Southern District of Texas

HOUSTON – The CEO of Team Work Ready (TWR) has received a significant federal sentence for conspiracy, health care fraud, wire fraud and money laundering, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Christopher Cave of the U.S. Postal Service - Office of Inspector General (USPS-OIG), Special Agent in Charge Steven Grell of the U.S. Department of Labor (DOL) – OIG, Assistant Special Agent in Charge Ramsey Covington of IRS-Criminal Investigation (CI), Special Agent in Charge James Werner of the Department of Veterans Affairs (VA) – OIG and Special Agent in Charge David J. Green of the Department of Homeland Security (DHS) – OIG.

A federal jury convicted Jeffrey Eugene Rose Sr., 56, along with his wife - chief financial officer (CFO) Pamela Annette Rose, 56 - and the clinic’s vice president of operations Frankie Lee Sanders, 56, following 14 hours of deliberation on Oct. 17, 2016.

Today, U.S. District Judge Ewing Werlein Jr., who presided over the trial, sentenced Rose to 233 months in federal prison and ordered him to pay $14,537548.54 in restitution to the DOL, Office of Worker’s Compensation Program (OWCP) which administered the Federal Employees Compensation Act health care benefit program known as FECA. In arriving at the sentence, Judge Werlein considered the seriousness of the offense and the $18,354,971 in fraudulent claims submitted from Rose’s 10 TWR clinics located in Texas, Louisiana, Georgia, Memphis and Alabama, including clinics in Houston, San Antonio, and McAllen. Rose will also be required to serve three years supervised release upon completion of the prison term.

“The sentence imposed today serves as a clear deterrent to those engaging in fraud against federal benefit programs,” said Cave. “USPS-OIG, along with our law enforcement partners, will continue to aggressively pursue these investigations and exhaust all efforts in uncovering these fraud schemes.”

Pamela Rose and Sanders were previously sentenced July 21, 2017, to 120 and 300 months, respectively.

During the trial, the jury heard testimony from 38 witnesses including former patients of TWR clinics, former employees of TWR clinics, various experts and special agents from USPS-OIG and IRS-CI. According to testimony, TWR submitted millions in false and fraudulent claims for physical therapy services.

“Jeffrey Rose orchestrated a fraudulent scheme to submit more than $18 million in claims for services never provided to injured federal workers to DOL-OWCP using the health care clinics he owned in multiple states,” said Grell. “We will continue to work with our law enforcement partners to protect the integrity of department programs and safeguard taxpayer money.”

“Our system of health care is founded on the trust of the public in its health care professionals and the outstanding services they provide. The health care fraud and money laundering activities committed by Jeffrey Rose and his co-conspirators harms all Americans, as we all have to pay our fair share for government services and protections that we enjoy,” said Covington. “IRS-CI agents along with our law enforcement partners remain committed to ending healthcare fraud conspiracies and seeking justice for those involved in these crimes.”

Patients testified at trial that they did not receive the one-on-one physical therapy services for which DOL-OWCP paid under FECA. Rather, they stated they exercised independently on treadmills, bicycles, elliptical machines and with the Nintendo Wii game as well as other pieces of exercise equipment. One patient described an electronic massage chair in the San Antonio clinic, while another patient testified that unlicensed staff told him to do exercises on both of his arms, although he only injured his left elbow and to use the electronic massage chair and the treadmill for his injury. Similarly, a patient from Houston testified that she was asked to do some exercises that had nothing to do with her carpal tunnel wrist injury, specifically walking on a treadmill.

Testimony from former TWR employees revealed that the Houston clinic had as many as 30 – 60 patients a day and that employees did not know what the patients were doing in the main treatment area because they were busy in the back doing massages, electrical stimulation treatments and ultrasound treatments. Patients at the New Orleans clinic were instructed to go back to the therapy room to begin doing exercises by themselves. Employees testified that they did not perform all the one-on-one services documented on patient treatment notes and admitted they frequently completed the patient treatment notes at the end of the day by following a “cheat sheet” and asking each other and the patients what activities had been done. Various individuals described the treatment as “like a gym.”

Undercover federal agents posed as patients at two of the TWR clinics. The jury watched portions of covertly made recordings that supported the employee and patient testimony about clinic activities. The jury also heard several recordings a TWR employee made demonstrating how  the defendants tried to coerce her into ordering medically unnecessary treatment so the clinics could profit.

As explained during the trial by DOL-OWCP’s chief fiscal officer, FECA does not pay for professional services performed by unlicensed aides. Under FECA rules, a chiropractor can only be paid when they treat spinal subluxation or when they personally perform physical therapy under the direction of, and as prescribed by, a medical doctor. They also cannot direct unlicensed individuals to perform skilled physical therapy services. Specifically, in relation to this case, TWR falsely and fraudulently submitted claims for skilled one-on-one physical therapy services provided by a licensed chiropractor when, in reality, the services were not provided as described.

Rose and his wife were also convicted of money laundering after another TWR employee testified about the pair moving $700,000 out of TWR accounts to hide it from the federal government in July 2013, while federal agents executed search warrants at multiple TWR locations.

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

USPS - OIG, DOL - OIG, IRS - CI, Department of Veterans Affairs - OIG, and Department of Homeland Security – OIG conducted the investigation.  Assistant U.S. Attorneys (AUSA) Julie Redlinger and Daniel Rodriguez prosecuted the case. AUSA Kristine Rollinson handled the forfeiture matters.

BROWNSVILLE, Texas – A 20-year-old U.S. citizen who was living in Matamoros, Mexico, has been ordered to federal prison following her conviction for possession with intent to distribute 2.96 kilograms of methamphetamine, announced U.S. Attorney Ryan K. Patrick.

Neydie Yuribia Garcia-Perez pleaded guilty in March 2017. Today, U.S. District Judge Andrew S. Hanen ordered her to serve 130 months in federal prison to be immediately followed by four years of supervised release.  

On Nov. 11, 2016, Garcia-Perez arrived at the Gateway Port of Entry located in Brownsville driving a Ford Expedition. She declared herself to be  a U.S. citizen named Neydie Yuribia Garcia-Perez and possessed a Mexican-issued driver’s license, a copy of a U.S. birth certificate and a Social Security card bearing her name. During inspection of her vehicle, authorities found 2.96 kilograms (6.5 pounds) of methamphetamine concealed in a compartment beneath the glove box.

Later, she gave a statement saying her name was actually Ana Josefina Perez and that she used the false identity of Garcia-Perez for several years when given the documents with that name. She claimed that an unknown individual picked up her vehicle shortly before noon and had the Expedition until about 9 p.m. She said she was to receive between $500 and $1,000 for crossing her vehicle into Brownsville. Garcia-Perez further admitted she was aware of a compartment in the vehicle, knew there might be narcotics inside, that she planned to drive to Houston and that she was to smuggle bulk currency in the vehicle compartment from Houston to Mexico.

She was arrested and charged under the name of “Ana Josefina Perez.”

Following her indictment, she claimed her true name was Garcia-Perez as she had initially told agents, admitting that she had given the name of her sister to customs officials in an effort to avoid prosecution.

Cruz-Garcia 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. Assistant U.S. Attorney Oscar Ponce prosecuted the case.

HOUSTON - An Indiana man was arrested yesterday in Indianapolis in connection with allegations he laundered the proceeds of an international advance-fee scheme through a used-car dealership he owned and operated. The scam allegedly involved false promises of investment funding by individuals impersonating U.S. bank officials to victims around the world, who were told they had to make certain payments before they could supposedly receive their funding. In some cases, the perpetrators allegedly met with the victims at local U.S. embassies or consulates and fabricated U.S. government documents to make the victims believe the U.S. government was sponsoring the investment agreements. Proceeds of the scheme were allegedly laundered through U.S. bank accounts and diverted back to the scheme’s perpetrators in Nigeria.

U.S. Attorney Ryan Patrick of the Southern District of Texas (SDTX), Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Inspector General Steve A. Linick of the U.S. Department of State made the announcement.

Tochukwu Nwosisi, 47, of Indianapolis, was charged in a superseding indictment filed in U.S. District Court for the Southern District of Texas with one count of conspiracy to launder monetary instruments and one count of concealment money laundering. The superseding indictment includes charges against five other individuals who were previously charged in an indictment filed in February 2018 in connection with the same scheme. Nwosisi made his initial appearance yesterday in the U.S. District Court in Indianapolis.

According to the superseding indictment, Nwosisi owned and operated a used car dealership in Indianapolis called Indyrides LLC.  As part of his alleged involvement in the conspiracy, Nwosisi received international and domestic wire transfers from victims of the advance-fee scheme into his business bank accounts. The victims were under the impression that such payments were necessary to receive their investment funding. Nwosisi allegedly used the victims’ payments to, among other things, pay himself a portion of the funds and purchase vehicles that he then shipped to the scheme’s perpetrators in Nigeria. As banks closed his accounts for suspicious activity, Nwosisi continued to open new bank accounts to receive payments from victims.

The FBI and Department of State - Office of Inspector General conducted the investigation. SDTX Assistant U.S. Attorney (AUSA) Suzanne Elmilady is prosecuting the case along with Trial Attorney William E. Johnston of the Criminal Division’s Fraud Section. SDTX AUSA Kristine Rollinson is handling the forfeiture matters.

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

 

WASHINGTON – An Indiana man was arrested yesterday in Indianapolis in connection with allegations that he laundered the proceeds of an international advance-fee scheme through a used-car dealership he owned and operated.  The scam allegedly involved false promises of investment funding by individuals impersonating U.S. bank officials to victims around the world, who were told they had to make certain payments before they could supposedly receive their funding.  In some cases, the perpetrators allegedly met with the victims at local U.S. embassies or consulates and fabricated U.S. government documents to make the victims believe the U.S. government was sponsoring the investment agreements.  Proceeds of the scheme were allegedly laundered through U.S. bank accounts and diverted back to the scheme’s perpetrators in Nigeria.

Acting Assistant Attorney General John P. Cronan 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 Inspector General Steve A. Linick of the U.S. Department of State made the announcement.

Tochukwu Nwosisi, 47, of Indianapolis, was charged in a superseding indictment filed in U.S. District Court for the Southern District of Texas with one count of conspiracy to launder monetary instruments and one count of concealment money laundering.  The superseding indictment includes charges against five other individuals who were previously charged in an indictment filed in February 2018 in connection with the same scheme.  Nwosisi made his initial appearance yesterday in the U.S. District Court in Indianapolis.

According to the superseding indictment, Nwosisi owned and operated a used car dealership in Indianapolis called Indyrides LLC.  As part of his alleged involvement in the conspiracy, Nwosisi received international and domestic wire transfers from victims of the advance-fee scheme into his business bank accounts.  The victims were under the impression that such payments were necessary to receive their investment funding.  Nwosisi allegedly used the victims’ payments to, among other things, pay himself a portion of the funds and purchase vehicles that he then shipped to the scheme’s perpetrators in Nigeria.  As banks closed his accounts for suspicious activity, Nwosisi continued to open new bank accounts to receive payments from victims.

The charges in the superseding indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by the FBI and Department of State Office of Inspector General.  The case is being prosecuted by Trial Attorney William E. Johnston of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Suzanne Elmilady of the Southern District of Texas.  Forfeiture is being handled by Assistant U.S. Attorney Kristine Rollinson of the Southern District of Texas.

HOUSTON – A federal jury has convicted an international businessman and his wife of international parental kidnapping, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Perrye K. Turner of the FBI. The jury deliberated for more than two days following a 10-day jury trial before convicting Carlos Otavio Guimaraes, 67, and Jemima Guimaraes, 66.

“International parental kidnapping is a terrible crime,” said Patrick. “This jury of 12 heard heart-wrenching evidence of a father who just wants to see his little boy. I applaud today’s verdict and want everyone to know that our office will not rest until the mother is back on U.S. soil to face her own kidnapping charges.”

The jury heard that the child’s grandparents helped illegally retain the child in Brazil away from his father in Houston. The mother and minor child traveled to Brazil to attend a family event in July 2013, but were supposed to return to Houston no later than July 20, 2013. The child was never returned to the United States.  

“The FBI is committed to investigating those who remove or attempt to remove a child from the United States, or retain a child outside the United States, with the intent to obstruct another parent's custodial rights,” said Turner.

During trial, the jury heard how the child’s mother allegedly orchestrated a plan to travel to Brazil for her brother’s wedding via an agreed travel agreement as part of the pending divorce. While in Brazil, she went to a Brazilian state court and obtained custody of the minor. From that moment forward, the father of the child was limited in his ability to visit with his son. The visits he did have were supervised by a guard hired by the child’s mother. Currently, despite a Harris County divorce ruling in 2015 favorable to the father, his ability to maintain a relationship with his son has been incredibly difficult. The child no longer speaks English, and the father had to learn Portuguese to navigate the Brazilian legal system and communicate with his son.

