in stopping the vehicle. At that time, Benoit briefly stopped but then fled in the vehicle. Authorities pursued him until coming to a stop at his residence.

Benoit exited the truck and ran to the residence while carrying an assault rifle. Shortly thereafter, agents heard a single gunshot and immediately retreated to a position of safety and cover outside the residence. Law enforcement verbally attempted to get Benoit to exit the location, but were unsuccessful.

After a multi-hour stand-off, law enforcement officers were able to gain entry into the residence and located Benoit hiding in a crawl space under the floor that was accessed by a hidden door in the floor of the residence. At the time Benoit was arrested and taken into custody, USMS deputies observed the assault rifle laying on the ground next to him - an AR-15 style, .223 caliber semi-automatic rifle. During a search of Benoit, officers discovered 37 rounds of .223 caliber ammunition in his pants pockets. Benoit had previously been convicted of a felony and is prohibited by federal law from possessing firearms and ammunition.

After authorities secured the scene, they discovered a round hole in the glass on the front door that was consistent in size with a .223 caliber bullet. Based on the damage surrounding the hole, it appeared the bullet was fired from inside the residence. Federal agents were able to locate a fired .223 caliber casing inside the residence and the fired .223 caliber bullet outside in a wooden railing along the approach to the front door.

Benoit has been and will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility.

USMS, the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Cuero Police Department and Texas Rangers conducted the investigation with the assistance of the Corpus Christi Police Department Bomb Squad, Dewitt County Sheriff’s Office, Victoria Police Department, Texas Department of Public Safety, and the Victoria County Sheriff’s Office. Assistant U.S. Attorneys Patti Booth and Lance Watt are prosecuting the case.

HOUSTON – A 39-year-old Houston woman is set to appear in federal court following the return of a four-count indictment alleging bank fraud, announced U.S. Attorney Ryan K. Patrick.

Lori Nan Dean is set to make her initial appearance before U.S. Magistrate Judge Christina Bryan at 10:00 a.m. today.

The indictment, returned April 30, 2019, alleges that while employed at the International Bank of Commerce (IBC), she defrauded them of $144,300. She allegedly made unauthorized withdrawals of money through the submission of fraudulent debit general ledger tickets.

According to the indictment, Dean made false entries in the books and records of IBC to conceal her fraud.

The alleged bank fraud scheme lasted from approximately Jan. 2, 2016 through Aug. 2, 2017.  

Each count of bank fraud carries a maximum penalty of 30 years imprisonment and a fine up to $1 million.

The FBI conducted the investigation. Assistant U.S. Attorney John Braddock is prosecuting the case.

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

McALLEN, Texas – A 27-year-old man residing in Donna has been taken into custody on charges of receipt of child pornography, announced U.S. Attorney Ryan K. Patrick.

Law enforcement arrested Angel DeJesus Torres at his residence last night. He is expected to make his initial appearance before U.S. Magistrate Judge Scott Hacker at 10:30 a.m. today.

The complaint alleges Torres downloaded, received and possessed hundreds of images and videos of child pornography on electronic devices.

Authorities conducted on investigation to identify persons using peer-to-peer software on the internet to traffic in child pornography and ultimately located a computer, allegedly linked to Torres. They conducted a search at his residence and seized two cell phones, according to the charges.

The complaint alleges law enforcement discovered multiple image and video files of child pornography on at least one of those devices.

The allegations indicate he had been engaged in similar behavior for many years.

If convicted, Torres faces up to five years in federal prison and a possible fine.

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 Steven Belt and Andrew Henning are prosecuting 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."

A criminal complaint 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 28-year-old legal permanent resident alien who resided in Houston has been convicted of conspiring to and transporting an illegal alien within the United States, announced U.S. Attorney Ryan K. Patrick.

A federal jury sitting in Corpus Christi convicted Arturo Javier Garcia-Perez following two days of trial and less than an hour of deliberation.

A Robstown police officer had pulled over a black 2007 Chevy pickup truck in the early morning hours of Jan. 27, 2019, on Highway 77 near Terrie Shamsie Boulevard for a faulty license plate light and obstructed view. 

