FEDERAL DISTRICT ARCHIVE
Western District of Texas
Press releases recorded for this federal judicial district.
Odessa Man Sentenced to 30 Years in Federal Prison for January CarjackingRead the Press Release
MIDLAND, Texas – An Odessa man was sentenced in federal court in Midland to 30 years in prison for carjacking and discharging a firearm during the commission of a crime of violence.
According to court documents, Isaac Ramirez Carrasco, 38, carjacked a couple on Jan. 30 by pointing a shotgun at the driver and ordering both occupants out of their vehicle. The victim did not initially comply, and Carrasco fired the shotgun at least one time in the air before returning his aim to the victim. The couple ultimately exited the truck and Carrasco drove away in it. Odessa Police were able to track the truck to a nearby residence, where they also located Carrasco and the shotgun.
“This 30-year sentence sends a strong message that violent crime in our community will not be tolerated and will be met with the full force of the law,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Carrasco demonstrated a complete and total disregard for human life and risked causing innocent people severe injury or worse. Thanks to the response by our local law enforcement partners, Carrasco is off the streets and our community is safer.”
“The partnerships that we have with other local, state and federal law enforcement agencies and prosecutors allows us to create a safer community for all of our citizens,” said Odessa Police Chief Michael Gerke. “We are appreciative that multiple entities came together to remove this dangerous criminal from our streets.”
The Midland/Odessa Violent Crimes Task Force investigated the case.
Assistant U.S. Attorney Joe Mahoney prosecuted the case.
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Mexican National Sentenced to Nearly 20 Years for Trafficking Meth through Eagle Pass Port of EntryRead the Press Release
DEL RIO, Texas – A Mexican national was sentenced in a federal court in Del Rio to 235 months in prison for conspiracy to possess with intent to distribute methamphetamine.
According to court documents, on Nov. 12, 2020, Braulio Reyes, 27, of Agujita, Coahuila, Mexico, attempted to enter the United States through the Eagle Pass Port of Entry pedestrian lane. Customs and Border Protection Officers discovered Reyes had several packages strapped to his waist, containing 3.45 kgs of methamphetamine hydrochloride with a purity level of 100%.
Reyes pleaded guilty Feb. 26, 2021, facing a federal prison term of 10 years to life and a maximum fine of $10,000.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations investigated the case.
Assistant U.S. Attorneys Rex Beasley and Holly Pavlinski prosecuted the case.
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Del Valle Felon Sentenced to More Than 12 Years in Federal Prison for Drug Trafficking, Firearm ChargesRead the Press Release
AUSTIN, Texas – A Del Valle man was sentenced in federal court to 150 months in prison for possession with intent to distribute a controlled substance and felon in possession of a firearm.
According to court documents, Anthony Robles, 48, sold nine ounces of methamphetamine to an undercover law enforcement agent on April 26, 2023. The following day, agents executed a search warrant at his residence and recovered 19 firearms, ballistic vests and body armor, and diamonds. Agents also recovered more than 600 grams of methamphetamine, more than 500 grams of heroin, approximately one kilogram of fentanyl, and more than 50 grams of cocaine.
Robles was arrested Oct. 18, 2023. He pleaded guilty to one count of possession with intent to distribute a controlled substance and one count of felon in possession of a firearm.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The Drug Enforcement Administration and Texas Department of Public Safety investigated the case.
Assistant U.S. Attorney Matt Harding prosecuted the case.
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Austin Man Sentenced to 14 Years in Federal Prison for Fentanyl DistributionRead the Press Release
AUSTIN, Texas – An Austin man was sentenced in federal court to 168 months in prison for conspiracy to distribute and possess with intent to distribute more than 40 grams of fentanyl.
According to court documents, Trenton Harris Tindall, 24, was identified as having coordinated the purchase of counterfeit oxycodone with a purchaser in Austin who was found deceased the day after their correspondence. In their text messaging, Tindall told the purchaser that he possessed oxycodone for distribution and arranged the transaction. The Travis County Medical Examiner determined the victim’s cause of death was accidental and due to the toxic effects of fentanyl.
Through three separate operations during an investigation, Tindall distributed a total of approximately 450 fentanyl-laced oxycodone tablets—blue in color with “M30” printed on them—to law enforcement. Tindall pleaded guilty Dec. 15, 2023 to one count of conspiracy to distribute and possess with intent to distribute more than 40 grams of fentanyl.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The FBI and Austin Police Department investigated the case.
Assistant U.S. Attorney Matthew Devlin prosecuted the case.
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El Paso Contractor Sentenced to Prison for Defrauding Bureau of PrisonsRead the Press Release
EL PASO, Texas – An El Paso man was sentenced in a federal court to 24 months in prison with a $5,000 fine for defrauding two federally funded correctional institutions.
According to court documents, Jack McCager Kidd, 72, was the owner of a company contracted by the Bureau of Prisons to construct two gas pipelines to separate correctional institutions—a high-security prison in Pennsylvania and a medium-security prison in Alabama. Kidd falsely invoiced the institutions for more natural gas than his company delivered and refused to provide information requested by the institutions concerning the amount of natural gas delivered and the calculations he used to determine the monthly invoice amounts.
He was arrested Oct. 28, 2021 and charged with 72 counts of wire fraud. He pleaded guilty Aug. 30, 2023 to one count of wire fraud. Per the plea agreement, Kidd also agreed to pay $11,397,374 in restitution.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The Department of Justice Office of the Inspector General Fraud Detection Office and FBI investigated the case.
Assistant U.S. Attorneys Chris Skillern and Sarah Valenzuela prosecuted the case.
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Texas Couple Serving Decades in Federal Prison for Importing, Distributing MethRead the Press Release
DEL RIO, Texas – A Texas man was sentenced in a federal court in Del Rio to 37 years in prison for conspiracy to import and distribute methamphetamine.
According to court documents, Joseph Ivy, 45, and his spouse, Yvette Contreras, 35, imported and sold large amounts of methamphetamine. Deputies from the Dimmit County Sheriff’s Office conducted a search warrant on their home in Catarina Aug. 18, 2020, discovering 1.5 kgs of methamphetamine, $7,389 in cash, two firearms, and a ledger documenting narcotic transactions. On Aug. 21, 2023, DCSO deputies apprehended Ivy during a traffic stop and found 2.4 kgs of methamphetamine in his vehicle.
Ivy admitted to transporting three kgs of methamphetamine to Moorhead, Minn. and four kgs to Charlotte, Texas. He and Contreras also admitted to working with a third conspirator, Margaret Charles Garcia. On at least two occasions, Garcia imported methamphetamine from Mexico at the instruction of Ivy.
Contreras was sentenced April 13, 2023 to 25 years in prison for her role in the conspiracy. Garcia pleaded guilty March 7, 2022 to one count of conspiracy to possess with intent to distribute methamphetamine. Garcia’s sentence hearing is scheduled for Oct. 2.
“These traffickers worked directly with Mexican drug cartels to bring loads of harmful narcotics into our communities and peddle them for a profit,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office remains committed, along with our local, federal and state partners, to dismantling criminal organizations and holding their personnel accountable for these serious offenses.”
“This Texas couple pushed large amounts of methamphetamine onto South Texas streets, and this lengthy prison sentence officially puts them out of business,” said Deputy Special Agent in Charge Alejandro Amaro for the Homeland Security Investigations San Antonio Division. “HSI is committed to disrupting prolific drug traffickers like Joseph Ivy and Yvette Contreras - criminals with no regard for the incredible damage they inflict on so many lives and communities.”
HSI and the DCSO investigated the case.
Assistant U.S. Attorneys Brett Miner and Zach Bird prosecuted the case.
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Previously Deported Felon Sentenced to 2 Years in Federal Prison for Illegal Re-EntryRead the Press Release
DEL RIO, Texas – A Mexican national was sentenced in a federal court in Del Rio to 24 months in prison for illegal re-entry into the United States.
According to court documents, Erasmo Zuniga-Angel, 30, of Buena Vista, Hidalgo, Mexico, was among a group of six undocumented noncitizens who had illegally crossed the Rio Grande into the U.S. on May 4, 2023. U.S. Border Patrol agents encountered the group and discovered that Zuniga-Angel had previously been deported Nov. 18, 2022 after being convicted in Missouri of illegal re-entry and sexual misconduct involving a child.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
USBP investigated the case.
Assistant U.S. Attorney Jayvee Rhoda prosecuted the case.
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San Antonio Man Sentenced to 11 Years in Prison After Mailing Fentanyl-Laced Pills, Causing Death of El PasoanRead the Press Release
EL PASO, Texas – A San Antonio man was sentenced in a federal court in El Paso to 132 months in prison for distributing fentanyl-laced pills through the mail, leading to the death of an El Paso woman.
According to court documents, Brennan Dane Short, 49, sold counterfeit M-30 pills to a purchaser in El Paso on March 21, 2023. Short mailed a package containing the pills from a United States Postal Service location. On March 27, 2023, the purchaser of the pills was found deceased at a hotel. The El Paso County Medical Examiner’s Office found that the deceased died of acute methamphetamine, cocaine, and fentanyl toxicity though she “would not have died but for the fentanyl.”
Short was arrested on Aug. 15, 2023. He pleaded guilty April 4 to one count of distribution of a controlled substance causing death or serious bodily injury.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Drug Enforcement Administration investigated the case.
Assistant U.S. Attorney Phillip Countryman prosecuted the case.
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El Paso Fentanyl Dealer Sentenced to 14 Years in Prison for Poisoning Death of 19-Year-OldRead the Press Release
EL PASO, Texas – Two El Paso women have been sentenced in a federal court in El Paso prison for their roles in the fentanyl poisoning death of a 19-year-old single mother.
