Western District of Texas

EL PASO – An El Paso man was sentenced Tuesday to 12 years in prison and a lifetime of supervised release for charges related to receipt and possession of child pornography.

According to court documents, Peter Sebastian Felix, 29, had been exchanging sexually explicit images with a minor.  Felix was in a rock band and used his popularity to gain the trust of underage girls.  Homeland Security Investigations agents discovered a USB drive containing several video files of the minor engaging in sexual acts.  Agents also searched an external hard drive, revealing approximately 50 files containing suspected child sexual exploitation material, one of the files depicting a minor between eight and 10 years old.

Felix pleaded guilty in June 2022 to one count of receipt and distribution of child pornography and one count of possession of prepubescent child pornography.  A restitution hearing is scheduled for March.

“Protecting children, who are among the most vulnerable victims in this country, will always be a priority,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “We and our partners are always here to identify these predators, put an end to their harmful behavior, and bring them to justice.”

“Justice has been served.  However, no sentence is lengthy enough to penalize predators for the lifetime of pain and suffering the innocent children whom they’ve victimized will suffer,” said Special Agent in Charge Francisco B. Burrola of the HSI El Paso Division.  “HSI continues to work tirelessly with our law enforcement partners to investigate, arrest and prosecute child predators in our shared mission to protect children and prosecute perpetrators whose behavior has no place in our society.”

HSI investigated the case.

Assistant U.S. Attorney Sarah Valenzuela 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, Texas – A Del Rio man was sentenced Monday to 220 months in prison for receipt and distribution of child pornography.

According to court documents, Oscar Barrera Jr., 29, mentored at-risk teens, worked as a tutor in the Del Rio school system and served as a youth counselor at church retreats.  On June 17, 2021, Homeland Security Investigations (HSI) special agents conducted a search warrant on Barrera’s residence and confiscated his cell phone, which had more than 1,100 images and nearly 700 videos of child sexual abuse material.

“It’s unsettling when you learn that someone working so closely with our children and in our communities can possess such predatory tendencies,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Thanks to our federal agency partners like Homeland Security Investigations, we are able to ensure these sexual abusers can no longer prey on our children.”

“The heavy sentence imposed on Mr. Barrera sends a clear message that there are serious consequences for those who exploit children in any way,” said Acting Special Agent in Charge Craig Larrabee of the HSI San Antonio Division. “HSI agents make it a top priority to protect children from victimization by working to investigate predators involved with the production, distribution and possession of child sexual abuse material and ensure they are held accountable for their heinous actions. HSI will continue to dedicate our resources to identify these individuals and bring them to justice.”

On April 4, 2022, Barrera pleaded guilty to one count of distribution of child pornography and one count of receipt of child pornography. 

HSI investigated the case.

Assistant U.S. Attorneys Rex Beasley and Tyler Fleming 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 – A San Antonio man was sentenced last week to serve 20 years in prison and pay $100,000 in restitution for the sexual exploitation of children.

According to court documents, Tanner Real, 22, extorted 10 minor victims into producing sexually explicit material for him.  In addition to his prison sentence, Real was sentenced to 20 years of supervised release. 

“The sexual exploitation of children is a horrendous crime,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Our office, along with our law enforcement partners, will continue to do everything in our power to obtain justice for these victims.”

“Every day, all across this country and here in our region, the FBI and our law enforcement partners are working tirelessly to rescue vulnerable children from the criminals who are engaged in these terrible crimes,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division. “Thankfully, with this sentencing, this individual will now be behind bars for a very long time.”

The Boerne Police Department investigated the case with the assistance of the FBI.

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 – A San Antonio man was sentenced Thursday to 160 months in prison for the receipt of child sexual abuse material.

According to court documents, Dustin Kotara, 42, participated in a messaging group dedicated to child abuse and exploitation.  Through the phone app, Kotara sent child sexual abuse material to an undercover agent.  In addition to his 13-year prison sentence, Kotara received 25 years of supervised release and was ordered to pay a total of $45,000 in restitution to nine child victims.

“Individuals who traffic child pornography further victimize those children by enabling the production of child sexual abuse material,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “This results in the direct abuse of children. Our office will continue to identify and prosecute those who prey on the most vulnerable members of our society.”

“This is a horrible crime, and our agents and law enforcement partners are working to prevent these types of crimes every single day,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division.  “The FBI will remain vigilant in our efforts to rescue children from those who seek to exploit or prey upon them.”