Garcia-Perez was the driver. While being questioned, Garcia-Perez began to be  evasive.

There were three others in the vehicle who were also questioned. The stories conflicted. Border Patrol was called to assist and ultimately determined that one of the occupants was a citizen of Honduras, illegally present in the United States.

The jury heard Garcia-Perez admitted to agents that he had dropped off his co-defendants and the illegal alien south of the Falfurrias border patrol checkpoint and picked them up north of the checkpoint.

Garcia-Perez attempted to convince the jury that he didn’t know the status of the alien. They did not believe his claims and found him guilty as charged.

U.S. District Judge Nelva Gonzales Ramos presided over the trial and set sentencing for July 24, 2019. At that time, Garcia-Perez faces up to 10 years for the conspiracy and five years for transportation of an illegal alien. He could also be imposed up to $250,000 in fines and could lose his status as an LPR.

Previously released on bond, Garcia-Perez was taken into custody following the verdict today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Border Patrol and the Robstown Police Department conducted the joint investigation. Assistant U.S. Attorneys Jason Supplee and Michael Hess are prosecuting the case.

HOUSTON – A 46-year-old Houston man has been ordered to federal prison following his conviction of conspiracy to commit health care fraud, announced U.S. Attorney Ryan K. Patrick.

Keeble Lovall pleaded guilty July 31, 2018, after less than two days of trial and hearing from 10 witnesses. 

Today, U.S. District Judge Miller handed Lovall a 63-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, the court noted the sentence was appropriate to deter future health care fraud.

Lovall was the owner of Your Health EMS from 2009 through 2012. Beginning in September 2011 until May 2012, Lovall knowingly billed Medicare and Medicaid falsely for non-eligible transports. Some of the fraudulent billing involved Lovall submitting claims to Medicare and Medicaid for individual ambulance transports, when in fact, multiple patients were being transported via one ambulance.

Other fraudulent billings involved Your Health submitting claims for transporting Medicare patients via an ambulance to Partial Hospitalization Programs (PHPs) at various facilities, which is an unauthorized transport per Medicare. Additionally, Lovall billed Medicare through Your Health for ambulance transportation services when there was no medical necessity for the transport.

As a result of Lovall’s actions, Your Health falsely billed Medicare for approximately $2,835,930 in ambulance transports, which were never provided or which were not medically necessary. Lovall caused Medicare to directly deposit approximately $1,063,913.58 into Your Health’s bank account for ambulance transports, which were never provided or which were not medically necessary.

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

The Medicaid Fraud Control Unit of the Texas Attorney General's Office, IRS - Criminal Investigation, FBI, Department of Health and Human Services - Office of Inspector General conducted the joint investigation. Assistant U.S. Attorneys Rodolfo Ramirez and Zahra Jivani Fenelon prosecuted the case.

BROWNSVILLE, Texas – A 38-year-old Brownsville man has been sentenced for possession with intent to distribute 15.12 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick. Vicente Manuel Murillo, of Brownsville, pleaded guilty July 6, 2018.

Today, U.S. District Judge Rolando Olvera sentenced Murillo to a 60-month term of imprisonment to be immediately followed by two years of supervised release. In handing down the sentence, the court admonished Murillo, telling him that should he ever be foolish enough to commit another offense in the future, his sentence would be a lot higher.

At the time of his plea, Murillo admitted he knowingly possessed the methamphetamine with intent to distribute it to another person within the United States.

The case originated Jan. 20, 2017, when co-conspirator Maria Guadalupe Villanueva, 56, of Brownsville, attempted to enter the United States through the B&M Bridge Port of Entry in Brownsville driving a 2005 Jeep Grand Cherokee. She was the sole occupant and registered owner of the vehicle. During inspection, authorities discovered  15.12 kilograms (33.26 pounds) of methamphetamine hidden within Rockaleta lollipop candy bags in the vehicle.