The child’s father testified and told the jury that all he ever wanted was for his son to return to Houston so he could be a constant presence in his life. 

Evidence was also presented which included the fact that the grandparents support their daughter by providing housing and employment. Additionally, when the father would visit Brazi, Jemima was present for most of the exchanges of the child. Video evidence showed both Carlos, Jemima, the hired guard and their Brazilian attorney at one of the exchanges.

The defense attempted to convince the jury that the Brazilian court rulings should be respected despite the fact they disregard the father’s position. The rulings found the United States was not the place to raise a child in the “egotistical profile of the American family.” 

The defense provided an expert on the Hague Convention to testify, but that expert was unable to give even one example of a child that has been returned from Brazil when the abducting parent was alive and domiciled in Brazil. Further, the expert acknowledge the U.S. State Department has found Brazil to be non-compliant with the provisions of the Hague Convention on the Civil Aspects of International Child Abduction since 2006.

The defense claimed the mother was fleeing from domestic violence, but evidence failed to support that claim. The jury ultimately found Carlos and Jemima Guimaraes guilty of international parental kidnapping.

A sentencing date is expected to be set at later date. At that time, the couple faces up to three years in federal prison.

They were permitted to remain on bond pending that hearing.

The child’s mother - Marcelle Guimaraes, 40 - is also charged but remains a fugitive in Brazil. She is presumed innocent unless and until convicted through due process of law.

The FBI conducted the investigation. Assistant U.S. Attorneys Sherri L. Zack and Kimberly Ann Leo are prosecuting the case.

“We thank AUSAs Zack and Leo for their commitment to bringing justice and a successful conclusion to this unique case,” said Turner. “Prosecutors generally have no control over the custodial decisions affecting the child or whether foreign authorities will order the return of the child.”

If you are a parent or legal custodian who has been deprived of your child through abduction, please see the Department of Justice’s International Parental Kidnapping webpage for more information.

HOUSTON – A local tax return preparer has been ordered to federal prison following her conviction of willfully aiding and assisting in the preparation of a false tax return for a client, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Rick Goss of IRS-Criminal Investigation. Crystal T. Kemp pleaded guilty Oct. 12, 2017.

Today, U.S. District Judge Sim Lake handed Kemp a 30-month sentence to be immediately followed by one year of supervised release. In handing down the sentence, the court noted Kemp’s conduct spanned four years and included the preparation of multiple false tax returns for the same clients.

“Today’s sentencing of Kemp puts an end to the activities of someone who made a living off of defrauding the public.  This should send a message to other unscrupulous tax return preparers,” said Goss. “IRS-CI Special Agents and the U.S. Attorney’s office will continue to work vigorously to stop dishonest tax return preparers and their criminal behavior.”

In the plea agreement filed in the record of the case, Kemp admitted she prepared income tax returns for clients of her business in Houston named CQ Tax Preparation. Kemp willfully placed several false items on the tax returns, including false losses from sole proprietorships, false refundable American Opportunity Credits, false earned income credits and false child tax credits.

According to the plea agreement, Kemp admitted she prepared 41 false income tax returns for clients with a combined tax loss to the United States of $429,131. Kemp also prepared a false 2015 income tax return for an undercover IRS agent posing as a taxpayer, claiming a false income tax refund of $5,546 when the tax return should have reflected a tax due and owing of $1,270.       

Kemp further admitted in the plea agreement that she claimed a false income tax refund on her 2013 and 2014 personal income tax returns that resulted in a combined tax loss to the United States of an additional $96,608. 

Previously released on bond, Kemp was taken into custody following the sentencing today where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Justin R. Martin is prosecuting the case.

HOUSTON ‐ A man using a false identification has entered a guilty plea in a scheme to obtain a fraudulent government loan for damage sustained from Hurricane Irma, announced U.S. Attorney Ryan K. Patrick.

Oluseyi Jeremiah Olagoke Adebayo aka Jeremiah Adebayo Oluyesi, 44, a Nigerian man who illegally resided in Houston, pleaded guilty to fraud in connection with a major disaster. He admitted that from October 2017 to February 2018, he used the identification of an Orlando, Florida, resident in an attempt to obtain a fraudulent disaster home loan from the Small Business Administration (SBA) in connection to Hurricane Irma.

The SBA provides long-term low-interest loans to businesses and non-profit organizations in the aftermath of a declared disaster. Loan proceeds are to be used solely for the repair or replacement of real estate, inventory, supplies, machinery and equipment damaged during a declared disaster. Hurricane Irma impacted the Gulf Coast region, including the state of Florida, and was declared a disaster in September 2017. 

Adebayo admitted he aided and abetted others in submitting an application to the SBA in October 2017 for a $118,900 home disaster loan which contained several potential fraud indicators. Further, Adebayo admitted he attempted to collect on the loan for the Florida property.

Adebayo appeared at a U.S. Post Office in Houston on Feb. 7, 2018, to obtain the fraudulent loan disbursement check. At that time, he used a counterfeit passport with the identification of the Florida resident to obtain the check. At that time, he was also found in possession of a counterfeit U.S. visa.   

U.S. District Judge Gray Miller accepted the plea and set sentencing for Aug. 16, 2018, at which time Adebayo faces up to 30 years in prison and a possible $250,000 maximum fine. He will remain in custody pending that hearing.  

SBA-Office of Inspector General and U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Michael Day is prosecuting the case.

BROWNSVILLE, Texas – The son of the former Gulf Cartel leader has admitted he illegally possessed a firearm and impersonated a U.S. Marshal, announced U.S. Attorney Ryan K. Patrick.

On March 14, 2018, authorities responded to the SKY Bar and Lounge in Brownsville in response to reports of an individual within the club brandishing a firearm. That person was identified as Osiel Cardenas Jr., 26. He was found next to his vehicle within the SKY Bar and Lounge parking lot and arrested for public intoxication. At the time of his arrest, Cardenas informed officers he was a U.S. Marshal and asked them to look at his badge. Hanging on his neck, under his shirt, officers located a gold colored Cameron County District Attorney’s badge. Officers also found a Bersa, .380 caliber firearm inside his vehicle which also contained his identification documents and currency.

Witnesses identified Cardenas as the individual inside the nightclub brandishing the firearm. They also identified the firearm recovered from his  vehicle as the firearm they had seen Cardenas brandish within the nightclub. They indicated Cardenas had also displayed a gold colored badge and identified himself as a U.S. Marshal. The witnesses indicated Cardenas ordered patrons to leave the nightclub or they would be arrested for failure to follow his commands.

Cardenas, who has been in custody since his arrest, will remain in custody pending his sentencing hearing, set for Aug. 27, 2018, before U.S. District Judge Andrew S. Hanen. At that time, he faces up to 10 years for the felon in possession of a firearm as well as another three years for impersonating a U.S. Marshal. Both convictions also carry a possible $250,000 maximum fine.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Brownsville Police Department conducted the investigation. Assistant U.S. Attorney Angel Castro is prosecuting the case.

HOUSTON – A 52-year-old Mexican citizen who illegally resided in Houston was ordered to federal prison for 30 years for his conviction of trafficking a kilogram of methamphetamine, announced U.S. Attorney Ryan K. Patrick. Arturo Hernandez-Villegas pleaded guilty Aug. 15, 2016.

Today, Senior U.S. District Judge David Hittner sentenced Hernandez-Villegas to serve 360 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following his sentence.

At the time of his plea, Hernandez-Villegas admitted to playing a key role in attempting to deliver methamphetamine in the Houston area, including a delivery of approximately one kilogram of methamphetamine on June 12, 2014.

This delivery was part of an investigation that began in early 2014 which identified Hernandez-Villegas and his brother Lorenzo Hernandez-Villegas as leaders of a drug trafficking organization that primarily trafficked large quantities of methamphetamine and cocaine.

On June 6, 2014, a confidential source (CS) called Arturo Hernandez-Villegas, during which time Arturo Hernandez-Villegas agreed to sell a kilogram of methamphetamine for $10,500. Approximately a week later, they met at a restaurant to complete the transaction. Shortly after their arrival, Arturo Hernandez-Villegas called his brother who arrived with the methamphetamine. The CS provided the money to Lorenzo Hernandez-Villegas, who, in turn provided the methamphetamine.

Authorities took control of the drugs and sent it for further chemical analysis, which demonstrated it had a net weight of 943 grams and a purity of 98.4%. The drugs had been imported from Mexico.

The evidence in the case also revealed Arturo Hernandez-Villegas was involved in other drug trafficking trafficking transactions totaling approximately nine kilograms of methamphetamine and 10 kilograms of cocaine for which he was held accountable at the hearing today. 

He 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, Houston Police Department and Harris County Sheriff’s Office conducted this Organized Crime Drug Enforcement Task Force investigation. Assistant U.S. Attorney Arthur R. Jones is prosecuting the case.

HOUSTON – Two Houston individuals have been ordered to federal prison following their convictions of conspiracy to commit access device fraud, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Steven Grell of the U.S. Department of Labor - Office of Inspector General (DOL-OIG) and Special Agent in Charge Rick Goss of IRS-Criminal Investigation (CI). Trenecia Moore, 34, and Michael Muniz, 28, pleaded guilty Oct. 24, 2017, and Jan. 8, 2018, respectively.

Today, U.S. District Judge Nancy F. Atlas sentenced Moore to 23 months in prison, while Muniz was sentenced to 12 months and one day. Moore and Muniz will also serve three years of supervised release and pay restitution, jointly and severely, in the amounts of $716,054 and $361,597, respectively.

The pair were indicted in June 2017. Moore filed false tax claims and unemployment insurance claims with identifying information of others. She then loaded the funds from those false claims onto debit cards and had them delivered to false addresses. Muniz assisted her in retrieving the cards and withdrawing the funds.

“Moore and Muniz defrauded the State of Texas Unemployment Insurance (UI) Trust Fund and the IRS by conspiring with others to steal the personally identifiable information of unwitting individuals in order to file fraudulent UI claims and federal tax returns,” said Grell. “We will continue to work with our federal and state law enforcement partners to safeguard the UI system from those who exploit these benefit programs.”  

“The sentencing of Moore and Muniz brings justice and hopefully some closure for the victims of this stolen identity fraud scheme,” said Goss.  “IRS-CI special agents are dedicated to stopping identity thieves like these and will continue to work diligently with our law enforcement partners to put an end to these schemes.”

Moore and Muniz were permitted to remain on bond and surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

DOL-OIG, IRS-CI and Texas Workforce Commission conducted the investigation with the assistance of the FBI. Former Assistant U.S. Attorney (AUSA) Andrew Leuchtmann and AUSA Carolyn Ferko prosecuted the case.  

CORPUS CHRISTI, Texas – A 41-year-old Corpus Christi man has entered a guilty plea to possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick.

On Oct. 20, 2017, law enforcement officers executed a federal narcotics search warrant at the home of Eduardo Ignacio Reyes in Corpus Christi. During the search, authorities seized a loaded 9mm handgun and a safe in his bedroom, which contained approximately 430 grams of cocaine, $2,000 and 9mm ammunition. The officers also discovered additional cocaine and a second loaded handgun within the residence.

U.S. District Judge Nelva Gonzalez Ramos accepted the plea today and set sentencing for Sept. 11, 2018. At that time, Reyes faces a minimum of five years and up to life in prison as well as a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.

The South Texas Specialized Crimes and Narcotics Task Force and Immigration and Customs Enforcement's Homeland Security Investigations conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Lance Watt is prosecuting the case.

HOUSTON – A 22-year-old Houston resident has pleaded guilty to stealing guns that belonged to three police officers who were traveling out of George Bush Intercontinental Airport (IAH), announced U.S. Attorney Ryan K. Patrick. 

Mack Stewart, 22, entered a plea of guilty today before U.S. Magistrate Judge Christina Bryan.

On Oct. 4, 2017, three officers with the Bellevue, Washington, Police Department had flown from Houston to Seattle on United Airlines. Upon their arrival back in Washington, they noticed and reported their service weapons had been stolen.

Approximately one month later, authorities had pulled Stewart over for a traffic violation, at which time he was found in possession of one of the three stolen guns. Stewart later admitted he stole the guns while he was as a contract employee working at Bush Airport as a baggage handler.  

Chief U.S. District Judge Lee H. Rosenthal will impose sentencing on Sept. 11, 2018. At that time, he faces up to 10 years in federal prison and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.    

The Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and the Houston Police Department are conducting the investigation. Assistant U.S. Attorney Sam Brown IV is prosecuting the case.

HOUSTON – A 42-year-old Houston man has admitted to wire fraud and conspiracy to commit money laundering to steal millions from Dallas company The Beck Group, announced U.S. Attorney Ryan K. Patrick.

Moses Said was a former construction manager for the Beck Group and was in charge of the Le Meridien Hotel Project in downtown Houston from 2016 to 2017. False invoices were submitted to the Beck Group for payment for construction products that were not provided and construction services that were not performed. In his role as construction manager, Said approved and submitted the false invoices for payment.

Once the monies were received, Said and his co-conspirators took steps to conceal and disguise the nature and source of the unlawful fraud proceeds.

Sentencing has been set for Sept. 17, 2018, before U.S. District Judge Vanessa Gilmore, at which time Said faces up to 20 years in prison.

He was permitted to remain on bond pending that hearing.

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

CORPUS CHRISTI, Texas - A 26-year-old Corpus Christi man has admitted he illegally distributed child pornography, announced U.S. Attorney Ryan K. Patrick. Clinton Ray Stevens acknowledged he uploaded the images to an internet chat room called “UNderAg3.”

In January 2017, the National Center for Missing and Exploited Children (NCMEC) reported to law enforcement that known images of child pornography had been uploaded online. Authorities were able to link the specific IP address associated with the account to Stevens.

Law enforcement executed a search warrant at his residence and seized several digital devices. A search of those devices resulted in the discovery of more than four videos and 575 images of child pornography. At that time, Stevens admitted to uploading the images.

Sentencing has been set before U.S. District Judge Nelva Gonzalez Ramos on Sept. 11, 2018. At that time, Stevens faces not less than five and up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, he also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet.

Immigration and Customs Enforcement’s Homeland Security Investigations and Corpus Christi Police Department’s – Internet Crimes Against Children Task Force conducted the investigation with the assistance of NCMEC.  

Assistant U.S. Attorney Hugo R. Martinez is 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."

HOUSTON – Two Houston brothers have pleaded guilty to aiding and abetting bank robbery, aiding and abetting the robbery of a jewelry store and related firearms charges, announced U.S. Attorney Ryan K. Patrick.

Kendric Miller, 28, and his brother, Kenneth Glenn, 24, pleaded guilty for their roles in the robbery of the IBC Bank located on Montrose and DeBoulle’s Jewelry Store in River Oaks as well as brandishing a firearm during the IBC robbery.

Miller and Glenn stormed into the IBC Bank on June 9, 2016, with hoods, masks and firearms. The brothers demanded money from the tellers and for them to open the vault, during with time they held the tellers at gunpoint. Miller and Glenn both had firearms and were able to leave the bank with the money and enter a waiting stolen truck. Xavier Cain, of Houston, was driving the vehicle and also previously pleaded guilty to bank robbery for his role as the lookout and getaway driver.

Miller and Glenn also pleaded guilty to their involvement in the Sept. 13, 2016, robbery of the DeBoulle’s Jewelry Store. On that day, four males armed with hammers and a firearm rushed into the store. They began smashing the glass cases, managing to take jewelry, cufflinks and watches before getting into a grey Nissan waiting for them on the street. Miller and Glenn were lookouts during the robbery.

U.S. District Judge Nancy H. Atlas accepted the pleas today and set sentencing for September 2018. At that time, they face up to 25 years for the bank robbery and 20 years for the robbery of DeBoulle’s. They also face a minimum of seven years for the firearms charge which must be served consecutively to any other prison term imposed.

They will remain in custody pending that hearing. 

Law enforcement officers with FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Houston Police Department conducted the investigations. Assistant U.S. Attorney Jill Stotts is prosecuting the cases.

This is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative which combines personnel and resources from numerous federal, state and local agencies. 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.

HOUSTON – A federal jury has convicted a 51-year old Sugar Land nurse of conspiracy to commit health care fraud, six counts of health care fraud and conspiracy to violate the anti-kickback statute, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for less than six hours following a three-day trial before convicting John Dubor.

Dubor owned and operated Care Committers Health Services home health agency in Richmond. During the three-day trial, the jury heard evidence that Dubor paid marketers and group home owners for Medicare beneficiary information and subsequently billed Medicare and Medicaid for home health services for which the beneficiaries did not qualify and/or did not receive. 

Additionally, Dubor personally falsified home health patient assessment forms documents to make the beneficiaries appear sicker on paper to receive higher reimbursement rates from Medicare. Dubor also instructed his employees to falsify home health certifications and forge physician signatures. The beneficiaries, who all resided in Nacogdoches, had no recollection of ever being treated by the Houston physicians listed on their home health orders. Medicare paid Dubor approximately $3.5 million.

Dubor’s co-conspirator, Lorine Whitaker, 59, of Nacaogdoches, had previously pleaded to conspiracy to violate the anti-kickback statute and is awaiting sentencing. 

Dubor faces up 10 years in federal prison for each count of health care fraud and up to five years for conspiracy to violate the anti-kickback statute. Previously released on bond, Dubor was immediately taken into custody following the trial pending that hearing, set for Sept. 7, 2018, before U.S. District Judge Melinda Harmon. 

The Department of Health and Human Services – Office of Inspector General’s Houston Field Office and the Texas Attorney General’s Medicaid Fraud Control Unit conducted the investigation. Special Assistant U.S. Attorney (AUSA) Justin Blan and AUSA Attorney Tina Ansari are prosecuting the case.

CORPUS CHRISTI, Texas - Two more members of a massive heroin and money laundering conspiracy have been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. Louie Molina, 36, and Jesus Leal Jr., 34, both of Robstown, previously pleaded guilty to possession with intent to distribute more than one kilogram of heroin. 

Today, U.S. District Judge Nelva Gonzales Ramos ordered each man to serve 20 years in federal prison to be followed by 10 years of supervised release. In handing down the sentences, the court noted the large amount of heroin distributed in this conspiracy and its devastating impact on the community and families.

The court learned during the pleas of guilty in this case that the defendants had been part of a significant, long-term heroin distribution ring operating in Robstown. Evidence also showed that on Oct. 4, 2017, authorities seized approximately a kilogram of heroin and almost $100,000 during the arrests related to this investigation. The overall scope of the conspiracy was estimated to be between at least 10-30 kilograms of heroin. The conspiracy operated, according to the evidence presented, between April 2016 and October 2017.

Three others were sentences last week. Enrique Gutierrez Jr., 31, of Sandia, received 13 years for the same heroin conspiracy as well as conspiracy to launder money. Sakhone Chanrattana, 35, of Jarrell, and Tim Molina, 34, of Robstown, had each pleaded guilty to possession with the intent to distribute heroin and received 97 and 18 months, respectively. 

Sentencings for Jesus Gutierrez, 46, and Renee Gutierrez, 37, both of Corpus Christi, are set for Aug. 8, 2018. 

The Drug Enforcement Administration and the Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorney Jon Muschenheim is prosecuting the case.

McALLEN, Texas – A federal jury sitting in McAllen has returned a guilty verdict against a former San Juan police officer for lying to federal agents, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for approximately two days before convicting Salvador Hernandez, 30, of McAllen, following a five-day trial.

The jury heard that on Aug. 27, 2016, authorities seized a load of cocaine from an abandoned vehicle in a San Juan orchard. The investigation revealed 40 bundles of cocaine were intentionally left in the vehicle. However, officers with the San Juan Police Department had logged only 37 bundles into evidence.

During the course of the investigation into the missing cocaine, law enforcement discovered the drugs had been stored in a vehicle belonging to Hernandez at the scene. Authorities interviewed him, at which time he claimed he never opened the hatch once the drugs were placed in his unit. He added that while assisting in the search for a suspect, he helped search a shed with fellow officer Richard Leon Castillo, 26, of Donna and Border Patrol agents. The jury saw video evidence and heard testimony that contradicted both statements.

Authorities interviewed Castillo, at which time he claimed never to have seen the narcotics prior to their arrival at the police department and that he did not know who transported the cocaine to the police department. Video evidence also confirmed that statement to be false.

Further, the jury saw video evidence of Hernandez allowing Castillo to touch the cocaine bundles. The footage also showed the two men discussing the fact that the bundles had not yet been counted. Specifically, as Castillo reached for one bundle, Hernandez is heard saying, “That one’s mine.”

The investigation revealed Castillo and Hernandez both failed to upload the video to police department records and failed to include any mention of touching the drugs within any department records.

Further evidence presented to the jury revealed that when agents asked Castillo whether he was involved in stealing three kilograms of cocaine, he looked down and refused to answer the question. At the time of Hernandez’s arrest, he questioned being taken into custody, noting there were “bigger fish involved.”

At trial, the defense attempted to attack the credibility of witnesses, the validity of lab reports confirming the presence of cocaine and the suggestion that Hernandez and Castillo’s false statements were mistakes.

In December 2017, a federal jury convicted Castillo, of lying to federal agents.

Previously released on bond, both were permitted to remain on bond pending their sentencing, set for July 31, 2018. At that time, they face up to five years in prison.

Drug Enforcement Administration, the FBI, and the Department of Homeland Security – Office of Inspector General conducted the investigation. Assistant U.S. Attorneys Kristen Rees and Bobby Lopez are prosecuting the case.

CORPUS CHRISTI, Texas - A 25-year-old Corpus Christi resident and member of the Texas Mexican Mafia has been sentenced to federal prison on charges of sex trafficking of a child as well as firearms and drug trafficking charges, announced U.S. Attorney Ryan K. Patrick. Marcus Anthony Tunchez was convicted on charges of sex trafficking of a child after a one-day trial that occurred Dec. 14, 2017. Tunchez had previously entered a guilty plea for the drug trafficking and narcotics charges prior to trial.

Today, U.S. District Judge Nelva Gonzales Ramos sentenced Tunchez to 151 months in prison on the charges of sex trafficking of a child. He also received 60 months for distributing methamphetamine as well as 60 months for being a felon in possession of a firearm. The sentences will run concurrently for a total 151-month-term of imprisonment. Tunchez was further ordered to serve 10 years on supervised release on each of his cases 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.

At the hearing, the court also heard testimony from a federal agent who reported that in August 2017, Tunchez attempted to rob someone. During the course of the robbery, Tunchez pointed a firearm at the victim’s head and fired a round that narrowly missed him. The victim was able flee and flagged down a police officer.  The agent also testified that Tunchez used a social media application to advertise methamphetamine and used several local hotels to prostitute women and distribute methamphetamine.

During trial, U.S. District Judge heard about a joint investigation targeting gang members in the Corpus Christi area involved in narcotics trafficking and the sex trafficking of children. Tunchez was one of those identified as a member of the Mexican Mafia gang involved in both methamphetamine distribution and sex trafficking. 

In May 2017, Tunchez began selling methamphetamine to an undercover officer and said he acted as a pimp to several young women. Tunchez explained he created and posted advertisements on a commercial sex website for the young women who then gave half the proceeds from their commercial sex acts to Tunchez. During the investigation, authorities also learned Tunchez was a convicted felon and discovered a social media posting of a video depicting Tunchez firing a pistol at a gun range in Corpus Christi.

In September 2017, Tunchez met with the undercover officer for the purpose of sex trafficking a child he believed was a 14-year-old girl. Tunchez expected to meet the child and transport her to a hotel where she would engage in a commercial sex act. Tunchez expected to receive 20 percent of the proceeds. He was taken into custody upon his arrival at the designated meeting place.

At trial, he attempted to convince the court that he intended to rob the undercover officer and not commit a sex trafficking crime. Judge Ramos did not believe his claims and found him guilty as charged.  

Tunchez was arrested on federal charges in September 2017 and has been in custody since that time where he will remain pending his 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 the Drug Enforcement Administration conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.

Assistant U.S. Attorney Hugo R. Martinez is 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 CHISTI, Texas – A 20-year-old man from Corpus Christi has entered a guilty plea to possessing a dangerous weapon while in custody, announced U.S. Attorney Ryan K. Patrick.

On Jan. 9, 2018, Isaiah Martinez was awaiting sentencing at the Coastal Bend Detention Facility. On that date, correctional officers responded to a large fight inside the unit between two groups of inmates. During the incident, which was caught on video, Martinez removed an object from his waistband and attacked another inmate, who sustained several puncture wounds to the right side of his abdomen.

During a search of the inmates involved in the fight, officers recovered a homemade weapon or “shank” that appeared to be a metal spike approximately six inches in length from Martinez.

The following day, Senior U.S. District Judge Hayden Head sentenced Martinez to a total of 240 months in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

He again will appear before Judge Head for sentencing in this case on May 23, 2018. At that time, he faces another five-year-maximum term of imprisonment and a possible $250,000 fine.