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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MIDLAND, Texas – An Odessa man was sentenced yesterday to 151 months in prison for distributing fentanyl.

In late 2021, agents with the Drug Enforcement Administration (DEA) received information that Jesus Arevalo, 44, received and distributed kilograms of cocaine and fentanyl in the Midland – Odessa region.  The DEA and FBI consequently opened a joint investigation through which undercover agents made multiple purchases of blue M30 pills containing fentanyl from Arevalo. 

While executing a search warrant of Arevalo’s residence in July 2022, investigators seized approximately 517 grams of M30 pills containing fentanyl, a loaded handgun and a large amount of U.S. currency.  Further investigation revealed that Arevalo had received and distributed at least 2,000 M30 pills containing fentanyl each month in the six months leading up to the search, totaling at least 12,000 fentanyl-laced M30 pills.

Arevalo pleaded guilty on September 27, 2022 to one count of possession with intent to distribute 400 grams or more of a mixture and substance containing fentanyl. He has been in federal custody since his arrest on July 28, 2022.

“Fentanyl has continued to kill too many people for far too long,” said U.S. Attorney Jaime Esparza. “It is a priority for our office to bring fentanyl traffickers to justice, disrupt their operations, and save lives.”

“Fentanyl continues to flood the United States at an alarming rate and our West Texas communities are not immune from its devastation,” said Special Agent in Charge Jeffrey R. Downey of the FBI El Paso Field Office.  “This case demonstrates our commitment to address the dangerous trafficking of fentanyl. We will continue to work with our partners at the DEA and state and local law enforcement partners to interdict the distribution of fentanyl wherever it may occur and bring to justice those who are fueling the epidemic.”

In 2022, the DEA seized more than 50.6 million fake pills often laced with fentanyl, more than double the amount of fentanyl pills seized in 2021.

“The dealers distributing illicit fentanyl do not care if they drive addiction or indiscriminately poison Americans,” said Special Agent in Charge Greg Millard of the DEA El Paso Field Office. “Their business model is expansion at all costs. But we know who they are, and we will relentlessly go after them.”

The FBI and DEA investigated the case.

Assistant U.S. Attorney Joe Mahoney prosecuted the case with Assistant U.S. Attorney Mark Tindall handling the forfeiture component.

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DEL RIO, Texas – The final two in a group of 10 defendants indicted on human smuggling charges pleaded guilty last week.

Lauren Michelle Malmquist, aka “Mama” and “Lala,” 33, of Round Rock and Eduardo Rivera Benitez, aka “Lalo” and “Casper,” 24, of Bastrop pleaded guilty to illegal alien transportation resulting in death.  Malmquist and Benitez were participants in a human smuggling organization arrested on March 15, 2021 near Del Rio.

Five additional defendants pleaded guilty earlier this year to one count of illegal alien transportation resulting in death: Sebastian Tovar, 26, of Toledo, Ohio; Nicolas Mondragon-Gonzalez, aka “Chayo” and “Flaco,” 34, of Austin; Veronica Torres-Mendez, 35, of Austin; Jennifer Oralia Davis, aka “Paypa,” 41, of San Antonio; and Ruben Junior Rodriguez-Jaimes, 20, of Bastrop.  These defendants, along with Malmquist and Benitez, each face a maximum penalty of life in prison.

The remaining three defendants pleaded guilty to one count of conspiracy to transport aliens: Marco Antonio Hernandez, aka “Temo,” 20, of Paige; Jose Eli Rodriguez, 22, of Austin; and Rogelio Manuel Luna, 34, of Austin.  They each face a maximum penalty of 10 years in prison.

According to court documents, Tovar was driving a Dodge Ram near Del Rio when a Texas Department of Public Safety (DPS) trooper attempted to stop the vehicle.  Tovar tried to evade law enforcement but crashed into oncoming traffic.  Eight undocumented noncitizen passengers in Tovar’s truck died in the crash, while one more was seriously injured.  Additionally, two U.S. citizens were seriously injured in the head-on collision when Tovar struck their vehicle.

Following the crash, U.S. Border Patrol (USBP) agents encountered a Ford F-150 stopped in traffic near the crash site.  The agents directed the driver of the Ford to turn around and subsequently all its occupants fled on foot into nearby brush.  USBP agents were able to locate 12 undocumented noncitizens who bolted from the Ford.  After interviewing two of the undocumented noncitizens, USBP agents determined that the occupants of the Dodge and Ford were part of a human smuggling operation that was illegally transporting 20 undocumented noncitizens in the U.S.