According to court documents, Kathy Lee Nicole Bradford, 32, coordinated the sale of M-30 pills to a woman in El Paso in April 2022. On Bradford’s behalf, codefendant Patricia Tafoya, 40, delivered 10 counterfeit M-30 pills containing fentanyl to the purchaser, who consumed some of the pills and, as concluded by the El Paso County Medical Examiner’s Office, died of acute fentanyl toxicity.
Bradford admitted in March to knowing the pills contained fentanyl, pleading guilty to one count of distribution of a controlled substance causing death or serious bodily injury. She was sentenced to 168 months in federal prison.
Tafoya pleaded guilty to one count of conspiracy to possess a controlled substance with intent to distribute. She was sentenced to 21 months in prison and ordered into a drug treatment program.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Drug Enforcement Administration investigated the case.
Assistant U.S. Attorney Phillip Countryman prosecuted the case.
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Former Texas School District Employee Arrested for Allegedly Stealing Federal FundsRead the Press Release
ALPINE, Texas– A former Valentine Independent School District employee was arrested on criminal charges related to his alleged scheme to fraudulently misappropriate school district funds for personal expenses.
According to court documents, Ernesto Villarreal, 42, of Marfa, is alleged to have fraudulently and improperly used credit cards that were issued by Valentine ISD. The cards were intended for Villarreal to use for authorized purchases in his capacity as business manager and tax assessor/collector. Instead, Villarreal allegedly used the credit cards for hundreds of personal purchases, including but not limited to purchases for travel, lodging, home improvements, hardware store purchases, personal cell phone bills, fuel, oil changes, convenience store purchases, university tuition payments, and various other unauthorized purchases.
Additionally, Villarreal is alleged to have accessed payroll information for several employees and former employees of the district in order to create fraudulent payroll payments that he sent to his personal bank account. The indictment alleges that Villarreal would change the direct deposit information for employees and former employees and replace such information with his own bank accounts’ direct deposit information.
Villarreal is charged with one count of theft concerning programs receiving federal funds and eight counts of wire fraud. If convicted, he faces up to 10 years in prison for count one and up to 20 years in prison for each wire fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The FBI is investigating the case, assisted by the Texas Rangers and the Department of Education Office of Inspector General.
Assistant U.S. Attorney Scott Greenbaum is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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FBI Arrests El Paso Couple for Alleged Child AbuseRead the Press Release
EL PASO, Texas – An El Paso couple was arrested for charges in a four-count federal indictment related to their alleged child abuse.
According to court documents, Cecilia Stepaniak, 34, and Coreydon Stepaniak, 34, from April 2019 to February 2024 allegedly engaged in conduct that placed a child under the age of 15 in imminent danger of death, bodily injury, and physical or mental impairment. The indictment alleges acts including falsely reporting to a medical care provider that the minor victim was removed from school for bullying elementary school children; dangerously restricting the minor’s food intake; hitting the minor victim with a cell phone charging cable; holding a sharp kitchen knife to the minor victim’s throat; kicking the minor victim while on the ground; locking the minor victim in a dark closet; confining the minor victim to the garage of their Fort Bliss residence; and forcing the minor victim to perform calisthenics exercises multiple times a day for extended periods of time.
Both defendants are charged with one count of conspiracy to commit injury to a child, one count of injury to a child, one count of child endangerment, and one count of child abandonment.
If convicted, they each face up to five years in prison for the conspiracy charge; a minimum of 180 days up to two years for the injury to a child charge; and a minimum of two years to 20 years for the endangerment and abandonment charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The FBI and the Department of the Army Criminal Investigation Division are investigating the case.
Assistant U.S. Attorneys Nallely Barbosa and Debra Kanof are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Midlothian Man Sentenced in One of Two Cases Involving Fraud, BriberyRead the Press Release
SAN ANTONIO – A Midlothian man was sentenced in federal court to 25 months in prison for falsifying court documents and bribing a Veteran’s Administration contracting officer.
According to court documents, Javor McCoy, 43, attempted to avoid a civil court appearance in Dallas by transmitting a criminal summons to an employee with the Dallas County Court showing he had to appear in court for a Western District of Texas federal indictment. The summons contained the false and fraudulent electronic signature of a United States magistrate judge and had been altered to display a fictitious appearance date for McCoy.
The criminal summons altered by McCoy was related to charges he faced for bribery of a public official. In that case, court documents reveal that McCoy owned Ready 2 Go Transport Central LLC (R2G Central), a purported Service-Disabled Veteran Owned Small Business, providing transportation for veterans, including ambulance and wheelchair transportation. McCoy’s co-defendant in the bribery case, Glenn Dartone Johnson, 50, of San Antonio, was a contracting officer with the Department of Veteran’s Affairs (VA). McCoy paid Johnson approximately $100,000 for information regarding the VA bid process and for Johnson’s assistance in influencing the VA bid process to help R2G Central win competitive bids from the VA.
McCoy pleaded guilty to charges in both cases in January. U.S. District Judge Orlando Garcia ordered the Defendant sentenced to 25 months on each case, to be served concurrently. McCoy will also be subject to a term of supervised release of three years.
Johnson pleaded guilty on Dec. 20, 2023, to one count of conspiracy to commit bribery of a public official and is scheduled to be sentenced Sept. 19, 2024.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The FBI and VA-OIG investigated the case.
Assistant U.S. Attorney Justin Chung and Special Assistant U.S. Attorney Jay Porier prosecuted the case.
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Houstonian sent to prison for nearly $1M international money laundering schemeRead the Press Release
HOUSTON – A 31-year-old local man has been sentenced following his conviction of conspiracy to commit money laundering, announced U.S. Attorney Alamdar S. Hamdani.
Baudelaire Tchouala pleaded guilty Dec. 7, 2023.
U.S. District Judge Alfred H. Bennett has now ordered Tchouala to serve 18 months in federal prison to be immediately followed by two years of supervised release. He must also pay $168,068 in restitution.
“Business email compromise (BEC) scams and the money launders that support them prey on all levels of society from corporations to people trying to buy their first homes,” said Hamdani. “Today our office along with the FBI removed a conduit for that system. Our office will continue to seek out these BEC networks and dismantle them piece by piece.”
“In just a few short months, Tchouala deliberately opened numerous accounts at multiple banks with the express purpose of laundering almost $1 million dollars in fraudulent funds,” said FBI Houston Special Agent in Charge Douglas Williams. “Working with other remorseless criminals, Mr. Tchouala ruined victims’ lives by stealing hard-earned down payments for homes and shattering their trust in our financial system. FBI Houston’s investigators will continue to relentlessly pursue brazen swindlers while also seeking to make fraud victims whole once more.”
From July 2018 to November 2018, Tchouala laundered money into several bank accounts and withdrew the money to send to others. He used a business account to conceal the fraudulent activity.
In BECs similar to this one, conspirators pose as business partners of corporate victims or individuals that owe money for professional services or loans and send fraudulent emails saying that the business’ bank account has changed. They then ask that payments be sent to a new bank account (an account the conspirators control). The victims think they are paying for legitimate expenses, services or invoices, with the real company unaware of the sent emails. The conspirators attempt to withdraw or wire the money to another account before it can be discovered and frozen.
The victims in this case believed they paid for goods and services from legitimate individuals and companies but were tricked into sending the money to Tchouala’s accounts. On July 23, 2018, a victim wired $64,000 from their bank account to Tchouala’s account based on instructions they received via email. This account was opened May 24, 2018. The victim sent the money, believing it was for the purchase of a house.
On Oct. 29, 2018, another victim directed $198,955 into Tchouala’s account for a down payment on a condominium. The receiving account was just opened Oct. 12, 2018.
In addition, several companies also fell victim to the scheme. One had communicated via email with someone pretending to be from another company. On Oct. 4, 2018, that person sent an email requesting that payment be sent to an updated bank account. Based on that email, the victim company sent approximately $645,711 to Tchouala’s bank account, which was only opened Aug. 21, 2018.
The victims reside in various countries including the United States, South Korea and Japan.
Tchouala withdrew most of the money via cash, card purchases, checks and transfers. Tchouala’s fraudulent financial activity totaled approximately $935,000.
Tchouala was permitted to remain on bond pending surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorneys Rodolfo Ramirez and Shirin Hakimzadeh prosecuted the case.
24 Federally Indicted in San Antonio for Alleged Drug and Firearm TraffickingRead the Press Release
SAN ANTONIO – U.S. Attorney Jaime Esparza for the Western District of Texas announced at a press conference Thursday that 24 alleged members and associates of the Mexican American prison gang Hermanos de Pistoleros Latinos were indicted in San Antonio for criminal charges related to their alleged drug and firearm trafficking.
Law enforcement arrested 19 alleged gang members and associates Tuesday in an operation involving federal, state and local agencies. Five of the 24 defendants were already in federal or state custody prior to Tuesday’s arrests.
The indictment carries 24 counts including conspiracy to possess with intent to distribute methamphetamine; conspiracy to possess with intent to distribute heroin; conspiracy to possess with intent to distribute cocaine; conspiracy to possess firearms in furtherance of drug trafficking; conspiracy to traffic firearms; and more. If convicted, the defendants face varying ranges of time in prison, from maximum sentences of 15 or 20 years to penalties of five years to life in prison.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“Thank you to our federal, state and local law enforcement partners, led by the FBI and DEA in this case, for their ongoing commitment to investigating these issues in our communities and for their continued commitment to reducing violence, and firearm and drug crimes that plague our communities,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Their professionalism, determination, and expertise help protect the safety of our citizens and allow our federal prosecutors to keep violent criminals out of our communities for years.”