Martinez has remained in federal custody since his initial arrest where he will remain pending that hearing. 

The FBI and U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.

CORPUS CHRISTI, Texas - A 36-year-old Corpus Christi man has admitted he distributed child pornography on at least two occasions, announced U.S. Attorney Ryan K. Patrick.

In September 2016, the FBI Child Exploitation Task Force conducted an investigation on a file sharing network looking for potential offenders sharing child pornography. An officer was eventually able to download many images of child pornography from a computer and a specific IP address linked to David Medina in Corpus Christi. Agents obtained a search warrant for Medina’s residence, after which agents seized several digital devices that led to the discovery of more than 3,500 images and 28 videos of child pornography.  

Another investigation in 2017 led authorities to a different computer sharing child pornography which was traced to a second residence in Corpus Christi linked to Medina. He cellular phone was seized and allegedly found to contain more than 1,000 images and 95 videos of child pornography.

In Feb. 21, 2018, authorities received information that someone was downloading child pornography at a hotel in Corpus Christi. Medina was found to be renting a room at that location and seized his laptop as part of the investigation. At that time, Medina again admitting to distributing child pornography.

Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Aug. 21, 2018. At that time, Medina faces a minimum of 5 years and up to 20 years in federal prison and a $250,000 maximum fine. Upon completion of any prison term imposed, Medina also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet.

The FBI conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.

Assistant U.S. Attorney Hugo R. Martinez is 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."

LAREDO, Texas – A 20-year-old man has been ordered to prison following his conviction of conspiring to import nearly four kilograms of crystal methamphetamine, announced U.S. Attorney Ryan K. Patrick. Mark Gurrola, of Dallas, pleaded guilty Jan. 9, 2018.

Today, U.S. District Judge Marina Garcia Marmolejo ordered him to serve a total of 78 months in prison. In handing down the sentence, the court noted the serious problems methamphetamine causes for users and the surrounding communities.

On Oct. 14, 2017, Gurrola applied for entry into the United States from Mexico as a passenger on a commercial bus. Agents observed him acting suspicious and searched the area around him. Authorities located four bundles containing crystal methamphetamine.  

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

Customs and Border Protection and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation.  Assistant U.S. Attorney Giselle S. Guerra prosecuted the case.

CORPUS CHRISTI, Texas – A Houston man has entered a guilty plea to attempting to smuggle illegal aliens behind a load of produce, announced U.S. Attorney Ryan K. Patrick.

A federal grand jury returned the indictment against Joshua Abraham Andrus, 30, April 11, 2018. Today, he pleaded guilty as charged.  

Andrus admitted he attempted to transport illegal aliens hidden behind a load of produce in the trailer portion of the 18-wheeler he was driving. On Mar. 22, 2017, Andrus drove a tractor-trailer and approached the primary inspection lane at the U.S. Border Patrol Checkpoint near Falfurrias. During a routine immigration inspection, a service canine alerted to the trailer.

During a subsequent search of the vehicle, authorities discovered 15 illegal aliens locked inside. The temperature inside the refrigerated trailer was 56 degrees.

He was permitted to remain on bond pending his sentencing hearing, which will be set at a later date. At that time, he faces up to five years in federal prison and a possible $250,000 fine.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the U.S. Border Patrol. Assistant U.S. Attorney Jeffrey S. Miller is prosecuting the case.

CORPUS CHRISTI, Texas – A 46-year-old Corpus Christi resident has admitted he possessed child pornography, announced U.S. Attorney Ryan K. Patrick. Joe Perez admitted he downloaded sexually explicit content involving prepubescent minors

In February 2016, an undercover FBI agent from the Dallas Child Exploitation Task Force was conducting an online investigation into file sharing program looking for potential offenders sharing child pornography. The agent was eventually able to download multiple files of potential child pornography from a device later associated with Perez in Corpus Christi.

A search warrant was executed at his residence, at which time authorities advised Perez he had downloaded a video approximately two hours in length. One of the screenshots of the video was entitled “PEDOPHILIA Volume 1.” He admitted he was familiar with the video and that he believed that he had recently downloaded it, claiming he had accidentally downloaded the images of child pornography as well.

Law enforcement also seized various electronic devices during the search and a forensic analysis on those devices revealed that the his smartphone contained 15 images and nine videos of child pornography. The titles of some of those images and videos clearly indicate sexually-explicit content. One of the videos depicts a prepubescent minor engaged in sexually explicit conduct. 

U.S. District Court Judge John D. Rainey accepted the guilty plea today and set sentencing for Aug. 21, 2018. At that time, Perez faces up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Perez also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet. 

The FBI Task Child Exploitation Task Force conducted the investigation with the assistance of the Corpus Christi Police Department—Internet Crimes Against Children Task Force.

Assistant U.S. Attorney Elsa Salinas is 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 24-year-old Robstown resident has been ordered to federal prison following his conviction for possessing a firearm during a drug trafficking offense and being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick. Isaiah Ryan Cantu pleaded guilty Feb. 14, 2018.

Today, U.S. District Judge Nelva Gonzalez Ramos sentenced Cantu to a total of 168 months imprisonment – 80 and 88 months, respectively, for the possessing a firearm during a drug trafficking crime and being a felon in possession. He was further ordered to serve five years of supervised release. Cantu had previously been convicted in state court for numerous felonies and was determined to be career offender by the court.

In October 2016, narcotics officers with the Robstown Police Department executed a search warrant at Cantu’s residence. During the search, the officers recovered a backpack that contained multiple small baggies of cocaine, 25 packages of synthetic cannabinoids, several packages of crack cocaine and a loaded .45 caliber semi-automatic handgun. As a previously convicted felon, Cantu is prohibited from possessing firearms and ammunition per federal law.

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

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

CORPUS CHRISTI, Texas - A 26-year-old Corpus Christi man has been sent to after authorities discovered he possessed more than 22,000 child pornography images, announced U.S. Attorney Ryan K. Patrick. Nicolas Hamm pleaded guilty to possession of child pornography on Feb. 13, 2018.

Today, U.S. District Judge Nelva Gonzales Ramos sentenced Hamm to 108 months in prison. 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. He will also be ordered to register as a sex offender.  At the hearing, the court heard evidence that Hamm admitted to sexually assaulting a four-year-old family member when he was a juvenile.

In January 2017, authorities in Oklahoma were investigating an individual for sex trafficking charges. A search of that person’s cellular telephone revealed communications via a messenger application with another person with a user name of “jax1821.” The communications involved the sexual exploitation of children and user name of “jax1821” was later linked to Hamm

In December 2017, law enforcement executed a search warrant at Hamm’s residence and seized several digital devices which led to the discovery of more than 22,000 images and 3,600 videos of child pornography. Many of the videos  portrayed prepubescent females involved in sexually explicit conduct with adult males.

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

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department’s Internet Crimes Against Children Task Force.  

Assistant U.S. Attorney Hugo R. Martinez is 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 – Two residents of Corpus Christi have been ordered to federal prison following their respective convictions of possession of child pornography, announced U.S. Attorney Ryan K. Patrick.

Rogelio Castaneda, 61, and Jose Ivan Davila, 54, pleaded guilty Jan. 23, 2018, in separate, but similar cases.

Today, Senior U.S. District Judge John D. Rainey sentenced Castaneda to 121 months in prison. Davila received a 70-month term of imprisonment. Both men were further ordered to serve 10 years of supervised release following completion of the prison terms, during which time they will have to comply with numerous requirements designed to restrict access to children and the internet. They will also be ordered to register as sex offenders.

In imposing Castaneda’s sentencing, Judge Rainey noted that it was “disturbing” that he was a repeat offender.

The investigation into Castaneda began after authorities discovered he had uploaded images of child pornography to his email accounts. Law enforcement learned Castaneda had a prior conviction related to child pornography and, as such, is required to register as a sex offender. However, he had failed to do so and was taken into custody in February 2017. Law enforcement seized several digital devices at the time of his arrest which led to the discovery of approximately 2,500 images and 700 videos of child pornography. At the time of his arrest, Castaneda admitted to having an interest in adolescent girls.

In Davila’s case, authorities were investing a file sharing program in February 2017, during which they identified a computer as a potential source of at least 41 files of known images of child pornography. That computer was later linked to Davila.

The next month, law enforcement executed a search warrant at his residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed more than 296 images and approximately 260 videos child pornography. Two of those videos included images of young girls, approximately nine and 11 years of age, performing oral sex on an adult male.

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.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted both investigations with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.

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

 

HOUSTON - Attorney General Jeff Sessions and U.S. Attorney Ryan K. Patrick recognized the service and sacrifice of federal, state, local and tribal police officers on the occasion of National Police Week and Peace Officer Memorial Day and commented on the FBI's 2017 Law Enforcement Officers Killed and Assaulted report.

In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice. 

“This day and week is set aside to remember the men and women who gave their lives protecting our communities,” said Patrick. “Ninety-three sworn officers and agents died in the line of duty last year. We mourn those taken from us. As a U.S. Attorney’s Office, we sometimes have the duty to bring justice for the families of these fallen heroes and we rededicate ourselves to carrying forward their legacy.”

“One officer death is too many,” said Sessions. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us.  As always, we have their backs and they have our thanks.”

Sessions also posted a video message on Police Week.

In 2017, the FBI reports seven Texas sworn officers were feloniously killed in the line of duty and four more in line of duty accidents. The Southern District had three line of duty deaths last year.

Clint Greenwood
Harris County Constable Pct. 3
End of Watch - 4/3/17

On April 3 at 7 a.m., Clint Greenwood - an assistant chief deputy with the Harris County Constable’s Office in Baytown - was killed in an unprovoked attack in a courthouse parking lot as he arrived for work. The 57-year-old was a veteran of law enforcement with nearly 29 years of experience. He was gathering items from his vehicle when he was shot twice, once in the side of his head and once in his front upper torso/chest, above his body armor. Greenwood was able to remain standing, pointing out the direction the subject fled and warning other officers of the continued danger. He was transported to the trauma center at a local hospital where he succumbed to the wound to the side of his head.

Greenwood served as the commander of the Internal Affairs unit. A subsequent investigation revealed the subject was angry about a complaint he had filed that was not resolved to his satisfaction. The subject planned, stalked and waited for Greenwood to arrive at work in order to ambush him with his 9 mm semiautomatic handgun. Video footage from the courthouse parking lot showed the subject had been at the parking lot the day before, casing it to see where the chief parked his vehicle. The 64-year-old subject had a criminal history including a drug law violation and a violent crime. He committed suicide the following day.

Steve Albert Perez
Houston Police Department
End of Watch - 8/27/17

Sergeant Steve Perez drowned after his patrol car was caught in floodwaters in the aftermath of Hurricane Harvey. Perez left home at approximately 4:00 a.m. in an attempt to report to his duty station in the downtown area, but was unable to reach it due to impassable roads caused by extreme flooding. He spent more than two hours trying to find a route, but when he could not, he dispatched that he would follow department protocol and report to the nearest station in Kingwood.

As he attempted to reach Kingwood, his patrol car was washed away in high water in the area of Hardy Tollway and Beltway 8. His body was recovered by members of Houston Police Department dive team and citizens Aug. 29, 2017.

Perez had served with the Houston Police Department for 34 years and was just days shy of his 61st birthday. He was a U.S Army veteran and is survived by his wife, two adult children and father-in-law.

Elias Martinez Jr.
METRO Police Department
End of Watch - 9/17/17

Police Officer Elias "Sonny" Martinez succumbed to injuries sustained in a motorcycle crash while escorting permitted loads on Gulf Freeway in the area of FM 646 in League City.

He was passing the trucks in the escorted convoy when he laid his motorcycle down in an attempt to avoid a collision. He struck the rear of one of the trucks, causing him to suffer severe injuries. He was flown to Hermann Memorial Hospital where he remained until succumbing to his injuries a week later.

Officer Martinez had served with the Metropolitan Transit Authority Police Department for 25 years. He is survived by his wife and two children.

According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.

Additionally, in 2017 there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts.

For the full comprehensive data tables about these incidents and brief narratives describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report, released last week.

During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.

The names of all 93 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. 

The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.

For more information about other National Police Week events, please visit http://www.policeweek.org.

To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.

McALLEN, Texas – A physician based in the McAllen area was charged in an indictment unsealed today for his role in a $240 million health care fraud and international money laundering scheme.  

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Ryan J. Patrick, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office made the announcement. 