Upon arrival, Villanueva claimed her cousin - Bibiana Paz, 48, of Brownsville - had given her the candy in Matamoros, Mexico, to bring into the United States for a birthday party. However, the primary inspector had immediately noticed it was not a lollipop, but felt liked crushed rocks and sent her to secondary inspection. There, she again gave the same statement.

Villanueva was going to take the bags to Paz’s apartment. Villanueva indicated Paz placed the candy into the vehicle and had stayed in Matamoros in order to continue shopping. Law enforcement, however, discovered Paz had actually crossed into the United States through the same port approximately three minutes after Villanueva’s attempted entry. Villanueva also indicated, that because of Paz’s history, she suspected there were narcotics hidden in the candy bags and asked Paz why she did not want to cross the candy herself. She also indicated she asked Paz “You wouldn’t do that to me?” She indicated Paz shook the bags and told her there were no narcotics in the bags.

On Feb. 8, 2017, law enforcement arrested Paz, at which time she admitted she had asked Villanueva to bring the candy into the United States after Murillo had given her the merchandise in Matamoros. She indicated the candy was going to be delivered to Murillo in Brownsville.

She said that on Jan. 20, 2017, she followed Villanueva into the United States and noticed Villanueva had been detained. She admitted she delivered a separate batch of candy to Murillo at a local parking lot after she informed him that Villanueva was detained at the bridge.

Murillo was later arrested and stated he was supposed to receive the narcotics Villanueva was bringing into the United States. He claimed the narcotics supplier in Mexico told him to take custody of the narcotics from Paz and admitted he was going to deliver them to another person within the United States.

Judge Olvera previously sentenced Villanueva and Paz for their roles in the offense to 31 and 60 months, respectively.

Murillo has been and 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 and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Angel Castro prosecuted the case.

HOUSTON – A local man has entered a guilty plea to filing false joint 2015 tax return, admitting he falsely claimed a tax refund of more than $15,000, announced U.S. Attorney Ryan K. Patrick along with Acting Special Agent in Charge Sarah Kull of IRS-Criminal Investigation (CI).

According to the plea agreement filed in the record of the case, Christopher Hatton falsely inflated the amount of federal income tax withholdings and unreimbursed employee expenses claimed on his joint 2015 income tax return. The inflations were more than $38,000 each in withholdings and unreimbursed employee expenses.

Hatton’s tax return claimed a false income tax refund of in excess of $15,000 when he actually owed more than $18,000 in income taxes for the year. 

The plea agreement further states when audited, Hatton provided an altered form W-2 and altered bank statements to support the false amounts claimed on his 2015 tax return. Hatton further admitted he also filed tax returns for 2012, 2013, 2014 and 2016, claiming false items.

The plea agreement further indicates the total tax loss Hatton caused the IRS was in excess of $126,000.

U.S. District Judge Nancy Atlas accepted the guilty plea and has sentencing for July 17, 2019. At that time, Hatton faces up to three years in federal prison and a possible $250,000 maximum fine.

He was permitted to remain on bond pending that hearing.     

IRS-CI conducted the investigation. Assistant U.S. Attorney Charles J. Escher is prosecuted the case.

LAREDO, Texas – A 39-year-old Mexican national has just admitted he assaulted a Border Patrol (BP) agent with a flashlight, announced U.S. Attorney Ryan K. Patrick.

Melecio Lopez-Hernandez was arrested Feb. 7, 2019, after a BP agent encountered him walking through the brush south of Freer. He began to struggle as the agent attempted to detain him, during which time Lopez-Hernandez dislodged a flashlight that was clipped to the agent’s outer vest.

After verbally threatening him, Lopez-Hernandez then struck the agent in the head with the flashlight. The agent sustained injuries from the impact.  

Sentencing has been set for Sept. 17, 2019, before U.S. District Judge Marina Garcia Marmolejo. At that time, Lopez-Hernandez faces up to 20 years in prison and a possible $250,000 fine.

He has been and will remain in custody pending that hearing

The FBI and Border Patrol conducted the investigation. Assistant U.S. Attorney Jennifer Day is prosecuting the case.