“We are truly safer today because there are fewer firearms in the hands of bad actors — fewer kilos of meth, heroin and cocaine for sale in our community and one less trafficking organization doing business in South Texas,” said Special Agent in Charge Aaron Tapp of the FBI's San Antonio Field Office. “The FBI remains committed working with our partners in whatever way we can to reduce violent crime in our communities, throughout the state of Texas – and across the country.”
“These arrests will put a dent into HPL’s drug trafficking activities that have been their main source of income,” said Special Agent in Charge Daniel Comeaux for the Drug Enforcement Administration Houston Division. Members rely on the money made outside to fund members behind bars and help HPL as an organization thrive at the devastating expense of our communities.”
The defendants arrested Tuesday are:
- Daniel Natividad aka “Danny Boy,” 50, of Hebronville
- Brian Zepeda aka “Get Down”, 39, of San Antonio
- Roberto Ibarra aka “Bobby,” 44, of Laredo
- Mike Rayas Carrillo aka “Gordo,” 37, of San Antonio
- Jesus Mendoza Jr. aka “Chivo,” 50, of San Antonio
- Gilberto Garcia aka “Gibo,” 42, of San Antonio
- Ramon Lozoya aka “Bulldog,” 41, of San Antonio
- Maximo Flores Jr., 44, of San Antonio
- Miguel Zamora Rosas aka “Eight Ball”, 39, of San Antonio
- Paul Garcia aka “Baby Paul”, 38, of San Antonio
- Abraham Pagan aka “Shank,” 44, of San Antonio
- Mark Anthony Avila, 43, of San Antonio
- Rudy Hugo Lopez, 34, of San Antonio
- Robert Davalos Alvarado aka “Pork Chop,” 41, of San Antonio
- Raymond Medina aka “Crime”, 35, of San Antonio
- Roger Hilburn, 33, of San Antonio
- Armando Perales aka “Pitbull,” 54, of San Antonio
- Ruben Rivera, 36, of San Antonio
- JR Perales, 31, of San Antonio
The following defendants were already in custody:
- Antonio Rios Jr. aka “Tone”, 33, of San Antonio
- Vidal Morales Jr. aka “Moe”, 49, of San Antonio
- Ronald Mendoza aka “Ronnie,” 41, of San Antonio
- Carlos Bernal aka “Guero,” 46, of San Antonio
- Adrian Calvillo aka “Token,” 40, of San Antonio
The FBI and DEA are leading the investigation with valuable assistance from the U.S. Marshals Service, IRS-Criminal Investigations, Customs and Border Protection, Texas National Guard Counter Narcotics Taskforce, Texas Department of Public Safety, Texas Department of Criminal Justice - Office of the Inspector General, Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, San Antonio Police Department, Boerne Police Department, and the New Braunfels Police Department.
Assistant U.S. Attorneys Brian Nowinski and Fidel Esparza III are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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San Antonio Woman Who Acted as Legal Advocate to Smuggle Migrants Sentenced to 14 Years in Federal PrisonRead the Press Release
DEL RIO, Texas – A San Antonio woman was sentenced in federal court to 168 months in prison for one count of wire fraud.
According to court documents, Kimberly Cruz, 35, orchestrated a scheme in which she misrepresented herself as a legal advocate in order to smuggle migrants into the United States. Between April and October 2019, Cruz convinced multiple migrants and their families that she was an attorney, proceeding to collect identity documents such as birth certificates, voter identifications, passport card, and more from the migrants. In return for the services Cruz promised, migrants deposited a total of $275,911 into her personal accounts.
Using the packets of documents that the migrants had provided her, Cruz misrepresented herself to officers at the Eagle Pass Point of Entry, indicating that the migrants required humanitarian paroles and were permitted to enter the U.S. for 24 to 48 hours for the purpose of attending United States Customs and Immigration Services appointments. Cruz would then transport the migrants to San Antonio, where she would deliver them to family members or drop them off at the airport or a bus station.
Cruz was arrested Oct. 29, 2019 and pleaded guilty to one count of wire fraud Oct. 25, 2021. In addition to the imprisonment, Chief Judge Alia Moses ordered Cruz to pay $9,900 in restitution and a forfeiture of more than $271,000.
“This defendant falsely represented herself in order to take advantage of our country’s immigration procedures while putting at risk the lives of more than 95 migrants,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I am grateful for the diligent efforts of Homeland Security Investigations in uncovering Cruz’s extensive criminal conduct, and I assure you that my office stands ready to work with all our law enforcement partners to prosecute those who attempt to circumvent the law.”
“The message is clear — have no doubt. Individuals who impersonate a legal advocate to exploit others for their own personal gain, will be held accountable for their crimes,” said Special Agent in Charge Craig Larrabee for HSI San Antonio. “HSI is committed to bringing to justice human smugglers that prey on the vulnerable with no regard for the well-being of the people they smuggle.”
HSI investigated the case.
Assistant U.S. Attorney Joshua Banister prosecuted the case.
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Justice Department Secures Agreement with Upton County to Make Election Website Accessible to People with DisabilitiesRead the Press Release
AUSTIN, Texas – U.S. Attorney Jaime Esparza for the Western District of Texas announced today that the United States has reached a settlement agreement with Upton County to resolve findings that the county violated Title II of the Americans with Disabilities Act (ADA) by maintaining an election website that is not accessible to individuals with vision or manual disabilities.
The county’s election website provides essential information about how to vote, such as registration requirements, identification requirements, and voting information for people with disabilities. The website also links to other critical information, including details about voting early and on election day.
“The right to vote is a foundation of our democracy and must not be diminished or restricted,” said Esparza. “Election websites provide crucial voting information and should be accessible to voters with disabilities.”
Under the settlement agreement, Upton County agreed to make all future and existing online election content accessible to people with disabilities. The county also agreed to hire an independent auditor to evaluate the accessibility of content on its election website, solicit comments and requests from visitors and users of its website about any accessibility barriers, designate an employee to coordinate its accessibility efforts, revise its accessibility procedures, and train relevant personnel.
This agreement is part of the Department of Justice’s ADA Voting Initiative, which safeguards the voting rights of individuals with disabilities. To read more about the ADA and how it applies to voting, please visit www.ada.gov/topics/voting/. This settlement agreement is also part of the Department of Justice’s Tech Equity Initiative to combat disability discrimination that occurs through technology such as websites and mobile apps.
Assistant U.S. Attorney Liane Noble represented the government on behalf of the Western District of Texas during the resolution process, in coordination with partners in the Civil Rights Division and other U.S. Attorney’s Offices in Texas.
For more information about the ADA, visit www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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U.S. Attorney Jaime Esparza Recognizes World Elder Abuse Awareness DayRead the Press Release
SAN ANTONIO – U.S. Attorney Jaime Esparza for the Western District of Texas, joined national, state, local, and tribal leaders today in recognizing World Elder Abuse Awareness Day (WEAAD). Since 2006, WEAAD has been commemorated to promote awareness and increase understanding of the many forms of elder abuse as well as the resources available to those at risk.
Highlighting the partnership between law enforcement and the public, U.S. Attorney Esparza emphasized the importance of awareness and education.
“Elder abuse is a serious crime against some of our nation’s most vulnerable citizens and, with our law enforcement partners, my office is committed to preventing and prosecuting the most pressing elder justice issues facing older Americans. But we need your help to prevent elder abuse and neglect,” said U.S. Attorney Esparza. “Listen to older adults and their caregivers to understand their challenges and provide support. Look for unusual financial transactions like unexplained withdrawals, purchases of gold bars or cryptocurrency, or uncharacteristic efforts to wire large amounts of money. Report abuse or suspected abuse to local adult protective services, long-term care ombudsman, or the police. Together, we can combat all types of elder abuse in our communities.”
Elder abuse is an act that knowingly, intentionally, or negligently causes or creates a serious risk of harm to an older person by a family member, caregiver, or other person in a trust relationship. Such harm may be financial, physical, sexual, or psychological. The Justice Department maintains a variety of programs and initiatives to combat elder abuse.
The Transnational Elder Fraud Task Force marshals federal and state agencies working collaboratively to investigate and prosecute foreign-based schemes that target older Americans. In addition to aggressively investigating the individuals, organizations, and networks responsible for these crimes, this initiative provides the public with information to guard against both traditional scams, like tech support fraud, as well as trending schemes, such as romance scams.
Using one scam to perpetrate or conceal another, some fraudsters rely on money mules to move the proceeds of their illegal activity. Preying on the good will or financial vulnerability of their targets, scammers recruit people, many times older victims, to participate in schemes to move money in ways that avoid notice. The Money Mule Initiative identifies and addresses money mule activity to disrupt these fraud schemes and helps people to recognize and avoid participation in perpetuating fraud.
To help older individuals and their families identify and avoid fraudulent activity, the Justice Department provides Senior Scam Alerts with information about the tactics used in specific schemes. For example, in Social Security Administration Impostor schemes, scammers impersonate government administrators and falsely reporting suspicious activity to request that the victims provide their Social Security number for confirmation. In Tech Support scams, fraudsters contact victims, sometimes through internet pop-up messages, to warn about non-existent computer problems, ask that the victim give them remote access to their computer, and identify a non-existent problem, then demand large sums of money for unnecessary services. In Lottery scams, telemarketers falsely notify victims that they have won a sweepstakes and tell them they must first pay fees for shipping, insurance, customs duties, or taxes before they can claim their prizes.
To learn more about the department’s elder justice efforts please visit the Elder Justice Initiative page.
The Western District of Texas continues to work with federal, state, local, and tribal law enforcement partners to investigate and prosecute elder abuse crimes.
To report elder fraud, contact the dedicated National Elder Fraud Hotline at 1-833-FRAUD-11 or 1-833-372-8311 and visit the FBI’s IC3 Elder Fraud Complaint Center at IC3.gov.