Jorge Zamora-Quezada, 61, of Mission, was charged in a seven-count indictment filed in the Southern District of Texas. He was charged with one count of conspiracy to commit health care fraud, five counts of health care fraud and one count of conspiracy to commit money laundering.  Zamora-Quezada had his initial court appearance earlier today. His detention hearing is set for tomorrow, May 15, at 2 p.m. before U.S. Magistrate Judge Peter E. Ormsby.

“Jorge Zamora-Quezada allegedly orchestrated a massive fraud scheme that jeopardized the health and wellbeing of innocent children, elderly and disabled victims,” said Cronan. “The allegations that Zamora-Quezada violated his oath to do no harm by administering unnecessary chemotherapy and other toxic medications to patients with serious diseases — including some of the most vulnerable victims imaginable — are almost beyond comprehension. The Criminal Division is committed to combatting health care fraud and protecting victims of reprehensible schemes like the one alleged in this case.”

“We take allegations of this nature very seriously,” said Patrick. “The prosecution of health care fraud is a high priority for the Southern District of Texas, especially when we suspect vulnerable patients have been allegedly exploited, misdiagnosed or possibly given potentially harmful medications as a means of committing that fraud.”

“Today’s indictment is the first step in holding Dr. Zamora-Quezada accountable for his allegedly egregious criminal conduct,” said Porter. “His patients trusted him and presumed his integrity; in return he allegedly engaged in a scheme of false diagnoses and bogus courses of treatment and doled out prescriptions for unnecessary and harmful medications, all for his personal financial gain and with no regard for patient well-being. HHS-OIG will always pursue criminals masquerading as legitimate physicians, weed them out and seek the harshest possible punishment, particularly when patient harm is a factor.”  

“The FBI is dedicated to working with our task force partners to address health care fraud, which is a growing and serious crime that impacts every city and small town in the nation,” said Combs. “This investigation highlights an even greater concern presented by health care fraud than the significant financial losses—the physical and emotional harm suffered by the patients and their families. It is why we at the FBI, together with our task force partners, are dedicated to seeking justice for the victims of Dr. Zamora-Quezada’s alleged crimes.”

As set forth in the indictment, from 2000 through the filing of the indictment, Zamora-Quezada and his co-conspirators falsely diagnosed vulnerable patients -- including the young, elderly and disabled, from the Rio Grande Valley, San Antonio and elsewhere -- with various degenerative diseases, including rheumatoid arthritis. He and his co-conspirators then administered chemotherapy and other toxic medications to the patients based on that false diagnosis. In addition to falsely diagnosing patients, Zamora-Quezada and his co-conspirators allegedly conducted a battery of fraudulent, repetitive and excessive medical procedures on patients in order to increase revenue and fund Zamora-Quezada’s lavish and opulent lifestyle.

The indictment alleges Zamora-Quezada and his co-conspirators flew in Zamora-Quezada’s million-dollar private jet or drove in his Maserati, which were both emblazoned with his initials “ZQ” between his offices in the Rio Grande Valley and San Antonio in order to perpetuate the fraud. He and his co-conspirators transferred the proceeds derived from the conspiracy to purchase private jets, luxury vehicles, clothing from high-end retailers such as Louis Vuitton and exclusive real estate located throughout the United States and Mexico. He and his co-conspirators allegedly obstructed investigations by causing the creation of false and fictitious patient records and concealed thousands of medical records from Medicare by stashing them in an unsecured and dilapidated barn located in the Rio Grande Valley.

The indictment also alleges Zamora-Quezada and his co-conspirators laundered the proceeds of their fraud scheme by dissipating, transforming and concealing the source and location of the fraud proceeds by investing such proceeds in commercial and residential real estate in the United States and Mexico. Among other properties, he and his co-conspirators acquired two penthouses in Puerto Vallarta, Mexico; a condominium in Aspen, Colorado; a condominium in Punta Mita, Mexico; and multiple homes and commercial properties located throughout Texas. He then created the false appearance of legitimate wealth and income by renting the various commercial and residential properties that he acquired to individuals and entities. Zamora-Quezada and his co-conspirators allegedly laundered the proceeds through a casa de cambio, or money exchange house, to various accounts maintained by financial institutions in Mexico. 

The indictment seeks the forfeiture of Zamora-Quezada’s personal jet, Maserati and multiple residential and commercial properties in the United States and Mexico.

The case is being investigated by the HHS-OIG’s McAllen Field Office, FBI’s San Antonio Division-McAllen Resident Agency’s Rio Grande Valley Health Care Fraud Task Force and the McAllen Complex Financial Crimes Task Force. These task forces are comprised of investigators from Texas Department of Insurance, police departments in McAllen and Pharr and the Texas Health and Human Service Commission. Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Swartz of the Southern District of Texas are prosecuting the case.

The FBI is seeking to identify potential victims of Zamora-Quezada and his co-conspirators. If you were a patient of Zamora-Quezada from January 2000 through May 2018 and believe you may have been affected by his or his co-conspirators alleged crimes, please contact the FBI via the FBI victim’s hotline, 1-833-432-4873, Option 8, or if you have access to email you may email the taskforce at ZamoraPatient@fbi.gov. The FBI is legally mandated to identify victims of federal crimes that it investigates and provide these victims with information, assistance services and resources.

The Fraud Section leads the Medicare Fraud Strike Force, which 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. The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged more than 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion. 

 

An indictment is a formal accusation of criminal conduct, not evidence.

A defendant is presumed innocent unless convicted through due process of law.

 

A physician based in the McAllen, Texas area was charged in an indictment unsealed today for his role in a $240 million health care fraud and international money laundering scheme.  

 

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Ryan J. Patrick of the Southern District of Texas, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office made the announcement. 

 

Jorge Zamora-Quezada, 61, of Mission, Texas, was charged in a seven-count indictment filed in the Southern District of Texas.  He was charged with one count of conspiracy to commit health care fraud, five counts of health care fraud and one count of conspiracy to commit money laundering.  Zamora-Quezada had his initial court appearance earlier today. His detention hearing is tomorrow, May 15, at 2 p.m. CDT before U.S. Magistrate Judge Peter E. Ormsby in the McAllen Division of the Southern District of Texas.

 

“Jorge Zamora-Quezada allegedly orchestrated a massive fraud scheme that jeopardized the health and wellbeing of innocent children, elderly, and disabled victims,” said Acting Assistant Attorney General Cronan.  “The allegations that Zamora-Quezada violated his oath to do no harm by administering unnecessary chemotherapy and other toxic medications to patients with serious diseases — including some of the most vulnerable victims imaginable — are almost beyond comprehension.  The Criminal Division is committed to combatting health care fraud and protecting victims of reprehensible schemes like the one alleged in this case.”

 

“We take allegations of this nature very seriously,” said U.S. Attorney Patrick.  “The prosecution of health care fraud is a high priority for the Southern District of Texas, especially when we suspect vulnerable patients have been allegedly exploited, misdiagnosed or possibly given potentially harmful medications as a means of committing that fraud.”

 

“Today’s indictment is the first step in holding Dr. Zamora-Quezada accountable for his allegedly egregious criminal conduct,” said HHS-OIG Special Agent in Charge Porter.  “His patients trusted him and presumed his integrity; in return he allegedly engaged in a scheme of false diagnoses and bogus courses of treatment, and doled out prescriptions for unnecessary and harmful medications, all for his personal financial gain and with no regard for patient well-being.  HHS-OIG will always pursue criminals masquerading as legitimate physicians, weed them out, and seek the harshest possible punishment, particularly when patient harm is a factor.” 

 

“The FBI is dedicated to working with our task force partners to address health care fraud, which is a growing and serious crime that impacts every city and small town in the nation,” said FBI Special Agent in Charge Combs.  “This investigation highlights an even greater concern presented by health care fraud than the significant financial losses—the physical and emotional harm suffered by the patients and their families.  It is why we at the FBI, together with our task force partners, are dedicated to seeking justice for the victims of Dr. Zamora-Quezada’s alleged crimes.”

 

 As set forth in the indictment, from 2000 through the filing of the indictment, Zamora-Quezada and his co-conspirators falsely diagnosed vulnerable patients -- including the young, elderly and disabled, from the Rio Grande Valley, San Antonio, and elsewhere -- with various degenerative diseases, including rheumatoid arthritis.  He and his co-conspirators then administered chemotherapy and other toxic medications to the patients based on that false diagnosis.  In addition to falsely diagnosing patients, Zamora-Quezada and his co-conspirators allegedly conducted a battery of fraudulent, repetitive, and excessive medical procedures on patients in order to increase revenue and fund Zamora-Quezada’s lavish and opulent lifestyle.

 

The indictment alleges that Zamora-Quezada and his co-conspirators flew in Zamora-Quezada’s million-dollar private jet or drove in his Maserati, which were both emblazoned with his initials, “ZQ,” between his offices in the Rio Grande Valley and San Antonio in order to perpetuate the fraud.  He and his co-conspirators transferred the proceeds derived from the conspiracy to purchase private jets, luxury vehicles, clothing from high-end retailers such as Louis Vuitton, and exclusive real estate located throughout the United States and Mexico.  He and his co-conspirators allegedly obstructed investigations by causing the creation of false and fictitious patient records, and concealed thousands of medical records from Medicare by stashing them in an unsecured and dilapidated barn located in the Rio Grande Valley.

 

The indictment also alleges that Zamora-Quezada and his co-conspirators laundered the proceeds of their fraud scheme by dissipating, transforming and concealing the source and location of the fraud proceeds by investing such proceeds in commercial and residential real estate in the United States and Mexico.  Among other properties, he and his co-conspirators acquired two penthouses in Puerto Vallarta, Mexico; a condominium in Aspen, Colorado; a condominium in Punta Mita, Mexico; and multiple homes and commercial properties located throughout Texas.  He then created the false appearance of legitimate wealth and income by renting the various commercial and residential properties that he acquired to individuals and entities.  Zamora-Quezada and his co-conspirators allegedly laundered the proceeds through a casa de cambio, or money exchange house, to various accounts maintained by financial institutions in Mexico. 

 

The indictment seeks the forfeiture of Zamora-Quezada’s personal jet, Maserati and multiple residential and commercial properties in the United States and Mexico.

 

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

 

The case is being investigated by the HHS-OIG’s McAllen Field Office, the FBI’s San Antonio Division-McAllen Resident Agency’s Rio Grande Valley Health Care Fraud Task Force and the McAllen Complex Financial Crimes Task Force. These task forces are comprised of investigators from Texas Department of Insurance, McAllen Police Department, Pharr Police Department and the Texas Health and Human Service Commission.  Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Swartz of the Southern District of Texas are prosecuting the case.

 

The FBI is seeking to identify potential victims of Zamora-Quezada and his co-conspirators.  If you were a patient of Zamora-Quezada from January 2000 through May 2018 and believe you may have been affected by his or his co-conspirators alleged crimes, please contact the FBI via the FBI victim’s hotline, 1-833-432-4873, Option 8, or if you have access to email you may email the taskforce at ZamoraPatient@fbi.gov. The FBI is legally mandated to identify victims of federal crimes that it investigates and provide these victims with information, assistance services, and resources.

 

The Fraud Section leads the Medicare Fraud Strike Force, which 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.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion. 

WASHINGTON – A un médico radicado en el área de McAllen, Texas se le hizo una acusación formal, la cual se hizo pública el día de hoy, por su participación en un fraude de $240 millones al sistema de salud y una estratagema internacional de lavado de dinero.  

El Fiscal General Adjunto John P. Cronan de la División Criminal del Departamento de Justicia, el Fiscal de los Estados Unidos Ryan J. Patrick del Distrito del Sur de Texas, el Agente Especial a Cargo C.J. Porter del Departamento de Salud y Servicios Humanos de los Estados Unidos de la Oficina del Inspector General (HHS-OIG) de la Región de Dallas y el Agente Especial a Cargo Christopher Combs de la Oficina Regional del FBI en San Antonio, emitieron el comunicado. 

Jorge Zamora-Quezada, de 61 años, de Mission, Texas, fue acusado de siete cargos en el Distrito del Sur de Texas.  Se le acusó de un cargo de asociación ilícita para cometer fraude al  sistema de salud, cinco cargos de fraude al sistema de salud y un cargo de asociación ilícita para llevar a cabo el lavado de dinero.

“Jorge Zamora-Quezada presuntamente organizó una estratagema de fraude masivo que puso en peligro la salud y el bienestar de niños inocentes, personas de tercera edad y víctimas con discapacidad,” dijo el Fiscal General Adjunto Cronan.  “Las alegaciones de que Zamora-Quezada violó su juramento de no hacer daño, al administrar quimioterapia innecesaria y otros  medicamentos tóxicos, a pacientes con enfermedades graves — incluyendo a algunas de las  víctimas más vulnerables que se pueda imaginar — son difíciles de entender.  La División Criminal está comprometida a combatir el fraude al sistema de salud y de proteger a las víctimas de estratagemas censurables, como la que se alega en este caso.”