All 10 defendants currently await their next court dates for their respective sentencing hearings.  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 Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division made the announcement.

HSI, USBP and DPS are investigating the case.

Assistant U.S. Attorney Joshua Banister is prosecuting the case.

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DEL RIO, Texas – A licensed primary care physician along with three members of his clinical staff and his office manager were sentenced Thursday for unlawful distribution of controlled substances and Medicaid fraud.

According to court documents, Dr. Alfonso Luevano, 53, of Carrizo Springs prescribed large amounts of controlled substances, primarily Schedule II opioids, on a regular basis with little or no medical examination.  He also directed mid-level practitioners to provide patients with prescriptions using prescription pads that he had pre-signed.  According to data from the Texas prescription management program, Luevano and his mid-level practitioners issued at least 20,000 controlled substance prescriptions between March 2016 and March 2018.  Hydrocodone alone comprised at least 50 percent of the prescriptions.  The investigation also revealed several instances of Luevano prescribing patients a potentially lethal combination of an opioid, a benzodiazepine and a muscle relaxer.  These illegal prescriptions resulted in multiple patient overdoses, at least two of which were fatal.

Dr. Luevano was sentenced to 121 months in prison followed by three years of supervised release and a $10,000 fine.  He also agreed to forfeit his Texas medical license and to sell his medical office building to pay the restitution and fine. 

Nurse practitioners Sara Barker, 47, and Rafael Santana, 49, along with licensed physician’s assistant Richard Marquez, 62, were also sentenced.  Each had previously pleaded guilty to facilitating the unlawful prescriptions by seeing patients and then directing that the pre-signed prescription pads be filled out with controlled substances.  Barker was sentenced to 18 months in prison; Santana received a one-year sentence; and Marquez received two years.  Each will also pay a $5,000 fine.

In addition, office manager Ofelia Martinez, 53, was sentenced on a single count of conspiracy to commit health care fraud.  In her plea agreement, Martinez admitted that she had overbilled the Texas Medicaid program for the appointments conducted by the mid-level practitioner defendants by billing them as if Dr. Luevano had personally performed the appointment.  Martinez was sentenced to 30 months in prison and ordered to pay $127,421 in restitution to the Medicaid program.  Dr. Luevano also agreed in his plea to be jointly and severally liable for that same amount. 

“The rampant and unchecked distribution of unnecessary opioid prescriptions by medical practitioners throughout the country has caused an untold amount of harm over the years,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Not only did the defendants here cause hundreds of thousands of pills to be distributed into a vulnerable community, but they also charged the cost to federal insurance plans. As shown by this case, the Justice Department continues to take the issue seriously and will pursue criminal action against medical professionals where warranted.”

“Luevano’s excessive prescribing of opioids, often times without the benefit of a medical examination, had a total disregard to patient safety and the law,” said Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration’s Houston Division.  “In just one year, Luevano illegally prescribed thousands of opioids in our communities. Relentless efforts by our Diversion investigators, Special Agents and prosecutors ended Luevano’s greed that has contributed to the ongoing opioid epidemic.  DEA will continue to bring to justice those who misuse their prescribing authority for personal gains.”

The DEA’s Drug Diversion Control Division and the Texas Attorney General’s Medicaid Fraud Control Unit investigated the case.

Assistant U.S. Attorneys Justin Chung and Joshua Banister prosecuted this case with AUSA Antonio Franco handling the forfeiture component. 

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SAN ANTONIO – A group of felons were indicted Thursday, charged with burglarizing numerous Ford pickup trucks and stealing firearms and other items.

According to court documents, Alejandro Arias, 24; Andrew Riojas, 24; Victor Valenciana, 28, Aureliano Villarreal, 26; and Richard Hernandez, 24, all from San Antonio, were part of a burglary crew that targeted Ford pickup trucks between July 2021 and January 2022.  The group allegedly targeted Ford pickup trucks parked in high-traffic areas such as the parking lots of retail locations, malls and restaurants, stealing firearms and other high-value items, and occasionally stealing the trucks themselves.  The indictment alleges that, to evade law enforcement detection, the defendants rented vehicles, applied stolen license plates to them, and traveled to the burglary locations.  All five defendants are now in custody.