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Killeen Couple Sentenced for Operating Fraudulent Rideshare Company for SoldiersRead the Press Release
WACO, Texas – A Killeen man and his wife were sentenced in a federal court in Waco for defrauding a Department of the Army transportation program by using the illegally obtained personally identifiable information (PII) of more than 800 soldiers.
According to court documents, Kevin Romulus Pelayo, 45, co-owned and operated a rideshare company, Soldiers Vanpools LLC, with his wife, Cristine Furio Fredericks, 40. The company claimed to shuttle military personnel to and from Fort Hood, now known as Fort Cavazos, from Jan. 1, 2014 through June 10, 2020. Soldiers Vanpools LLC was funded by the Department of the Army’s Mass Transportation Benefit Program (MTBP).
Pelayo and Fredericks submitted the names, social security numbers, and other identifying information of active duty soldiers to the MTBP on a monthly basis from 2014 to midway through 2020, falsely claiming that the soldiers were active participants in the rideshare program.
The couple also purchased vans, SUVs and other vehicles in order to convince the MTBP that they were operating a legitimate business and transporting the riders they claimed in their scheme. Additionally, the couple spent a large portion of the millions of dollars in funds they received on real estate, personal vehicles, and other property. In total, Pelayo and Fredericks purchased 43 vehicles, 129 luxury purses and jewelry items, and 12 real properties in Bell County and Coryell County.
Pelayo was sentenced to 36 months in prison for one count of conspiracy to commit wire fraud and two counts of engaging in monetary transactions in criminally derived property. Fredericks was sentenced to five years of probation for two counts engaging in monetary transactions in criminally derived property.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
IRS Criminal Investigation and the Department of the Army Criminal Investigation Division investigated the case.
Assistant U.S. Attorney Greg Gloff prosecuted the case.
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Texas U.S. Attorneys Announce “Operation Texas Kill Switch” Aimed at Machinegun Conversion DevicesRead the Press Release
SAN ANTONIO – Today, U.S. Attorneys for the Western, Northern, Southern, and Eastern Districts of Texas announced, “Operation Texas Kill Switch,” a statewide initiative targeting illegal machinegun conversion devices, colloquially known as “switches.”
At simultaneous press conferences throughout the state, U.S. Attorneys Jaime Esparza, Leigha Simonton, Alamdar Hamdani, and Damien Diggs, joined by Bureau of Alcohol, Tobacco, Firearms, & Explosives Special Agents in Charge Jeffrey Boshek and Michael Weddel, and ATF Assistant Special Agent in Charge Robert Topper, lambasted switches, which transform commercially available firearms into fully automatic weapons capable of firing faster than military-grade M4s.
“As U.S. Attorneys and federal law enforcement agents, our offices have been investigating and prosecuting switches for many years, but as the problem continues to escalate, we are determined to do more,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Operation Kill Switch has two main goals. We encourage state and local law enforcement to be on the lookout for machinegun conversion devices, and we urge the public to report switches to law enforcement.”
“Today’s important initiative is aimed at raising awareness of illegal machine gun conversation devices also known as ‘switches,’” said Special Agent in Charge Michael Weddel for ATF Houston. “Today’s threat comes from machinegun conversion devices that easily convert a firearm into a machinegun. These “Switches” as they are often called on the streets, not only pose a serious threat to those living in our communities but a unique and deadly threat to law enforcement. Simply possessing one of these devices is a federal crime and we will work endlessly in conjunction with our United States Attorney’s Office in addition to our local, state, and federal partners to identify and prosecute these crimes.”
About an inch long, switches may be made of metal or plastic and can be manufactured using a 3D printer. They generally slot into the butt of a gun and allow the shooter to fire “full auto,” unloading dozens of rounds with a single pull of the trigger. (In contrast, regular semi-automatic firearms require a separate trigger pull for each round fired.) To date, switches have been used in numerous fatal shootings, including at least one juvenile mass shooting and multiple police killings.
Except in very limited circumstances, possession of a switch is illegal, as the National Firearms Act classifies the switch itself as a machinegun.
Yet the number of switches recovered by law enforcement has risen dramatically in the past few years. Between 2017 and 2023, Texas-based ATF agents seized 991 switches; 490 of those, 50 percent, were seized just last year. They are often sold over social media, marketed to adults and juveniles alike.
At Monday’s press conference, the U.S. Attorneys announced that as part of Operation Texas Kill Switch, they are partnering with Crime Stopper programs statewide to combat the proliferation of these illegal devices.
From now until Aug. 31, local Crime Stopper programs will offer cash rewards for information leading to the apprehension or prosecution of those who possess switches or 3D printers being used to manufacture them. To be eligible for cash rewards, tipsters must provide information to their local Crime Stoppers program. Tipsters may also use **TIPS to be connected to a Crime Stoppers program in their area. Tips can be submitted 24 hours a day, and anonymity is guaranteed by law. Information may also be submitted directly to ATF at www.atf.gov/contact/atf-tips.
U.S. Attorneys Esparza, Simonton, Hamdani, and Diggs also urged local law enforcement to partner with the feds on switch cases, which carry maximum sentences of up to 10 years in the federal system. They laid out their case in a joint op-ed published Monday in the Austin American Statesman.
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San Antonio Man Sentenced to More Than 41 Years in Federal Prison for Sexually Exploiting a ChildRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in federal court to 502 months in prison followed by lifetime supervised release for producing and distributing child sexual abuse material.
According to court documents, Demetrio Ramirez, 34, produced and shared across social media 20 videos depicting himself and a prepubescent minor engaged in sexual conduct. The child sexual abuse material was identified on Feb. 15, 2023, through Operation Rescue Me, a joint operation by the FBI and the National Center for Missing and Exploited Children (NCMEC). Ramirez pleaded guilty without a plea agreement on Feb. 20 to one count of sexual exploitation of children and one count of distribution of child pornography. He was also ordered to forfeit his phone and any online accounts used to commit the offense. Restitution will be decided at a later date.
“Thanks to the vigilance of our FBI and the NCMEC, we were able to put an end to the repeated sexual abuse of a young child and lock up the offender for the next four decades,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Let us be clear. The sexual abuse and exploitation of children will not be tolerated. We will relentlessly pursue these cases and prosecute them to the full extent of the law.”
"Demetrio Ramirez preyed on children, one of the most vulnerable groups in our society, and this sentence ensures he can't hurt another child," said Special Agent in Charge Aaron Tapp for the FBI San Antonio Field Office. “We want to thank our partners at the NCMEC and DOJ, through their Project Safe Childhood, for their continued assistance in keeping our communities safe from predators.”
The FBI investigated the case.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Del Rio Man Sentenced to 8 Years in Prison for Possessing Child PornographyRead the Press Release
DEL RIO, Texas – A Del Rio man was sentenced in federal court to 97 months in prison for possession of child sexual abuse material (CSAM).
According to court documents, Henry P. Arredondo, 23, received and sent files depicting CSAM using his social media account in August 2021. Homeland Security Investigations agents conducted a forensic analysis of Arredondo’s cell phone, recovering 46 images depicting CSAM, including images of prepubescent male children. Arredondo was arrested Aug. 26, 2022. He pleaded guilty Nov. 21, 2022.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations investigated the case.
Assistant U.S. Attorney Rex Beasley prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Federal Jury Finds Belizean National Guilty of Illegal Re-Entry in Del RioRead the Press Release
DEL RIO, Texas – A federal jury convicted a Belizean national in a federal court in Del Rio for illegal re-entry into the United States.
According to court documents and evidence presented at trial, Francis Kerr aka Francis Deon Flowers, 51, of Belmopan, Belize, was arrested Aug. 22, 2023, near Eagle Pass. He was found to have been in the U.S. illegally, after being formally deported through Houston on or about Oct. 1, 2009.
Kerr had previously served a prison sentence of 17 years and four months after being convicted by a jury in Los Angeles, California for two counts of 2nd degree robbery, four counts of assault with a firearm, and one count of conspiracy to commit robbery.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
U.S. Customs and Immigration Services and the U.S. Border Patrol are investigating the case.
Assistant U.S. Attorneys Paul Markovits and Joshua Garland are prosecuting the case.
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San Antonio Man Sentenced to 16 Years in Prison for Robbing Pawn Shop and Selling Stolen Firearms OnlineRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in federal court to 192 months in prison for the armed robbery of a Federal Firearms Licensed pawn shop, as well as conspiring to traffic firearms stolen during the robbery.
According to court documents, Antonio Hinojosa Jr., 21, conspired with others over a social media chat to rob a San Antonio pawn shop. On May 18, 2023, the group, wearing gloves, masks, and dark clothing, robbed the pawn shop and threatened store employees by brandishing firearms. They succeeded in stealing 14 firearms and more than $8,600 worth of jewelry before fleeing in a getaway truck. After the robbery, Hinojosa posted photos of the stolen firearms on social media to advertise and sell them to his contacts.
Hinojosa was arrested June 26, 2023. He pleaded guilty March 7 to one count of conspiracy to commit Hobbs Act robbery, one count of brandishing a firearm during and in relation to a crime of violence, and one count of conspiracy to traffic firearms.
Co-defendant, Joshua Michael Govea, whose role in the robbery was to detain the store workers at gunpoint, pleaded guilty to the robbery conspiracy and brandishing charges. Govea was sentenced to 117 months last week. Two additional co-defendants, Cesar Alan Garcia and Sebastian Louis Xavier Suarez, are pending trial and remain in custody. As is customary in the judicial process, Garcia and Suarez are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Antonio Police Department investigated the case.
Assistant U.S. Attorney William Calve prosecuted the case.