“Tomamos alegaciones de esta naturaleza muy en serio,” dijo el Fiscal estadounidense Patrick.  “El enjuiciamiento contra el fraude al servicio de salud es una mayor prioridad para el Distrito del Sur de Texas, especialmente cuando sospechamos que pacientes vulnerables han sido presuntamente explotados, diagnosticados erróneamente o que quizá se les ha recetado medicamento que posiblemente sea dañino, como una manera de cometer este fraude.”

“La acusación formal del día de hoy es el primer paso en hacer al Dr. Zamora-Quezada responsable de su presunta conducta atroz y delictiva,” dijo HHS-OIG Agente Especial a Cargo Porter.  “Sus pacientes confiaban en él y creían en su integridad; a cambio,  presuntamente participó en una estratagema de diagnósticos y tratamientos falsos, y recetó medicamentos innecesarios y  dañinos, a fin de obtener una ganancia financiera personal y sin tomar en cuenta el bienestar del paciente.  HHS-OIG siempre perseguirá a delincuentes que se hagan pasar por médicos legítimos,  los erradicará y les dará el castigo más severo posible, especialmente cuando el daño al paciente está de por medio.”

“El FBI está comprometido a trabajar con nuestros socios de los grupos operativos para combatir el fraude al sistema de salud,”  dijo el Agente Especial a Cargo Combs.  “Es un delito muy serio que va en aumento y que ha impactado cada ciudad y pueblo de la nación.  Esta investigación destaca una inquietud aun mayor que es representante del fraude al sistema de salud, más allá de las pérdidas financieras significativas, es el daño físico y emocional que sufren los pacientes y sus familias.  Por esta razón nosotros en el FBI, junto con nuestros socios de los grupos operativos, estamos comprometidos a ofrecerle justicia a las víctimas de los presuntos delitos del Dr. Zamora-Quezada.”

Como expone la acusación formal, desde el año 2000 hasta el día de la presentación de la acusación formal, Zamora-Quezada y sus cómplices diagnosticaron erróneamente a pacientes vulnerables – incluyendo a menores de edad, personas de tercera edad y personas con discapacidad, en el Valle del Río Grande, San Antonio, y en otros lugares – con varias enfermedades degenerativas, incluyendo la artritis reumatoide.  Junto a sus cómplices, les administró quimioterapia y otros medicamentos tóxicos a pacientes basados en ese diagnóstico falso.  Además de darles diagnósticos falsos a los pacientes, Zamora-Quezada y sus cómplices presuntamente llevaron a cabo una serie de  procedimientos médicos fraudulentos, repetitivos y excesivos con los pacientes, a fin de aumentar los ingresos y financiar el estilo de vida lujosa y extravagante de  Zamora-Quezada.

La acusación formal alega que Zamora-Quezada y sus cómplices volaban el avión privado  de Zamora-Quezada de un millón de dólares o manejaban su Maserati, ambos grabados con sus iniciales, “ZQ”, entre sus oficinas en el Valle del Río Grande y San Antonio a fin de  llevar a cabo el fraude.  Él, junto a sus cómplices transfirieron el dinero recaudado de su asociación ilícita para comprar aviones privados, vehículos de lujo, ropa de tiendas de calidad superior como Louis Vuitton y propiedades exclusivas en varias partes de los Estados Unidos y México.  Él, junto a sus cómplices presuntamente obstruyeron investigaciones al crear expedientes médicos falsos y ficticios, y le ocultaron miles de expedientes médicos a Medicare almacenándolos en establos inseguros y destartalados, ubicados en el Valle del Río Grande.

La acusación formal también alega que Zamora-Quezada y sus cómplices lavaron las ganancias de su estratagema, malgastando, transformando y ocultando la fuente y el lugar de sus ganancias al invertirlas en propiedades comerciales y residenciales en los Estados Unidos y  México.  Entre las propiedades, él junto a sus cómplices adquirieron dos penthouses en Puerto Vallarta, México; un condominio en Aspen, Colorado; un condominio en Punta Mita, México; y numerosas casas y propiedades comerciales ubicadas en diferentes partes  de Texas.  Después creó la falsa apariencia de riquezas e ingresos legítimos alquilándole a individuos y a entidades varias propiedades comerciales y residenciales que él había adquirido.  Zamora-Quezada y sus cómplices presuntamente lavaron las ganancias en una casa de cambio, enviándolas a varias cuentas que mantenían en instituciones financieras en México. 

La acusación formal solicita el decomiso del avión privado, el Maserati y las diferentes propiedades residenciales y comerciales de Zamora-Quezada en los Estados Unidos y México.

Una acusación formal es simplemente una alegación y todo acusado es inocente hasta que se compruebe su culpabilidad más allá de una duda razonable en un tribunal de justicia.

La Oficina Regional de McAllen de HHS-OIG, el Grupo Operativo contra el Fraude al Sistema de Salud de la Oficina Satélite de McAllen en el Valle del Río Grande de la División de San Antonio y el Grupo Operativo de McAllen contra Delitos Financieros están llevando a cabo la investigación de este caso. Estos grupos operativos están compuestos de investigadores del Departamento de Seguros de Texas, del Departamento de Policía de McAllen, del Departamento de Policía de Pharr y de la  Comisión de Salud y Servicios Humanos de Texas.

El Abogado Procesalista Kevin Lowell de la Sección de Fraude de la División Criminal y el Fiscal Adjunto de los Estados Unidos Andrew Swartz del Distrito del Sur de Texas, están llevando este caso a juicio.

El FBI está buscando identificar  posibles víctimas de Zamora-Quezada y sus cómplices.  Si usted fue paciente de Zamora-Quezada entre enero 2000 y mayo 2018 y cree que pudo haber sido afectado por sus presuntos delitos y el de sus cómplices, por favor llame al FBI a su línea directa, 1-833-432-4873, Opción 8 o 9, o si tiene acceso a un correo electrónico, envié su correo al grupo operativo a ZamoraPatient@fbi.gov. Por ley el FBI tiene que identificar a las víctimas de los delitos federales que investiga y tiene que proporcionarles a dichas víctimas información, servicios de asistencia y recursos.

La  Sección de Fraude lidera el Equipo de Prevención de Fraude al Medicare, el cual forma parte de una iniciativa conjunta entre el Departamento de Justicia y HHS, quienes enfocan sus esfuerzos para prevenir e impedir el fraude e implementan las leyes actuales en contra del fraude en todo el país. El Equipo de Prevención de Fraude al Medicare opera en nueve localidades en toda la nación.  Desde su comienzo en marzo del 2007, el Equipo de Prevención de Fraude al Medicare ha presentado cargos a más de 3,500 acusados quienes han colectivamente defraudado al programa  de Medicare por más de $12.5 mil millones. 

HOUSTON – One of Houston’s largest health care providers has agreed to pay the United States $1,929,071.38 to resolve allegations that it improperly billed government healthcare programs, announced U.S. Attorney Ryan K. Patrick. The allegations include inappropriately billing for inpatient services provided to Medicare beneficiaries who were admitted for scheduled surgical procedures, but should have been treated in a less expensive outpatient or observation setting.

“Charging the government for higher cost inpatient services when patients only require lower cost outpatient services is a waste of taxpayer money and a violation of trust with the patient and with the government,” said Patrick. “This settlement should deter similar conduct in the future and help make health care more affordable.”

The government alleged that from Jan. 1, 2009, through Dec. 31, 2014, three Memorial Hermann Health System (MHHS) hospitals -  the Texas Medical Center, Southwest and Memorial City - submitted claims to Medicare for scheduled surgical procedures in which the patient’s hospital stay lasted two days or less as inpatient services. The claims should have been submitted as outpatient services. This allegedly caused these three hospitals to receive more in reimbursements from the Medicare program than they were entitled to collect. These payments were mistakenly made and caused MHHS to be unjustly enriched, entitling the United States to compensation.

This settlement is a representation of the coordinated efforts of the U.S. Attorney’s Office, Department of Health and Human Services (DHHS) - Office of Inspector General and DHHS - Office of Audit Services to combat healthcare fraud and abuse.

The claims resolved by this agreement are allegations only, and there has been no determination of liability. 

Assistant U.S. Attorney Andrew A. Bobb handled the matter on behalf of the Southern District of Texas. 

CORPUS CHRISTI, Texas - A 27-year-old Corpus Christi man has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick. Cody Anthony Hernandez pleaded guilty Feb. 20, 2018.

Today, Senior U.S. District Judge John D. Rainey sentenced Hernandez to 102 months imprisonment to be followed by three years of supervised release. 

In July 2017, authorities were conducting surveillance when they observed Hernandez, who had outstanding municipal warrants, arrive at the location. When officers approached Hernandez, they could see the grip of a handgun inside a backpack that was located in his vehicle. Hernandez was arrested for the warrants and officers recovered a .40 caliber Glock handgun loaded with a 30 round magazine. Hernandez had previously been convicted of a felony and is prohibited by federal law from possessing firearms and ammunition.

In custody since his arrest on the federal indictment, Hernandez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.

The Corpus Christi Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.

HOUSTON - The remaining defendants charged in a Dickinson area cocaine conspiracy have all been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. The 10 were charged in a multi-state drug trafficking conspiracy that had been moving cocaine since 2014.

Arturo Cruz, 35, of Dickinson, pleaded guilty to conspiracy to possess with the intent to distribute more than five kilograms or more of cocaine, while Patrick Frederick, 49, of Galveston, Dionisio Gonzalez, 56, of Bacliff, and Carlos Cantu, 36, of Dickinson, previously pleaded guilty to conspiracy to possess with intent to distribute more than 500 grams of cocaine.

Today, U.S. District Judge Vanessa Gilmore sentenced Cruz, who was responsible for distributing more than 50 kilograms of cocaine, to 130 months in federal prison. Frederick received a 120-month-term of imprisonment, while Gonzales and Cantu received respective terms of 77 and 87 months. The court found Cruz to be a leader within the conspiracy so his prison term included upward adjustments or increases in his calculated sentencing guideline range.

Cruz also forfeited his interests in real estate located in Dickinson valued in excess of $150,000.

The other six charged and convicted in the case included Arturo Cruz’s bother, Amado Cruz, 27, of Dickinson, along with Guadalupe Ochoa, 30, of Houston, Matt Olguin, 28, Reid Wilder 33, and Sidney Hobbs, 47, all of Dickinson. The previously received sentences ranging from 72-121 months in federal prison.

All were part of a multi-state drug trafficking organization that had existed since 2013. The drug trafficking organization, based out of the Dickenson area, had cocaine couriered in from Houston where it was then either sent out of state or redistributed to the surrounding areas.

The FBI led the nearly three-year Organized Crime Drug Enforcement Task Force investigation with the assistance of the Drug Enforcement Administration, Texas Department of Public Safety, Galveston County Sheriff’s Office and the Dickinson Police Department. Assistant U.S. Attorney John Jocher prosecuted the case. 

CORPUS CHRISTI, Texas - A 25-year-old Corpus Christi man has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick. Fred Aaron Corona pleaded guilty Feb. 20, 2018.

Today, Senior U.S. District Judge John D. Rainey sentenced Corona to 37 months imprisonment to be immediately followed by 2 years of supervised release. 

In February 2017, officers detained Corona for violating a park curfew. While speaking with the officers, Corona appeared to be intoxicated.  Corona was arrested and officers impounded his vehicle, at which time authorities discovered a loaded .380 caliber semi-automatic handgun in the glovebox. Corona had previously been convicted in state court for numerous felonies and is prohibited by federal law from possessing firearms and ammunition.

Corona was taken into federal custody in December 2017 as part of Operation City Shield, a coordinated federal, state and local law enforcement operation designed to identify violent offenders, stop gun violence and protect the community.

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

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

CORPUS CHRISTI, Texas - A 64-year-old Corpus Christi resident has been charged with possession of child pornography, announced U.S. Attorney Ryan K. Patrick.

Today, U.S. Magistrate Judge B. Janice Ellington ordered Manuel Diaz detained pending further criminal proceedings.

The criminal complaint filed April 27, 2018, alleges that in July 2017, Diaz was at a pharmacy printing photographs of nude children from a flash drive. A forensic examination allegedly resulted in the discovery of child erotica and child pornography images of children as young as 12-years-old. Law enforcement also discovered more than 750 images and 100 videos of child pornography, according to the charges. The criminal complaint further alleges Diaz has a prior conviction related to a sex offense.