Each are charged with multiple counts, including conspiracy to receive and possess stolen firearms, felon in possession of a firearm, and possession of a stolen firearm.  The defendants have each made their initial court appearances and await trial, currently scheduled for January 2023. If convicted, they each face a maximum penalty of five years in prison on the conspiracy to possess stolen firearms count and a maximum penalty of 10 years on the remaining counts. 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 Fred J. Milanowski of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Houston Field Division made the announcement.

The ATF, Department of Homeland Security Investigations, and San Antonio Police Department are investigating the case.

Assistant U.S. Attorney Brian Nowinski 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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DEL RIO, Texas – A federal grand jury in Del Rio returned an indictment last week charging a Mexican national with conspiring and attempting to smuggle firearms and ammunition into Mexico from the United States.

According to court documents, Jose Jesus Hernandez-Valle, 54, conspired with others to smuggle a 9mm pistol, a .40 caliber pistol, and more than 200 rounds of ammunition and other related firearm accessories into Mexico.  The firearms were discovered and seized by Border Patrol Agents at the Del Rio International Port of Entry on Nov. 2.

Hernandez-Valle is charged with one count of conspiracy to smuggle goods from the U.S. and one count of smuggling goods from the U.S.  The defendant is scheduled to make his initial court appearance Dec. 29 before U.S. Magistrate Judge Collis White of the U.S. District Court for the Western District of Texas.  If convicted, he faces a maximum penalty of five years in prison on the conspiracy count and 10 years in prison for the smuggling goods 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 Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division made the announcement.

HSI and the U.S. Border Patrol are investigating the case.

Assistant U.S. Attorneys Zachary Bird and Alex Brown 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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DEL RIO, Texas – A federal grand jury in Del Rio returned an indictment last week charging a Mexican national with smuggling goods from the United States and possessing a firearm.

On Dec. 4, 2022, U.S. Customs and Border Protection (CBP) Officers encountered Santos Lozano-Martinez, 36, at the Camino Real International Bridge Number Two in Eagle Pass.  During the inspection of Lozano-Martinez’s vehicle, a firearm and ammunition were discovered.  Lozano-Martinez is accused of illegally possessing and smuggling from the U.S. into Mexico an Anderson AM-15 rifle, 20 rounds of 30.06 caliber Winchester ammunition, 50 rounds of .45 caliber Winchester ammunition and 131 rounds of .223 caliber Remington ammunition.  

Lozano-Martinez is charged with one count of smuggling goods from the United States and one count of being an alien in possession of a firearm.  The defendant is scheduled for his initial court appearance on Dec. 29 before U.S. Magistrate Judge Collis White of the U.S. District Court for the Western District of Texas.  If convicted, he faces a maximum penalty of 10 years in prison on the count of smuggling goods from the U.S. and up to 15 years of imprisonment on the count of alien in possession of a firearm.  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; Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division; and Special Agent in Charge Jeffrey C. Boshek II of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Dallas Division, made the announcement.

HSI, CBP and ATF are investigating the case.

Assistant U.S. Attorneys Zachary Bird and Alex Brown 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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DEL RIO, Texas – A federal grand jury in Del Rio returned an indictment last week charging a Florida man with smuggling firearms into Mexico.

According to court documents, Ivan Sanchez-Jorge, 39, of Clearwater was selected for vehicle inspection by Customs and Border Protection officers (CBPOs) at Eagle Pass on Dec. 3, 2022 and gave multiple negative declarations for weapons, ammunition and currency in excess of $10,000.  Upon inspection, CBPOs found and seized a .380 caliber pistol and two 12-gauge shotguns.

Sanchez-Jorge is charged with one count of smuggling goods from the U.S. The defendant is scheduled to make his initial court appearance Dec. 29, 2022 before U.S. Magistrate Judge Collis White of the U.S. District Court for the Western District of Texas.  If convicted, he faces a maximum penalty of 10 years 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 and Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division made the announcement.

HSI and the U.S. Customs and Border Protection are investigating the case.

Assistant U.S. Attorney Alexander Brown 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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SAN ANTONIO – A San Antonio man was sentenced Thursday to 190 months in prison for conspiring to kidnap and transport an undocumented noncitizen.

According to court documents, Rosalio Cano Jr., 22, transported an undocumented noncitizen to multiple locations in or around San Antonio over a five-day period.  During this time, co-conspirators were in contact with the now-kidnapping victim’s family and repeatedly raised demands for payment.  During the investigation, Cano fled from federal agents.  He was located and arrested by the U.S. Marshal’s Service on Oct. 14, 2021.