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Dallas Man Sentenced for Role in Human Smuggling OrganizationRead the Press Release
SAN ANTONIO – A Dallas man was sentenced in a federal court in San Antonio to 84 months in prison for conspiracy to transport undocumented noncitizens.
According to court documents, Sedrick Zelitis Smith, 47, was a member of a human smuggling organization, coordinating transport of migrants who arrived in Laredo from Mexico, serving as the go-between for organization leadership and load drivers during smuggling events, and assisting in the theft and procurement of tractor trailers. On multiple occasions, Smith traveled between Dallas, San Antonio and Laredo to assist with smuggling loads. He also served as a driver for the organization, smuggling migrants from Laredo to San Antonio, using his commercial driver’s license.
Smith’s arrest was the result of an investigation led by Homeland Security Investigations beginning in May 2021. Agents learned that the human smuggling organization had smuggled more than 900 migrants from Laredo to San Antonio inside tractor trailers in at least 19 human smuggling events. The loads ranged from approximately 30 migrants to more than 100 packed into a single trailer.
Nine others have been indicted in the case. Bryan Adamson, Ronnie Joe Branch, Eliseo Loredo, Rodney Edward Shavers, Mark Algie Holliday, Francisco Arredondo-Colmenero, and Debbie Marie Gonzales await court proceedings.
Fredi Zagala-Servin was sentenced in April to 97 months in prison for Conspiracy to Transport Illegal Aliens.
Norman Lee Walker Jr. was arrested May 21.
“With the rise of human smuggling in recent years, it is absolutely critical that we send a message to criminals throughout all levels of these organizations that their crimes at the expense of vulnerable individuals are serious, they are dangerous, and we are here to readily prosecute,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I appreciate the dedication of our partners at HSI and our Joint Task Force Alpha initiative. Their efforts have been essential in taking down this HSO and many others. We’ll continue to dismantle these groups and serve justice together.”
“Justice was served for a human smuggler responsible for coordinating the transportation of hundreds of noncitizens from Laredo to San Antonio. These noncitizens were crammed into tractor trailers, during multiple smuggling events in the stifling Texas heat,” said Special Agent in Charge Craig Larrabee for HSI San Antonio. “HSI is committed to aggressively target human smugglers and smuggling organizations who continually victimize people for profit.”
HSI and JTFA investigated the case.
Assistant U.S. Attorney Amanda Brown prosecuted the case.
The indictments and convictions of these defendants are the result of the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of JTFA, which was established by Attorney General Merrick B. Garland created JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California. Dedicated support is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA, led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance, and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Office of International Affairs (OIA), and the Violent Crime and Racketeering Section JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 295 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 230 U.S. convictions; 170+ significant jail sentences imposed; and forfeitures of substantial assets.
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Mexican National to Serve 8 Years in Prison for Meth and Fentanyl TraffickingRead the Press Release
ALPINE, Texas – A Mexican national was sentenced in a federal court in Pecos to 97 months in prison for intent to distribute fentanyl and methamphetamine.
According to court documents, Sandra Araceli Diaz Vazquez, 37, of Chihuahua, Mexico, was suspected of delivering narcotics within the U.S. On Dec. 5, 2023, law enforcement officers conducted a traffic stop along Interstate 20 near Colorado City after observing Diaz Vazquez commit two moving violations. Diaz Vazquez consented to a vehicle search, which resulted in the discovery of approximately 20.2 kilograms of methamphetamine and 5.6 kilograms of fentanyl concealed within the fuel tank.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
HSI and the 32nd Judicial District Attorney’s Office investigated the case.
Assistant U.S. Attorneys Amy Greenbaum and Scott Greenbaum prosecuted the case.
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Former Marfa Substitute Teacher Gets 30 Years in Prison for Producing Child Sexual Abuse MaterialRead the Press Release
ALPINE, Texas – A Marfa woman was sentenced in a federal court in Alpine to 360 months in prison for production of child pornography.
According to court documents, investigators found that Sonya Conchita Murillo, 33, a former substitute teacher for the Marfa Independent School District, possessed child sexual abuse materials, including videos depicting Murillo sexually abusing a prepubescent child. Murillo was arrested June 7, 2023 and pleaded guilty to one count of production of child pornography in January.
Murillo’s former boyfriend, Patricio Javier Serrano, was sentenced in March to 97 months in prison for one count of possession of child pornography and one count of transportation of child pornography, aiding and abetting. Serrano had been charged in a separate indictment and pleaded guilty on Oct. 27, 2023.
“The fact that the judge delivered the maximum allowed 30-year imprisonment to this defendant for producing child pornography, is indicative of the utterly horrendous predatory acts Murillo committed,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I am very grateful to our federal, state, and local law enforcement partners for their work on this case. Rest assured, protecting the children in our communities is undoubtedly a top priority in this district, and child predators will be brought to justice.”
“Children trust their teachers and caretakers and Murillo betrayed that trust,” said Special Agent in Charge John Morales for FBI El Paso. “No child should ever have to question the motives of an adult they interact with at school or at home. A child should feel safe and not be subjected to sexual abuse. I want to thank the FBI Special Agents in our Alpine Resident Agency and our partners at Homeland Security Investigations, Marfa Police Department, and Texas Department of Public Safety who worked together to remove a child predator from our schools and neighborhoods.”
“Homeland Security Investigations aggressively pursues child predators, and cases involving people in positions of trust are particularly disturbing. In this case, the punishment is fitting of the crime," said Acting Special Agent in Charge Eric McLoughlin for HSI El Paso. “Today we are once again reminded of the need for constant vigilance—online and in our schools—to protect the most vulnerable among us."
The FBI, HSI, Texas Department of Public Safety, and Marfa Police Department investigated the case.
Assistant U.S. Attorneys Amy Greenbaum and Kevin Cayton prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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El Paso Man Arrested for Allegedly Failing to Pay Employment TaxesRead the Press Release
EL PASO, Texas – An El Paso man was arrested in El Paso on criminal charges related to his alleged failure to account for and pay trust fund taxes.
According to an indictment, Edward Dean La Puma, 57, founder and sole proprietor of a local business called 77 Stone, allegedly failed to truthfully account for and pay the trust fund taxes due to the IRS on behalf of his employees between March 2018 and January 2023.
La Puma is charged with 20 counts of failure to account for and pay over trust fund taxes. If convicted, he faces up to five years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Ramsey E. Covington for the IRS Criminal Investigation Houston Field Office made the announcement.
IRS CI is investigating the case.
Assistant U.S. Attorneys Micaela Glass and Chris Skillern are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Mexican Police Officer Pleads Guilty to Trafficking Meth into U.S.Read the Press Release
ALPINE, Texas – A Mexican national, formerly a Mexican police officer, pleaded guilty in a federal court in Alpine to possession with intent to distribute methamphetamine.
According to court documents, Cesar Alonzo Lopez Ruiz, 34, of Rosales, Mexico, attempted to enter the United States from Mexico at the Presidio Point of Entry. A search revealed 50 packages of methamphetamine hidden inside the gas tank of his vehicle. The total weight of the meth was approximately 27.8 kilograms.
Lopez Ruiz pleaded guilty to one count of possession with intent to distribute methamphetamine. He is scheduled to be sentenced on Aug. 26 and faces a penalty of 10 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations and Customs and Border Protection are investigating the case.
Assistant U.S. Attorneys Scott Greenbaum and Amy Greenbaum are prosecuting the case.
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El Paso Man Arrested for Firearm Trafficking, Dealing Without a LicenseRead the Press Release
EL PASO, Texas – An El Paso man was arrested in El Paso for alleged crimes related to trafficking and selling firearms without a license.
According to court documents, Jesse Garay, 26, allegedly purchased numerous firearms between Sept. 7, 2022 and March 24, 2023, answering on each Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 that he was “the actual transferee/buyer of the firearm(s) listed on this form.” Private messages obtained in a search warrant allegedly revealed that Garay sold the firearms to other individuals, including a minor. Additionally, at least three of the firearms purchased by Garay are alleged to have been recovered at either crime scenes or in Mexico.
Garay is charged with one count of trafficking in firearms, one count of dealing firearms without a license, and two counts of false statement during a firearm acquisition. If convicted, he faces a maximum penalty of 15 years in prison for the trafficking charge, five years for the dealing without a license charge, and 10 years for each false statement charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Jeffrey C. Boshek II for the ATF Dallas Field Division made the announcement.
ATF is investigating the case.
Assistant U.S. Attorney Mathew Engelbaum is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mexican National Sentenced to 10 Years in Federal Prison for Possessing Child PornographyRead the Press Release
DEL RIO, Texas – A Mexican national was sentenced in a federal court in Del Rio to 121 months in prison for access with intent to view child pornography.
According to court documents, Felipe De Jesus Solis-Rivera, 32, of Piedras Negras, Coahuila, Mexico was reported for taking photos of a man in the restroom of an Eagle Pass store on July 14, 2019. Solis-Rivera voluntarily allowed authorities to look at the contents of his phone. Eagle Pass Police discovered videos and photos depicting child sexual abuse material.
Solis-Rivera was arrested July 14, 2019 and transferred into federal custody July 23, 2019. He pleaded guilty July 10, 2021.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The HSI and Eagle Pass Police Department investigated the case.
Assistant U.S. Attorneys Sarah Spears, Rex Beasley and Antonio Franco Jr. prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorney Jaime Esparza Recognizes National Police WeekRead the Press Release
SAN ANTONIO – In honor of National Police Week, U.S. Attorney Jaime Esparza recognizes the service and sacrifice of federal, state, local, and tribal law enforcement. The week is observed Saturday, May 11 through Friday, May 17, 2024.