If convicted, Diaz faces a minimum of 10 years and up to 20 years in federal prison and a possible $250,000 maximum fine.

Immigration and Customs Enforcement’s Homeland Security Investigations and Corpus Christi Police Department’s – Internet Crimes Against Children Task Force conducted the investigation with the assistance of the National Center for Missing and Exploited Children.  

Assistant U.S. Attorney Hugo R. Martinez is 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 35-year-old Corpus Christi man has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick. Adam Lee Rodriguez pleaded guilty Feb. 1, 2018.

Today, U.S. District Judge Nelva Gonzales Ramos sentenced Rodriguez to 63 months imprisonment to be followed by three years of supervised release. 

In July 2017, officers detained Rodriguez for violating a park curfew. While speaking with the officers, Rodriguez gave consent to search his vehicle, at which time authorities discovered a loaded 9mm semi-automatic handgun under his seat. Rodriguez had previously been convicted in state court for numerous felonies and is prohibited by federal law from possessing firearms and ammunition.

Rodriguez was taken into federal custody in December 2017 as part of Operation City Shield, an coordinated federal, state and local law enforcement operation designed to identify violent offenders, stop gun violence and protect the community.

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

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

HOUSTON – A 50-year-old man from Baytown has been ordered to federal prison for possession, receipt and distribution of child pornography, announced U.S. Attorney Ryan Patrick. Marlin Louis Carman, of Baytown, pleaded guilty Feb. 16, 2018.

Today, U.S. District Judge Sim Lake sentenced him to 120 each for the charges, respectively. The sentences will run concurrently. Carman was further ordered to pay $15,300 special assessments and will 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. He will also be ordered to register as a sex offender.

Carman first came to the attention of law enforcement in September 2013 after multiple images of child pornography were found associated with his online email account. At the conclusion of the investigation, authorities discovered Carman was communicating  with an email account holder in New York  to obtain child pornography and later conducted a search of his residence, phone and email accounts, leading to the discovery of 3,090 videos and 13,519 images. Some of the images are of known victims identified through the National Center for Missing and Exploited Children.

Carman admitted ownership of the child pornography as well as the phone and email account he used to obtain it.  

At the time of his plea, he admitted to using email to communicate with other individuals to search for, download and obtain child pornography. He also admitted to distributing the child pornography through his online account. 

Following the plea hearing, Judge Lake revoked Carman’s bond and ordered him into custody where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI conducted the investigation.

Assistant U.S. Attorney Julie N. Searle is 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."

VICTORIA, Texas - A federal jury has returned a guilty verdict related to a large-scale synthetic narcotic manufacturing operation, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for just under two hours before reaching its verdict, convicting Mohamed Ebrahim Salim Moton, 49, a citizen of India lawfully residing in Houston, of two counts of possession with intent to distribute a synthetic cannabinoid.

Two others charged in the indictment had previously pleaded guilty. Ataru Rahman Malik, 39, of Houston, and Thomas Edward Peplinski, 73, of Robstown, each pleaded guilty April 3, 2018, to one count of conspiracy to possess with intent to distribute a synthetic cannabinoid before Senior U.S. District Judge John Rainey. Malik and Peplinski are both set the sentencing for July 3, 2018. Moton’s sentencing is set for Aug. 7, 2018.

During the trial, the jury heard the testimony of several law enforcement officers who stated that in September 2016, the Houston Police Department received a tip concerning the discovery of a package of synthetic cannabinoids at a storage facility in the 10000 block of the Southwest Freeway. During the follow-up investigation, officers conducted surveillance at the location and were able to identify Moton dropping off large trash bags full of synthetic cannabinoids at several local storage units. The officers then observed Malik arriving at the storage units and removing the trash bags of synthetic cannabinoids at a later time.

One of the officers testified that on Feb. 10, 2017, they observed Moton leave his residence and retrieve two large trash bags of synthetic cannabinoids from one of the storage units and deliver them to Malik’s vehicle which was parked at an apartment complex in the 11000 block of Bissonnet in southwest Houston. Malik was then observed moving the trash bags into another vehicle that Peplinski was driving. After leaving the location, authorities conducted a traffic stop on Peplinski’s vehicle as he drove southbound on US-59 in Fort Bend County.  During the traffic stop, the officers seized 899 packets of synthetic cannabinoids weighing approximately 30 pounds.          

The officers testified that based on the investigation, they obtained felony arrest warrants for Moton and Malik through the Harris County District Attorney’s Office. On April 18, 2017, the Houston Police Department (HPD Narcotics Division executed arrest warrants for Malik and Moton related to the February incident. At the time of the arrests, the officers searched a residence in a southwest neighborhood and discovered approximately 580 pounds of synthetic cannabinoids and equipment used to manufacture and package the illegal substance. Officers also searched several area storage units and recovered additional packages ready to be sold. At the time of the arrests, it was the largest seizure of a synthetic cannabinoids manufacturing operation HPD discovered to date. In addition, officers seized approximately $108,000 in U.S. currency related to the criminal activity.

The evidence showed that laboratory analysis confirmed the presence of the synthetic cannabinoid FUB-AMB. In addition, the jury heard the testimony of two expert witnesses from the Drug Enforcement Administration (DEA), Chemical and Drug Evaluation Section related to the chemical structure and the pharmacological effects of FUB-AMB, which is controlled under the Controlled Substance Analog Act. The testimony also included how the DEA handles newly emerging synthetic narcotics, the adverse effects of those substance and imminent hazard they present to the public safety.

Synthetic cannabinoids are chemical compounds that mimic THC, the psychoactive ingredient in marijuana.  These chemical compounds are 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: Kush, Spice, K2, Klimaxx and many other names.

In custody since his arrest, Moton was transferred to federal custody after the indictment and will remain in custody pending his sentencing. Malik and Peplinski were released on bond after their arrests and were allowed to remain on bond pending their sentencing.

All three men face a maximum punishment of up to 20 years of imprisonment and a possible $1 million maximum fine.

The Houston Police Department conducted the investigation with the assistance of the Drug Enforcement Adminisration and Immigration and Customs Enforcement's Homeland Security Investigations.

Assistant U.S. Attorney Lance Watt is prosecuting the case.

HOUSTON – The 75-year-old long time fugitive known as “Butch” Ballow has received a second federal sentence following his admission of defrauding investors in a Nevada company with shares traded on the over-the-counter securities market, announced U.S. Attorney Ryan K. Patrick. Harris Dempsey aka “Butch” Ballow, formerly of formerly of Galveston County, pleaded guilty Feb. 2, 2018, to wire fraud and conspiracy to commit wire fraud.   

Today, U.S. District Judge Ewing Werlein Jr. sentenced Ballow to serve 40 years in prison – the statutory maximum. He was further ordered to pay $37,544,944 in restitution. At the hearing, the court heard from one victim whom Ballow defrauded out of $5 million. The victim explained that Ballow used religious pretenses to convince victims to invest money and that he presented himself in Mexico as a type of missionary. He further mentioned that he knew victims who had lost their life saving to Ballow.

Judge Werlein added that in all his decades on the bench, he could not think of a more outrageous fraudulent crime spree, calling it “despicable” and noting there were more than 500 victims.

Assistant U.S. Attorney (AUSA) John Lewis told the judge Ballow was a “financial predator” who would keep committing fraud as long as he was out of jail and explained Ballow had been using fake names to commit fraud since at least the early 1980s when he was convicted of a financial crime against a jewelry store in San Diego.

In this case, Ballow admitted to defrauding investors in E-SOL International Corporation.   

At the time of the offense, Ballow was a fugitive from justice in the United States. He had previously been convicted of money laundering that centered on misrepresentations made in connection with the purchase and sale of stock. Ballow pleaded guilty in that case before U.S. District Judge David Hittner and was released on bond. He was set for sentencing Dec. 16, 2004, but failed to show, having fled the country for Mexico where he lived for almost five years under a series of fake names. While there, he defrauded numerous investors through a new scheme which is the basis for the sentencing today.

At the time of his plea, Ballow admitted that in 2005, while living as a fugitive in Mexico under the name John Gel, he purchased the majority of the publically traded shares of E-SOL and installed fictitious persons named Robert Remington and Marilyn Desimone as officers. At the time, E-SOL had almost no assets and conducted no business. Nonetheless, over the course of the next four years, Ballow sold E-SOL stock to investors in return for millions of dollars by deceiving them about the company’s assets and finances, while hiding his identity, his criminal convictions and his status as a fugitive.

In June 2008, Ballow pretended to be a banker named Tom Brown and convinced an American investor living in Puerto Aventuras, Mexico, to purchase E-SOL stock for $5 million. Ballow convinced the investor that E-SOL was developing a golf and recreational resort community in the jungle west of Cancun. However, the resort was fictitious and the stock was worthless. Ballow soon fled from Puerto Aventuras and surfaced under a new name a few months later in Puerto Vallarta, Mexico, where he continued to defraud investors.

Ballow was ultimately arrested by Mexican authorities July 13, 2010, in Nuevo Vallarta, Mexico, and extradited to the United States the following year.

Once in the United States, Judge Hittner ordered him to prison for 10 years in prison and to pay $10 million in restitution for the 2003 money laundering conviction.

Several other persons have been convicted of conspiring to commit wire fraud with Ballow while he was in Mexico and ordered to federal prison including Austin lawyer Patrick Lanier, 69, and Christopher Harless, 65, of Georgetown, who are currently serving a 17 and 20 years in federal prison, respectively. Other co-conspirators are awaiting sentencing or remain fugitives in the case.

The FBI and IRS - Criminal Investigation conducted the investigation with the assistance of the U.S. Marshals Service and U.S. Postal Inspection Service. The United States government also received extensive and valuable assistance from the governments of Mexico and Canada.

Assistant U.S. Attorneys John R. Lewis and Belinda Beek are prosecuting the case.

HOUSTON - Attorney General Jeff Sessions has selected the Southern District of Texas (SDTX) to receive additional personnel for the fight against illegal immigration, announced U.S. Attorney Ryan K. Patrick.

A total of 35 new Assistant U.S. Attorney (AUSA) positions have been allocated to the five U.S. Attorney’s Offices along the Southwest border, eight of which were dedicated to the SDTX.

The additional prosecutors will be utilized to handle the prosecutions of improper entry, illegal reentry and alien smuggling cases.

“The SDTX regularly prosecutes multiple thousands of illegal entry, illegal reentry and smuggling cases per year,” said Patrick. “These new attorneys will go towards increased enforcement of the administration’s zero tolerance policy towards those who illegally enter the county and other immigration matters. Our offices in Laredo, McAllen, Brownsville and Corpus Christi are the front line in this effort.”

“The American people made very clear their desire to secure our borders and prioritize the public safety and national security of our homeland,” said Sessions. “Promoting and enforcing the rule of law is essential to our republic. By deploying these additional resources to the Southwest border, the Justice Department and the Trump Administration take yet another step in protecting our nation, its borders and its citizens. It must be clear that there is no right to demand entry without justification.”

Due to a recent increase in the number of apprehensions at the Southwest border, the new AUSA positions will assist in the prosecutions of illegal reentry (8 U.S.C. § 1326), alien smuggling (8 U.S.C. § 1324) and improper entry (8 U.S.C. § 1325) pursuant to the Justice Department’s “Zero-Tolerance Policy” Sessions announced April 6, 2018, and its prior April 11, 2017, directive to prioritize charging immigration offenses.

A decision on how the new SDTX positions will be specifically allocated throughout the district has yet to be determined.

A federal jury found Mercy O. Ainabe, a patient recruiter for Texas Tender Care, guilty today for her role in a $3.6 million Medicare fraud scheme involving fraudulent claims for home health services. 

 

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Region, and the Texas Attorney General’s Medicaid Fraud Unit (MFCU) made the announcement.

 

After a three-day trial, Mercy O. Ainabe, 52, of Houston, Texas, was convicted of one count of conspiracy to commit health care fraud, five counts of health care fraud, and one count of conspiracy to pay health care kickbacks. Sentencing has been scheduled for July 27 before U.S. District Judge Sim Lake of the Southern District of Texas, who presided over the trial. 

 

According to evidence presented at trial, the defendant and her co-conspirators submitted claims to Medicare for home health services that were not medically necessary and/or were not provided.  Ainabe paid beneficiaries, doctors, physical therapy companies, and others for the paperwork, Medicare beneficiary information, and services needed to facilitate the fraud. 

 

The case was investigated by the FBI, HHS-OIG, and MFCU, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas. The case is being prosecuted by Trial Attorneys Andrew Pennebaker and Elizabeth Young of the Fraud Section.