“This is just one example of what dangerous turns illegal border crossing can take—from illegal entry to kidnapping and extortion,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “I appreciate the dedication to this investigation by our agency partners, and this nearly 16-year federal sentence serves as a reminder of how seriously we take these cases.”

“The actions of this defendant highlight the dangers of human smuggling and the risks law enforcement face while carrying out their duties. Cano schemed to kidnap and extort migrants for personal profit and when confronted by law enforcement, he displayed callous disregard for human life by firing shots at pursuing agents in his attempt to elude capture,” said Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division.  “This sentence sends a clear message to those who exploit people for profit, HSI and our law enforcement partners will remain relentless in bringing justice to criminals who endanger the lives of migrants, our brave law enforcement officers, and the people in our communities.”

“The tactical apprehension and arrest without incident of Rosalio Cano Jr. clearly showed the importance and effectiveness of law enforcement agencies working together,” said U.S. Marshal Susan Pamerleau.  “The diligent and collaborative efforts of the U.S. Marshals Service Lone Star Fugitive Task Force and the San Antonio Division of Homeland Security Investigations made certain to take another human trafficker off the streets and for justice to be served.” 

HSI and the USMS investigated the case. Assistant U.S. Attorney Amy Hail prosecuted the case.

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SAN ANTONIO – A Canyon Lake man was sentenced Thursday to 360 months in prison and lifetime supervised release for distribution and receipt of child pornography.

According to court documents, Seth Perricone, 48, shared more than 115,000 files of child sexual abuse material over the internet.  In July, a federal jury found Perricone guilty of six counts of distribution of child pornography and one count of receipt of child pornography.  An investigation found that Perricone had been downloading and distributing child exploitation material since 2012, some of which depicted children as young as toddlers being sexually assaulted by adults.

“Child pornography violations are horrific crimes that plague victims long after their original abuse,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “With this lengthy sentence by the court, the victims in this case were given the justice they deserve.”

“This sentencing of 30 years in federal prison illustrates the severity of Seth Perricone’s crimes against innocent children,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division.  “Working with our law enforcement partners, the FBI will continue to do everything in our power to protect children from dangerous predators.”

The FBI investigated the case.

Assistant U.S. Attorneys Tracy Thompson and William Calve 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, Texas – A Honduran national was sentenced Thursday to 188 months in prison and five years of supervised release for transporting a minor with the intent to engage in criminal sexual activity.

According to court documents, Onilson Dario Juarez-Mendez, 41, illegally entered the United States by wading across the Rio Grande River near Eagle Pass, Texas, in November 2019, accompanied by a juvenile female.  The girl denied Juarez-Mendez’s claims that she was his stepdaughter and stated that he had been sexually assaulting her along their trip.  An investigation verified her claims and revealed that Juarez-Mendez had been extorting the girl’s mother for payment to deliver her to the U.S.

“This case illustrates the lengths and degrees this office will go to seek justice for the victims of heinous crimes,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “I’d like to express my appreciation for the Department of Homeland Security Investigations and the U.S. Border Patrol, whose tireless work in this case made this successful prosecution possible.”

“This case is a stark reminder of just how callous human smugglers can be when it comes to exploiting individuals for money whether they are adults or minors,” said Deputy Special Agent in Charge Alejandro Amaro of HSI in Laredo.  “This human smuggler pretended to be a relative and then used extortion methods to attempt to obtain money from the family.  It clearly illustrates how criminals will illegally smuggle people for personal profit ahead of public safety.  This is why HSI continues to work aggressively to bring smugglers to justice.”

HSI and U.S. Border Patrol investigated the case.

Assistant U.S. Attorney Joshua Banister 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 – Jaime Esparza was sworn in late Friday afternoon as the United States Attorney for the Western District of Texas.  Chief U.S. District Judge Alia Moses administered the oath of office to Esparza at the federal courthouse in San Antonio.

“It is with great honor that I accept this appointment to serve as the U.S. Attorney for the Western District of Texas,” said Esparza.  “I’ve been proud to dedicate the past four decades of my life to justice within the state of Texas and will continue to ensure we hold accountable those who seek to harm vulnerable victims and obstruct the American way of life.”