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
“As U.S. Attorney for the Western District of Texas, I am grateful to our federal, state, local and tribal law enforcement partners for their daily commitment to protecting our citizens and upholding the rule of law,” said Esparza. “We see in our communities across the United States each and every day, law enforcement officers place their lives on the line to prioritize the safety and security of our neighbors, our friends, and our loved ones.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
In the past year, two law enforcement officers lost their lives in the line of duty while serving in the Western District of Texas. Sergeant Joshua Clouse, a Cameron Police Officer and U.S. Army veteran, was fatally shot by a subject while executing a search warrant in Cameron, south of Waco in May 2023. In November, Austin Police Officer Jorge Pastore was killed, and another officer injured during a SWAT standoff with a violent assailant. Pastore had previously been an Emergency Medical Technician (EMT) in Parkland, Florida, and responded to the shooting at Marjory Stoneman Douglas High School in 2018. This week, we remember and honor their sacrifice along with the sacrifice of their families and of too many law enforcement officers before them. Every day, we must be grateful for the commitment of our law enforcement officers to protecting our citizenry, and for their selfless service to our communities.
On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a Candlelight Vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
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Colorado Man Arrested for Allegedly Distributing Fentanyl to Texas ResidentRead the Press Release
ALPINE, Texas – A Colorado man was arrested Saturday in Denver on criminal charges related to his alleged possession with intent to distribute fentanyl.
According to the indictment, Douglas Christopher Steele, 53, of Denver allegedly conspired with others to possess with the intent to distribute a controlled substance, which contained a detectable amount of fentanyl. The indictment alleges that Steele’s alleged fentanyl distribution resulted in the death of an Alpine resident.
Steele made his initial appearance Monday in a federal court in Denver. He is charged with one count of conspiracy to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. If convicted, he faces 20 years to life in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations and the Texas Department of Public Safety Criminal Investigation Division are investigating the case with assistance from the Alpine Police Department, Brewster County Sheriff’s Office, and the U.S. Postal Inspection Service.
Assistant U.S. Attorney Amy Greenbaum is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Solar Energy Company Agrees to Resolve False Claims Act Allegations Related to Paycheck Protection Program LoanRead the Press Release
AUSTIN – Freedom Solar LLC, a solar energy company that installs photovoltaic solar arrays for residential and commercial customers, has agreed to pay $425,710 to resolve allegations that it violated the False Claims Act in connection with a Paycheck Protection Program (PPP) loan.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized forgivable PPP loans for small businesses experiencing economic uncertainty during the COVID-19 pandemic. In most cases, the maximum amount a small business could receive was 2.5 times its average monthly payroll. For purposes of calculating payroll costs, the CARES Act excluded any compensation to an individual employee in excess of an annual salary of $100,000.
Freedom Solar applied for a PPP loan in April 2020. The United States alleged that Freedom Solar failed to cap the annual salary of several employees at $100,000 when calculating its average monthly payroll. As a result, Freedom Solar overstated this number on its PPP loan application, which caused it to receive more PPP funds than it was entitled to receive. Freedom Solar later obtained forgiveness for the full amount of its PPP loan.
The civil settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit is captioned United States ex rel. Mossburg v. Freedom Solar, LLC, et al., Case No. 1:23-cv-00908 (W.D. Tex.).
Assistant U.S. Attorney Thomas Parnham negotiated the settlement on behalf of the government.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Mexican National Found Guilty of Drug and Firearm ChargesRead the Press Release
EL PASO – A federal jury convicted a Mexican national of one count of conspiracy to possess with intent to distribute methamphetamine; one count of straw purchasing firearms; one count of trafficking in firearms; and one count of conspiracy to smuggle bulk cash.
According to court documents and evidence presented at trial, Rene Hernandez-Cordero, 52, of Ciudad Juarez was involved in an organization that smuggled firearms into the Republic of Mexico and methamphetamine into the United States.
In August 2023, Hernandez and co-defendant Jesus Gerardo Ramos, 53, of El Paso, met at a gas station in El Paso with the purpose of obtaining 20 AK-47 type firearms and two Barrett .50 caliber rifles which would have been smuggled to Mexico. Evidence produced at trial showed that this particular group smuggled hundreds of firearms from the United States into Mexico from August of 2022 to August of 2023.
Co-defendants Ramos and Brian Alexis Munoz-Castro, 21, of El Paso pled guilty to one count of trafficking in firearms. Munoz also pled guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
Hernandez and Munoz face up to 10 years to life in prison on the methamphetamine conspiracy charge. Hernandez, Munoz and Ramos face up to 15 years in prison for each of the firearm charges and Hernandez faces up to 10 years in prison for the cash smuggling charge. Munoz is scheduled for sentencing July 10 and Ramos is scheduled for sentencing July 17, 2024. Hernandez is scheduled for sentencing on August 8, 2024.
All defendants have remained in custody since their arrests in August 2023.
The firearms charges are new offenses under the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw purchasing of firearms. They also carry potential fines of up to $250,000.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi- jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
The specific mission of the OCDETF El Paso / Las Cruces Strike Force is to target drug trafficking organizations along the southwest border that dominate the illicit drug trade and who are largely responsible for the violence plaguing the border communities. The OCDETF Strike Force Enforcement Group is comprised of agents and officers from Drug Enforcement Administration, Federal Bureau of Investigation, Customs and Border Protection Office of Field Operations, Homeland Security Investigations, and the prosecution is being led by the Office of the United States Attorneys for the Western District of Texas in conjunction with an attorney from Customs and Border Protection Office of Chief Counsel.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Bureau of Alcohol Tobacco Firearms and Explosives (ATF) and the OCDETF El Paso/Las Cruces Strike Force Enforcement Group 3 investigated the case.
Assistant U.S. Attorney Kyle Myers and Special Assistant U. S. Attorney Shannon Holderfield from Customs and Border Protection Office of Chief Counsel are prosecuting the case.
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Kerrville Man Who Made Terrorist Threats Sentenced on Firearm ChargesRead the Press Release
SAN ANTONIO – A Kerrville man was sentenced yesterday to 60 months in prison for being a felon in possession of a firearm.
According to court documents, on May 27, 2021, Coleman Thomas Blevins, 31, sent a social media post stating, “I’m going to Walmart,” which was followed by a picture of Blevins holding a black assault-style rifle. Blevins then sent another message stating, “I have no problem spending the rest of my life in prison for Shootings (sic) up Walmart.” The next day officers executed a search warrant at Blevins’ apartment and found 556 rounds of ammunition. In addition, a black AR-15 .223 rifle with four magazines was found in a vehicle belonging to Blevins’ roommate. The rifle matched the rifle Blevins was holding in the picture he posted.
Subsequent investigation into Blevins’ social media activity revealed three other occasions where Blevins had recently posted pictures of himself holding firearms or ammunition. On November 28, 2023, Blevins pled guilty to one count of being a felon in possession of a firearm. Blevins was prohibited from possessing firearms and ammunition because he was previously convicted of a felony drug offense.
“Threats to carry out mass shootings are reprehensible,” said U.S. Attorney Jaime Esparza. “Thanks to the quick work of our law enforcement partners, this threat remained just that and did not turn into a tragic event. This case demonstrates our commitment to peel back the veneer of online anonymity and aggressively pursue and prosecute those who threaten harm to our community.”
“Blevins threatened to commit violent acts and had access to weapons that would have allowed him to carry out those threats,” said Special Agent in Charge Aaron Tapp of the FBI's San Antonio Field Office. “We want to thank Kerr County Sheriff's Office for their continued assistance in ensuring the safety of our citizens.”
The FBI, with assistance from the Kerr County Sheriff’s Office, investigated the case.
Assistant U.S. Attorneys Eric Fuchs and Kelly Stephenson prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Former Border Patrol Agent Sentenced on Bribery ChargesRead the Press Release
EL PASO – An El Paso man was sentenced today to 18 months in prison for bribery of public official.
According to court documents, in June 2023, Fernando Castillo, 42, who was a Border Patrol Agent with the United States Border Patrol (Customs and Border Protection), solicited a $5,000 bribe from a citizen of El Salvador and Mexico. Castillo told the foreign national that in exchange for a payment of $5,000 Castillo could provide immigration paperwork that would permit the individual to remain in the United States. Castillo made false entries in the individual’s immigration file and printed the fraudulent document. Shortly after he met with the individual, agents apprehended Castillo in possession of the false documentation.
On February 1, 2024, Castillo pled guilty to one count of bribery of a public official.
On May 9, 2024, Castillo was sentenced to 18 months in prison, one year of supervised release, and a $100 special assessment.
“A federal officer who sells his office for personal gain shatters public trust in government officials,” said U.S. Attorney Jaime Esparza. “Unfortunately, Castillo’s crime unfairly tarnishes the honest officers who serve the public with dedication day in and day out. We will eagerly hold officers like Castillo accountable.”
“Fernando Castillo engaged in conduct that betrayed the oath he took to faithfully serve the citizens of the United States of America,” said Special Agent in Charge John Morales of the FBI El Paso Field Office. “His behavior should not take away from the outstanding work done each day by the vast majority of law enforcement professionals at U.S. Border Patrol. The FBI encourages the public to continue to support our active and ongoing efforts to root out public corruption by reporting corrupt activity to the FBI El Paso Field Office at (915) 832-5000.”
“CBP takes all allegations of misconduct seriously,” said CBP OPR Acting Special Agent in Charge Rosa P. Mendez-Mier. “CBP’s Office of Professional Responsibility is proud to be a part of the Border Corruption Task Force and appreciates the hard work of all of the investigative agencies that contributed to this outcome.”
The FBI, Department of Homeland Security-Office of Inspector General, and United States Customs and Border Protection-Office of Professional Responsibility investigated the case.
Assistant U.S. Attorney John Johnston prosecuted the case.