 

The Fraud Section leads the Medicare Fraud Strike Force, which 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.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

LAREDO, Texas - Seven people have been ordered to forfeit more than $13 million following their convictions related to a car nationalization business, announced U.S. Attorney Ryan K. Patrick.

Car nationalization is the process by which someone imports a U.S. vehicle into Mexico, such as registering the vehicle with the Mexican government. The Mexican government has specific customs laws or regulations regarding vehicle importation. A car nationalization business helps its customers navigate through these regulations for a fee.

Alejandro Cerda, 44, and Juan Carlos Cerda, 39, both of Laredo, had previously pleaded guilty to operating an unlicensed money transmitting business and making false statements on tax returns. Today, they were collectively ordered to forfeit real property valued at more than $7.4 million and approximately $5.2 million.

Ofelia Jenkins, 67, and Adrian Reyna, 37, both of Laredo, had also pleaded guilty to operating an unlicensed money transmitting business and were respectively ordered to pay a $45,000 and a $16,000 money judgement. Laredoans Elias Ibanez, 51, Gerardo Cadena, 38, and Roberto Cuevas, 42, had entered their guilty pleas to structuring international monetary transactions were each ordered to pay a $250,000 money judgement.

Juan Cerda and Alejandor Cerda owned and operated a vehicle nationalization company titled Grupo MCA Importaciones LLC. The Cerdas along with Reyna and Jenkins who were unlicensed to operate such a business, engaged in the business of transmitting money when they acquired bulk quantities of currency and other monetary instruments from Grupo MCA and other vehicle nationalization businesses operating in the Laredo area. They then opened specific Texas bank accounts whereby for a fee they transmitted the cash to others. The identified Texas banks accounts are known to have received and transmitted more than $24 million in U.S. currency during a 16-month period. 

Cadena, Ibanez and Cuevas each owned and operated their own Laredo based vehicle nationalization company through which each admitted to structuring U.S. currency into Mexico at increments of less than $10,000 to avoid a known reporting requirements. 

The FBI, IRS-Criminal Investigation. and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation dubbed Operation Conundrum along with the Drug Enforcement Administration. Assistant U.S. Attorney Graciela R. Lindberg is prosecuting the case. 

HOUSTON – A 44-year-old Houston woman has been taken into custody following the return of a federal indictment charging her for her role in a scheme involving mail, bank and wire fraud and aggravated identity theft, announced U.S. Attorney Ryan K. Patrick.

A grand jury returned a 16-count indictment April 25, 2018, against Tonya Lynn Adkism. She was taken into custody today and is expected to make her initial appearance before U.S. Magistrate Judge Dena Palermo at 10:00 a.m.

According to the indictment, Robert Meachem - a former professional football player - hired Adkism in June 2010 to manage his finances. During her employment, Adkism fraudulently acquired signatory authority over the victim’s corporate accounts and forged his signature on checks drawn on his personal accounts, according to the charges. As a result of her scheme, Adkism allegedly stole more than $1 million from Meachem.

If convicted, Adkism faces up to 20 years in prison for mail fraud and each of the two counts of wire fraud. She also faces two years in prison for each of the five counts of aggravated identity theft which must be served consecutively to the other sentences. Each of these charges also carries a possible $250,000 maximum fine. In addition, Adkism faces up to 30 years in prison and a possible $1 million maximum fine for each of the eight counts of bank fraud.

The FBI conducted the investigation. Assistant U.S. Attorney Justin R. Martin is prosecuting the case.

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

CORPUS CHRISTI, Texas - A 41-year-old Corpus Christi man has been sent to federal prison following his conviction of possessing child pornography, announced U.S. Ryan K. Patrick. Timothy Traut pleaded guilty Feb, 1, 2018.

Today, U.S. District Judge Nelva Gonzalez Ramos sentenced Traut to 120 months in prison. At the hearing, the court heard that Traut possessed images of children he knew and that he superimposed the children’s faces to images of child pornography. The court also read two letters from the parents of those children explaining how the crime impacted their lives.

Traut was further ordered to serve 15 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.

In March 2017, Queensland Police Services in Australia identified a computer discussing child pornography on an internet website. That computer was later linked to Traut who was using a profile name of “Horndog.” Traut had posted pictures to that website and made comments about the desire to have sexual intercourse with a child pictured in some of those images.

Agents later executed a search warrant at his residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed more than 850 images and approximately 104 videos child pornography. Many of those videos included images of sexually explicit conduct involving prepubescent girls.

Traut 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 the Corpus Christi Police Department’s Internet Crimes Against Children Task Force.

Assistant U.S. Attorney Hugo R. Martinez is 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."

McALLEN, Texas – Two illegal aliens residing in Pharr have been ordered to federal prison for conspiring to interfere with commerce by threats or violence and to carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Ryan K. Patrick. Rogelio Acosta-Moctezuma, 39, and Jose Israel Villa-Reyes, 28, admitted they conspired to rob an undercover agent. Acosta-Moctezuma also pleaded guilty to an unrelated charge of conspiring to export defense articles. 

Today, U.S. District Judge Micaela Alvarez imposed a 107-month sentence for Acosta-Moctezuma, while Villa-Reyes was ordered to serve 103 months. Not U.S. citizens, both are expected to face deportation proceedings following their sentences. In handing down the sentence, Judge Alvarez noted that while no one was hurt in this case, there is a bad problem south of the border with violence drug cartels commit and that she is seeing more of that violence being imported here. She noted those concerns and the fact that the crime occurred in a public place.

On Feb. 1, 2017, a confidential informant negotiated the purchase of two kilograms of cocaine and three kilograms of methamphetamine for $60,000. The informant arrived at a parking lot in Pharr with an undercover agent to meet with Acosta-Moctezuma and Villa-Reyes and pick up the narcotics.

Shortly after their arrival, the agent said he was going to call for the delivery of the money. While on the phone, Acosta-Moctezuma exited the vehicle and approached the agent, at which time law enforcement arrested him. A pistol was in his waistband, which he admitted was given to him for the purpose of meeting with the buyers. Villa-Reyes remained in the vehicle, but was also found with a pistol.

The packages they brought to the transaction revealed the presence of Styrofoam and another substance, but no narcotics.

Both admitted they went to the meeting with the weapons not to sell drugs but to steal the $60,000. 

In the unrelated case involving the conspiracy to export defense articles, Acosta-Moctezuma admitted to supplying a .223 rifle to an undercover agent posing as a buyer who was going to smuggle the rifle to Mexico. He was sentenced to 37 months in prison on that case, to run concurrent with the robbery charge.

Both men 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 and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Border Patrol’s Evidence Collection Team and the Pharr Police Department. Immigration and Customs Enforcement’s Homeland Security Investigations conducted the unrelated defense articles investigation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.

McALLEN, Texas – The first defendant involved in a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. Jorge Antonio Calvo-Ayala, 25, of Pharr pleaded guilty last year to conspiring to possess with the intent to distribute more than five kilograms of cocaine.

Today, U.S. District Judge Micaela Alvarez ordered Calvo-Ayala to serve 95 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, the court considered Calvo-Ayala’s role in a April 2017 home invasion in San Juan, in which members of the rip crew conducted a home invasion armed with firearms to steal more than seven kilograms of cocaine. Judge Alvarez stated that the members’ violent conduct will likely traumatize and haunt the eight-year-old child that was present during the home invasion. 

Additional members of the rip crew are also responsible for a June 2015 carjacking in Mission, a February 2016 home invasion in Hidalgo, a July 2016 carjacking of an 18- wheeler in Edinburg, a November 2016 shoot-out involving an attempted carjacking in McAllen, a January 2017 carjacking in Palmview, a March 2017 carjacking in McAllen, an April 2017 home invasion in Mission, an April 2017 carjacking in Pharr, an April 2017 home invasion in San Juan, a June 2017 home invasion in McAllen, and a July 2017 home invasion in Mission. The members of the rip crew conducted each of the home invasions or carjackings in hopes of stealing controlled substances, primarily cocaine, from other individuals.

Those who have also pleaded guilty in the conspiracy and are pending sentencing include Danny Cano, 30, Antonio Javier Gomez aka “Little T,” 28, Marlyn Gonzalez, 39, and Arturo Vargas aka “Petu” or Cholo,” 35, all of Mission; Mexican nationals Miguel Marin Cerda aka “Tigre,” 30, Jose Garcia-De La Torre aka “Coco,” 22, Carlos Guadalupe Aquino-Pacheco aka “Tomy,” 20, Alfredo Avalos-Sanchez aka “Chore,” 26, Gustavo Angel DeLeon-Covarrubias aka “Tripa,” 19, and Jose Arturo Reyes-Sanche aka “Gordo,” 19; along with Juan Antonio Flores aka “Paisa,” 27, of Weslaco.

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

HOUSTON – A 55-year-old Pearland resident has entered a guilty plea to conspiracy to commit wire fraud, announced U.S. Attorney Ryan K. Patrick.

Henry Guillory admitted that beginning on Nov. 21, 2012, he was engaged in a conspiracy to defraud the Department of Veteran Affairs (VA).

The VA awards contracts to qualified companies that disabled veterans own as part of the Service Disabled Veteran Owned Small Business (SDVOSB) program.

Guillory recruited a service disabled veteran to falsely claim majority ownership of a Houston-based company named MEP Sales and Service (MEP), while Guillory, the true majority owner, claimed minority ownership. This was done so as to get MEP certified as a SDVOSB thereby providing MEP the ability to be awarded contracts. Because of their fraudulent claims, MEP was wrongfully awarded 12 VA small business set-aside contracts totaling more than $1.6 million that should have been given to legitimate veteran-owned small businesses. All 12 of these set-aside contracts were for maintenance and/or construction work at the DeBakey VA Medical Center.

U.S. District Judge Alfred H. Bennett accepted the plea and set sentencing for July 12, 2018, at which time Guillory faces up to five years in federal prison and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.

VA - Office of Inspector General conducted the investigation. Assistant U.S. Attorney Daniel C. Rodriguez is prosecuting the case.

LAREDO, Texas – A 28-year-old woman has been found guilty of importing 15.62 kilograms of crystal methamphetamine, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for five hours following a two-day trial before convicting Mayra Aguirre, of Bradenton, Florida. 

On Oct. 9, 2017, Aguirre attempted to enter the United States via the Lincoln-Juarez Bridge driving her recently-purchased silver 2012 Dodge Durango. Her sister and young toddler were with her. Officers became suspicious after she gave inconsistent replies to standard questions and could not provide proof of vehicle registration.

She was referred to secondary inspection, at which time officers detected a powerful chemical odor emanating from the interior of the vehicle. The odor did not dissipate and initially made some officers nauseous. An inspection revealed obvious signs of mechanical tampering with the discovery of non-factory bolts, glue and unusual welding under the carpeting. A subsequent search revealed 15.62 kilograms of methamphetamine stored within 29 plastic bags hidden inside a false “trap door” panel manually attached to the inside of vehicle.

At trial, the jury also heard that the drugs have an estimated value of up to $500,000 in Florida.

The defense attempted to convince the jury the methamphetamine was placed in her client’s vehicle when it was stolen in Mexico a month prior to her arrest. They did not believe her claims and found her guilty as charged.

Sentencing will be set a later date. At that hearing, Aguirre faces up to life in federal prison and a possible $10 million fine.

Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorneys Michael Eaton, Christopher Dos Santos and Francisco J. Rodriguez are prosecuting the case.

McALLEN, Texas – An Alamo man and an illegal alien living in Donna have been ordered to prison for their part in an alien smuggling conspiracy, announced U.S. Attorney Ryan K. Patrick. Daniel Medina-Acosta, 37, and Arturo Rocha-Guajardo, 37, pleaded guilty in November 2017. 

Today, U.S. District Judge Micaela Alvarez sentenced Medina-Acosta, 37, to 95 months in federal prison, while Rocha-Guajardo received a 55-month prison term. Medina-Acosta will also serve three years of supervised release. Not a U.S. citizen, Rocha-Guajardo is expected to face deportation proceedings following his incarceration.  

The investigation began in April 2017 when a rancher near Encino identified at tractor-trailer appearing to be dropping off illegal aliens on multiple occasions. The investigation led to the discovery of an illegal alien who later identified Medina-Acosta as the person who transported him in a white truck and as the caretaker of a stash house in Donna. Another alien identified Medina-Acosta and stated that he had threatened them with a weapon. 

Authorities began conducting surveillance and later executed a search warrant at the stash house. At that time, they discovered 13 illegal aliens inside with Rocha-Guajardo acting as the caretaker of the residence. Medina-Acosta was taken into custody after agents executed an arrest warrant on Oct. 3, 2017. 

Both men will remain in custody pending their transfer to U.S. Bureau of Prisons facilities. 

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