As U.S. Attorney, Esparza is the chief federal law enforcement officer in the Western District of Texas.  He is responsible for prosecuting violations of federal law and representing the federal government in civil litigation where the United States is a party.  The Western District of Texas includes 68 counties, spans about 93,000 square miles and serves more than six million residents.  The U.S. Attorney’s Office for the Western District of Texas employs more than 300 people and has staffed offices in Austin, Alpine, Del Rio, El Paso, Midland, Waco and San Antonio.

U.S. Attorney Esparza served as the District Attorney for the 34th Judicial District of Texas from 1993 to 2020.  He is credited with creating the award-winning Domestic Violence 24-hour Project, bringing more focus and support to victims of domestic abuse.  He also introduced the District Attorney Information Management System, reducing arrests by 20 percent and saving millions of dollars for El Paso County.  In 2005, U.S. Attorney Esparza was named Prosecutor of the Year by the State Bar of Texas and in 2015 he received the National Mothers Against Drunk Driving President’s Award for Outstanding Criminal Justice Prosecutor.

U.S. Attorney Esparza was Assistant County Attorney in the El Paso County Attorney’s Office in 1992, First Assistant Public Defender in the El Paso County Public Defender’s Office from 1988 to 1991 and Assistant District Attorney for the 34th Judicial District of Texas in 1987.  U.S. Attorney Esparza began his legal career as Assistant District Attorney in the Harris County District Attorney’s Office, where he served from 1983 to 1987.  U.S. Attorney Esparza received his Juris Doctor from the University of Houston Law Center in 1983 and a Bachelor of Business Administration from the University of Texas at Austin in 1979.

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SAN ANTONIO – A Poteet man was sentenced Tuesday to 30 years in prison and 20 years of supervised release for production of child pornography.

According to court documents, Armando Anthony Vidales, 25, of Poteet uploaded and emailed multiple files of child sexual abuse material from one personal email account to another.  The email service provider generated a CyberTipline Report through the National Center for Missing and Exploited Children (NCMEC) online portal.  Following a joint investigation, law enforcement officers with the Texas Office of Attorney General (TX OAG) and federal agents with Homeland Security Investigations (HSI) arrested Vidales on federal charges.

The U.S. Attorney for the Western District of Texas and Acting Special Agent in Charge Craig Larrabee of the HSI San Antonio Division made the announcement.

HSI and the TX OAG investigated the case.

Assistant U.S. Attorney Bettina Richardson 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 – A Castroville man was sentenced Thursday to 151 months in prison for firearm violations.

According to court records, a search warrant was executed on May 10, 2019 at the Medina County residence of Christopher Gonzales, 25, where three semi-automatic pistols were located along with marijuana and drug paraphernalia.  Prior to the search, on April 22 and 23, 2019, Gonzales went on a crime spree, which included two drive-by shootings in San Antonio and an armed robbery of an individual.  Vehicles were struck by gunfire in one of the shootings.  In the second drive-by, Gonzales pointed a laser-equipped pistol at a victim and then fired several shots into the air.

Gonzales pleaded guilty on May 4, 2022, to one count of possession of a firearm by a convicted felon and one count of possession of a firearm in furtherance of a drug trafficking crime.

Gonzales has been in federal custody since his arrest on Sept. 10, 2019.

The U.S. Attorney for the Western District of Texas and Special Agent in Charge Fred J. Milanowski of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Houston Field Division.

The ATF, San Antonio Police Department and Medina County Sheriff’s Office investigated the case.

Assistant U.S. Attorney Eric Yuen 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.  Anonymous tips involving gang crime and wanted fugitives can be submitted at www.stopsanantoniogangs.org.

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MIDLAND, Texas – An Odessa woman pleaded guilty today to two counts of aiding and assisting in the preparation and presentation of a false tax return.

According to court documents, Rita Elia Sanchez, 45, of Odessa owned and operated an income tax preparation business, Rita’s Tax Service, from her home.  Between 2016 and 2018, Sanchez willfully and knowingly helped prepare false Forms 1040 on behalf of her clients.  Sanchez portrayed herself as a knowledgeable and experienced return preparer, leading her clients to believe that she knew how to maximize their deductions and tax refunds.  However, Sanchez inflated and, in some cases, completely fabricated items on her clients’ income tax returns—often without their knowledge.  Sanchez rarely reviewed her clients’ income tax returns with them, beyond the amount they were to receive.  This calculated oversight prevented her clients from easily identifying false items on their tax returns.