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Indiana Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
SAN ANTONIO – An Indiana man was sentenced in a federal court in San Antonio to 360 months in prison and was ordered to pay restitution of $100,000 along with $10,000 under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 for one count of sexual exploitation of children.
According to court documents, Gerald Talman Brann, 43, of Valparaiso, shared images depicting a 10-year-old child in an online instant messaging service between Dec. 25, 2022 and Jan. 4, 2023. The images depicted the minor in various stages of undress and were sexual in nature. The images also depicted the child at various ages, beginning around the age of five or six.
Law enforcement agents seized numerous devices during an executed search warrant at the residence of Brann and his co-defendant Veronica Solis in Valparaiso. Cell phones contained images and videos depicting child sexual abuse material, some of which had been produced while the couple resided in the San Antonio area. Brann was arrested March 23, 2023 in New Jersey and has remained in custody. He pleaded guilty Nov. 28, 2023.
Solis is scheduled to be sentenced July 16. She pleaded guilty to one count of sexual exploitation of children Dec. 5, 2023 and faces 15 to 30 years in prison.
“The sexual abuse and exploitation of children is an absolutely horrific offense,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office continues to prioritize the most vulnerable victims in our society, and the court's sentence of the statutory maximum penalty is appropriate for offenders like Gerald Brann, who go to great lengths to wreak havoc on the lives of innocent children. I also thank our partners at the FBI San Antonio and FBI Indianapolis field offices for their collaboration to investigate this case with Indiana State Police.”
“This case is an excellent example of how the FBI works across field offices to bring predators to justice,” said Special Agent in Charge Aaron Tapp of the FBI's San Antonio Field Office. “We want to thank our colleagues at FBI Indianapolis and the Indiana State Police for helping to ensure that Gerald Brann is behind bars and unable to hurt another child.”
The FBI investigated the case with valuable assistance from the Indiana State Police.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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San Antonio Man Threatened Turning Point USA Conference, Sentenced to 5 Years in PrisonRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in federal court to 60 months in prison for making a credible public threat targeting a mass populated event in Florida.
According to court documents, Alejandro Richard Velasquez Gomez, 20, posted a message on his public social media profile threatening a “day of retribution” at the Turning Point USA-hosted conference Student Action Summit. Velasquez had a ticket to the event, as well as a flight booked from Austin to Tampa, Florida, where the SAS conference was being held from July 22 to July 24, 2022. The U.S. Secret Service and Tampa Police Department were notified of the threat, which led to Tampa PD obtaining a warrant for Velasquez Gomez’s arrest. He pleaded guilty May 16, 2023, to the federal charge of interstate threatening communication.
In addition to targeting the SAS conference, Velasquez stalked and harassed a young woman for many months prior, continuing to do so even in pre-trial detention. Velasquez also attempted to obstruct the FBI’s investigation, using a group of minor girls to help him by deleting information from his online accounts and contacting witnesses to hide evidence and influence testimony.
“This man used social media to broadcast the message that he intended to travel across the country and carry out a violent act at an event catering to young political activists,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Fortunately, his post was reported to officials who intervened, and this case can serve as a reminder to everyone that, at all levels of law enforcement, we take threats of violence very seriously. Those who violate these laws risk prosecution and imprisonment.”
“American citizens deserve to be able to gather without worrying about threats of violence,” said Special Agent in Charge Aaron Tapp for the FBI San Antonio Field Office. “We’re grateful for the people who reported his threats to authorities and encourage others to contact the authorities if they see similar threats.”
The FBI investigated the case.
Assistant U.S. Attorney Kelly Stephenson prosecuted the case.
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Federal Judge Finds CBP Officer Guilty of Using Excessive ForceRead the Press Release
EL PASO, Texas – A federal judge convicted a U.S. Customs and Border Protection (CBP) Officer for two counts of deprivation of rights under color of law and one count of the falsification of a document in a federal investigation.
According to court documents and evidence presented at trial, Miguel Angel Delgado Jr., 40, of El Paso, used excessive force in two incidents while he was on duty at the Bridge of Americas Port of Entry between October 2019 and June 2020. As a result of Delgado’s unlawful use of force, the victims suffered bodily injury. Following one of the incidents, Delgado submitted a CBP Incident Log Report, in which he falsely reported the occurrence.
Delgado faces up to 10 years in prison for each use of force incident and up to 20 years in prison for the falsification of a document charge.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Department of Homeland Security Office of Inspector General and the CBP Office of Professional Responsibility investigated the case.
Assistant U.S. Attorney Patricia Aguayo is prosecuting the case.
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Elara Caring Agrees to Pay $4.2 Million to Settle False Claims Act Allegations That It Billed Medicare for Ineligible Hospice PatientsRead the Press Release
Elara Caring, and its wholly owned subsidiaries JHH/CIMA Holdings Inc., CIMA Healthcare Management Inc., CIMA Hospice of Texarkana L.L.C., CIMA Hospice of East Texas L.L.C. and CIMA Hospice of El Paso L.P., have agreed to pay $4.2 million to resolve allegations that they violated the False Claims Act by knowingly submitting false claims and knowingly retaining overpayments for the care of hospice patients in Texas who were ineligible for the Medicare hospice benefit because they were not terminally ill.
“The hospice benefit under Medicare provides critical services to vulnerable patients,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to ensure that this benefit is used to assist those who need it, and not to line the pockets of those who seek to abuse it.”
The settlement resolves allegations that Elara Caring’s Texarkana, Texas, location, which previously operated as CIMA Hospice, knowingly submitted false claims for hospice services provided to patients who were ineligible for the hospice benefit because they were not terminally ill. The patients at issue in the settlement were at the Texarkana location between 2014 and 2019 and in 2020. The settlement also resolves allegations regarding two patients at other Texas locations between 2015 and 2021. The settlement further resolves allegations that Elara Caring knowingly and improperly concealed or avoided obligations to repay overpayments for these patients.
“I appreciate the Department of Health and Human Services for their assistance in this litigation and helping to protect victims of fraud,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Settlements like this hold offenders accountable and encourage anyone who suspects fraud involving the Medicare program to exercise their protected rights as whistleblowers.”
“Hospice care is intended to provide comfort and relief for the terminally ill and taking advantage of the system in order to make more money is intolerable,” said Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to pursue health care providers who jeopardize the integrity of hospice care by prioritizing illegitimate profit over medically necessary services.”
The civil settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the Government’s recovery. The qui tam lawsuit was filed by Aneko Jackson, a former Elara Caring employee, and is captioned United States ex rel. Jackson v. CIMA Healthcare Management, Inc., et al., Case No. 1:20-cv-00368 (W.D. Tex.). Ms. Jackson will receive $672,000 in connection with the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Western District of Texas and HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorneys Martha N. Glover, Kristen M. Murphy and William E. Olson of the Civil Division and Assistant U.S. Attorney Thomas A. Parnham Jr. for the Western District of Texas handled the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
SettlementGeorgetown Woman Found Guilty of Paycheck Protection Program FraudRead the Press Release
AUSTIN, Texas – A federal jury convicted a Georgetown woman for one count of conspiracy to commit bank fraud and one count of conspiracy to commit money laundering.
According to court documents and evidence presented at trial, Tiffany Fullerton, 47, along with her husband and two other co-conspirators, used dormant and expired business names to submit five fraudulent Paycheck Protection Program (PPP) loan applications for a total exceeding $3 million. Four of those applications were funded, allowing the defendants to receive approximately $2.4 million in PPP funds. The funds were used in an attempt to start a business in Oklahoma consisting of a marijuana grow and dispensary, a bar and grill, and an auto/boat repair shop. Additionally, the funds were used to purchase a motor home, luxury watches, a boat, and other personal expenditures.
The three other defendants in the case, Michael Fullerton, David Scott Starkes and Joseph Robles, have all pleaded guilty and await their sentencing hearings.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The IRS Criminal Investigation and the Treasury Inspector General for Tax Administration investigated the case.
Assistant U.S. Attorneys Keith Henneke and G. Karthik Srinivasan prosecuted the case.
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Hays County Fentanyl Dealer Sentenced to 10 Years in Federal PrisonRead the Press Release
AUSTIN, Texas – A San Marcos man was sentenced in a federal court in Austin to 120 months in prison for possession with intent to distribute fentanyl.
According to court documents, Colten Romeo Thayer, 20, was arrested during a traffic stop on Aug. 29, 2022. During a search of his vehicle, Hays County Sheriff’s deputies found a bag containing 11 grams of fentanyl. Thayer had been purchasing fentanyl pills from other dealers in and around Hays County for personal use and for the purpose of selling. Thayer pleaded guilty Dec. 21, 2023.
Co-defendant Anthony Perez Rios pleaded guilty to one count of possession with intent to distribute 40 grams or more of a mixture or substance containing fentanyl. He remains in federal custody, scheduled to be sentenced May 23.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Drug Enforcement Administration and San Marcos Police Department investigated the case.
Assistant U.S. Attorney Gabriel Cohen prosecuted the case.
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Mexican National Sentenced to 10 Years in Prison for Trafficking Meth, FentanylRead the Press Release
ALPINE, Texas – A Mexican national was sentenced in a federal court in Alpine to 120 months in prison for possession with intent to distribute fentanyl and methamphetamine.
According to court documents, Marcos Kenedy Ledezma Campos, 35, attempted to enter the Presidio Port of Entry when, during inspection, agents extracted 69 bundles from the gas tank of his vehicle. Further analysis revealed the bundles contained approximately 2.4 kilograms of fentanyl pills and 33.8 kilograms of methamphetamine. Ledezma Campos was taken into custody. He pleaded guilty to the charge on Jan. 24.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
HSI investigated the case.
Assistant U.S. Attorney Amy Greenbaum prosecuted the case.
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Man Who Claimed to be Delta Force Veteran Found Guilty of FraudRead the Press Release
AUSTIN, Texas – A federal jury convicted a Manor man for four counts of wire fraud and one count of money laundering.
According to court documents and evidence presented at trial, between April 2021 and July 2023, Saint Jovite Youngblood, aka Kota Youngblood, 52, committed wire fraud against his victims by claiming Mexican drug cartel members were planning to commit violence against them. Youngblood falsely claimed to have been part of the U.S. Army’s Delta Force special operations unit and offered protection to his victims from the cartels in exchange for money. Youngblood also represented that funds obtained from his victim “investors” would be paid back with a significant return on the money. Instead, Youngblood allegedly used most of the money on junkets to Las Vegas to gamble in casinos.
Youngblood was arrested July 31, 2023. He now awaits a date to be sentenced before U.S. District Judge Robert Pitman, facing up to 20 years in prison for each of the four wire fraud counts and up to 10 years for the money laundering count.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The FBI investigated the case.
Assistant U.S. Attorneys Daniel D. Guess and Matt Harding prosecuted the case.
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El Paso Man Sentenced to over 21 Years for Deadly Kidnapping in El PasoRead the Press Release
EL PASO, Texas – An El Paso man was sentenced today to 262 months in prison for kidnapping resulting in death.
According to court documents, Armando Leonardo Moreno aka Cholo, 21, served as a soldier in a transnational criminal organization (TCO) and conspired with other TCO members on or around Sept. 13, 2021, to kidnap a subject from an El Paso stash house. The kidnappers drove the subject to another address, dragged him out of the vehicle and beat him in the front yard of the home before taking him inside and beating him further. On Sept. 16, 2021, the subject was found deceased in Las Cruces, New Mexico, with multiple gunshot and stab wounds.
Codefendants Michelle Karen Avila, Ruben Pimentel and Ricardo Matthew Gutierrez were previously sentenced. Avila was sentenced to 60 months in prison, Pimentel was sentenced to 108 months, and Gutierrez received a 135-month sentence. A fourth defendant, Alberto Rodriguez, remains in federal custody and is scheduled to be sentenced May 1.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
Homeland Security Investigations, the El Paso Police Department, the New Mexico State Police, and the Texas Department of Public Safety investigated the case.
Assistant U.S. Attorneys Sarah Valenzuela and Ian Hanna prosecuted the case.
The indictments and convictions of these defendants are the result of the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of JTFA, which was established by Attorney General Merrick B. Garland created JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California. Dedicated support is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA, led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance, and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Office of International Affairs (OIA), and the Violent Crime and Racketeering Section JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 295 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 230 U.S. convictions; 170+ significant jail sentences imposed; and forfeitures of substantial assets.
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Mexican National Sentenced to 12 Years in Prison for Smuggling Meth into the United StatesRead the Press Release
DEL RIO, Texas – A Mexican national was sentenced in a federal court in Del Rio to 144 months in prison with credit for time served for one count of conspiracy to import more than 500 grams of methamphetamine.
According to court documents, Sixto Margarito Riojas-Menchaca, 42, and codefendant Marcelo Fabian Rodriguez-Suarez were referred to a secondary inspection as they entered the Eagle Pass Port of Entry. The Customs and Border Protection officer (CPBO) noticed two fire extinguishers under the back seat of the vehicle. The CBPO had seen the same Mexican brand fire extinguisher in prior seizures. A K-9 gave a positive alert to the back seat of the vehicle on the driver’s side. Inside the fire extinguishers office several vacuum-sealed bags and packages containing a white crystal like substance. The substances tested positive for 4.54 kilograms of heroin and 7.88 kilograms of methamphetamine. The two men were taken into federal custody and charged with four counts related to the importation of heroin and methamphetamine.
Riojas-Menchaca pleaded guilty to one count of conspiracy to import more than 500 grams of methamphetamine in April 2022. Rodriguez-Suarez pleaded guilty in January 2023 and currently awaits sentencing, scheduled for Oct. 28.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations and CBP investigated the case.
Assistant U.S. Attorney Timothy Markovits prosecuted the case.
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Justice Department Secures Agreement with Texas Education Agency to Ensure Testing Accommodations for People with DyslexiaRead the Press Release
AUSTIN, Texas – The United States has reached a settlement with the Texas Education Agency (TEA), a state agency responsible for certifying teachers to teach in classrooms across the state of Texas, to resolve alleged violations of Title II of the Americans with Disabilities Act (ADA) in the administration of the Science of Teaching Reading (STR) examination, a standardized examination required for the issuance of certain teacher certification fields in Texas.
The Department of Justice received an ADA complaint alleging that an individual with dyslexia and dysgraphia was denied oral administration as an alternative testing arrangement for the STR examination. The complaint prompted an investigation by the U.S. Attorney’s Office for the Western District of Texas. The ADA prohibits public entities from administering a licensing program in a manner that subjects individuals with disabilities to discrimination because of those disabilities.
Under the settlement agreement, the TEA agrees that it will allow a qualified reader or text-to-speech technology as an alternative testing arrangement for the STR examination for testing candidates who otherwise establish through appropriate documentation that such modifications are appropriate, including for individuals who are diagnosed with dyslexia. Additionally, to resolve the complaint, the TEA will provide the requested modifications to the complainant when they take the STR examination.
“Preparing for professional certification examinations is a stressful time for anyone, let alone people with disabilities who may also worry that their requests for alternative testing arrangements may be rejected,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “People with dyslexia should not be denied the testing accommodations they deserve. The ADA requires such modifications to ensure that people with disabilities are not being graded on their disabilities, and unfairly denied access to their chosen professions.”
Assistant U.S. Attorney David Goode represented the government during the resolution process. For more information about the ADA, visit www.ada.gov, or call the Department of Justice’s tollfree information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Del Rio Gang Member Sentenced to 10 Years in Prison for Firearm Theft that Led to 2019 MurderRead the Press Release
DEL RIO, Texas – A Del Rio man was sentenced in a federal court in Del Rio to 120 months in prison for possession of a stolen firearm.
According to court documents, Jaime Rivera, 49, burglarized a U.S Border Patrol agent’s home in April 2019, and stole nine firearms. Rivera and a codefendant, Manuel Angel Lomas aka Emanuel Lomas, sold several of the firearms, one of which was used by codefendant Robert Evans Jr. to murder Amanda Riojas. The weapon was disposed of and recovered in the San Felipe Creek.
“Jaime Rivera sold several firearms that he had stolen from a federal agent, which ultimately played a part in the murder of a 26-year-old Del Rio woman,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I thank our partners at Homeland Security Investigations for their investigative work in this case, and the Val Verde County Sheriff’s Office for their vital collaboration that led to these arrests and successful prosecutions.”
“This sentence represents another important stride in the tireless work by HSI and its law enforcement partners to target and ultimately dismantle the transnational street gangs that are spreading crime and violence throughout our communities," said Special Agent in Charge Craig Larrabee for HSI San Antonio. “Our efforts to combat this threat are still very much ongoing. To gang members who are still out there committing crimes, HSI sends a clear message: ‘The long arm of the law will reach you, and you too will face the consequences of your egregious behavior.”
Evans Jr. and Lomas were indicted alongside Rivera in 2019. On Sept. 14, 2022, Evans Jr. was sentenced to 120 months in prison with credit for time served. Lomas remains in federal custody and is scheduled to be sentenced July 26. In 2022, Evans Jr. was also sentenced in state court to serve 45 years in state prison, which he’ll serve after his federal imprisonment.
HSI led investigation with valuable assistance from the Val Verde County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Josh Garland and Rex Beasley prosecuted the case.
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Two San Antonians Sentenced to 18 and 15 Years in Federal Prison for Meth TraffickingRead the Press Release
DEL RIO, Texas – A San Antonio man was sentenced in a federal court in Del Rio to 216 months in prison for trafficking methamphetamine into the U.S. from Mexico.
According to court documents, Miguel Bazan, 39, was encountered by U.S. Border Patrol agents at the Eagle Pass Border Patrol Station on Oct. 14, 2019. Agents referred the vehicle to secondary inspection and discovered 64.671 kilograms of methamphetamine hidden in after-market compartments built into the vehicle.
Bazan pleaded guilty on June 14, 2021, to conspiracy to possess methamphetamine with the intent to distribute. Codefendant Melanie Mendoza Garza, who was in the vehicle with Bazan, pleaded guilty on March 22, 2021, to the same charge. She was sentenced on June 8, 2023, to 188 months in federal prison.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations and the USBP investigated the case.
Assistant U.S. Attorney Katy Garner prosecuted the case.
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San Antonio Man Pleads Guilty to Distributing Lethal Doses of Meth and FentanylRead the Press Release
SAN ANTONIO – A San Antonio man pleaded guilty in a federal court in San Antonio to three fatal and one non-fatal overdoses.
According to court documents, Mark Elliot Stool, 67, supplied substances containing combinations of methamphetamine and fentanyl, and methamphetamine and heroin, to four individuals between August 2021 and March 2022. He was arrested following a traffic stop in June 2022 and found to be in possession of a substance that tested positive for both methamphetamine and fentanyl.
Stool pleaded guilty to three counts of distribution of a controlled substance resulting in death and one count of distribution of a controlled substance resulting in serious bodily injury. He is scheduled to be sentenced on July 17 and faces 20 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Drug Enforcement Administration, University of Texas at San Antonio Police Department, San Antonio Police Department, Bexar County Sheriff’s Office, Castle Hills Police Department are investigating the case.
Assistant U.S. Attorneys Amy Hail and William Calve are prosecuting the case.
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