A sentencing date has not yet been set. Sanchez faces a maximum penalty of three years in prison and a fine of up to $250,000 on each count.  As part of her plea agreement, Sanchez agrees to pay the IRS $7,953,546.81 in restitution.  Additionally, Sanchez is prohibited by law from preparing or filing federal tax returns for anyone other than herself.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Attorney for the Western District of Texas and Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation (CI) Houston Field Office made the announcement.

The IRS CI investigated the case.

Assistant U.S. Attorneys Joe Mahoney and Monica Daniels prosecuted the case with the assistance of trial attorney Michael L. Jones of the U.S. Department of Justice Tax Division, Southern Criminal Enforcement Section detailed to the U.S. Attorney’s Office for the District of Columbia.

CI’s Houston Field Office encompasses the U.S. District Court’s Southern and Western districts of Texas. CI special agents work a variety of cases, emphasizing traditional tax-related crimes such as employment tax, corporate fraud, identity theft, unscrupulous return preparers and general fraud. The Houston Field Office also provides crucial support to task forces involving counterterrorism, public corruption, human trafficking, drugs and complex money laundering violations. Report tax fraud and learn more about CI by visiting https://www.irs.gov/criminalinvestigation

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SAN ANTONIO – A New Braunfels man was sentenced Wednesday to eight months in prison and three years of supervised release for making threats in 2019 against then-presidential candidate Joe Biden.

According to court documents, on December 11, 2019, William O. Towery, 55, of New Braunfels responded to a text message regarding a campaign rally that then presidential candidate Joe Biden was to appear.  In his response, Towery said, “I’ll be there and have been practicing my sniping skills all month just for this occasion.  If you will be nell [sic] near him you may want to wear something dark to hide the blood splatter.”

During the sentencing hearing, U.S. District Judge Xavier Rodriguez noted that words have consequences and words incite others to behave in ways they might not otherwise.

The U.S. Attorney for the Western District of Texas and Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Field Office made the announcement.

The FBI Joint Terrorism Task Force, the San Antonio Police Department and the New Braunfels Police Department investigated the case.

Assistant U.S. Attorneys Mark Roomberg and Bill Harris prosecuted the case.

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SAN ANTONIO – A federal grand jury in San Antonio returned an indictment Wednesday charging a former San Antonio attorney with wire fraud and money laundering.

According to court documents, Christopher John Pettit, 55, of San Antonio made numerous material misrepresentations to clients to influence certain financial decisions and transactions through his law practice Chris Pettit and Associates, PC. Through false representations via emails, text messages and letters, Pettit allegedly persuaded clients to deposit money with his firm for services such as living trusts, irrevocable trusts, wills and other estate planning services. 

The indictment alleges that, using client wired funds, Pettit opened accounts as the trustee, providing himself the ability to access and move the money to his own account. Other fraudulent schemes alleged in the indictment include falsely promising to invest client money in high percentage return bonds and instead wiring the funds to his personal account, and falsely representing himself as a Qualified Intermediary and encouraging clients to wire millions of dollars from asset sales into his own account. According to court documents, Pettit would use his victimized clients’ funds to pay other client debts as well as support an extravagant lifestyle.

Pettit is charged with five counts of wire fraud and three counts of engaging in monetary transactions in property derived from specified unlawful activity. The defendant made his initial court appearance today before U.S. Magistrate Judge Richard B. Farrer of the U.S. District Court for the Western District of Texas. If convicted, he faces a maximum penalty of 20 years in prison and a fine not to exceed $250,000. Pettit would also be ordered to forfeit all the money, obtained directly and indirectly, for which he is found liable from the counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Attorney for the Western District of Texas and Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Field Office made the announcement. The FBI is investigating the case. Assistant U.S. Attorneys Robert Almonte and Kelly Stephenson 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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SAN ANTONIO – A Garden Ridge man was sentenced Tuesday to 210 months in prison, 10 years supervised release and ordered to pay $30,000 restitution to six victims for distributing child sexual abuse material.

Kyle Ross Rivers, 38, pleaded guilty on August 23, 2022 to one count of distribution of child pornography after trafficking the material to an undercover agent in a group using a social media messaging app.  Investigators found that Rivers possessed thousands of images and videos of child sexual abuse material involving prepubescent children.  At the time of his arrest, Rivers was working at a Residential Autism Treatment Center, providing care for many nonverbal children.

“The sexual abuse of children is horrific and individuals like Mr. Rivers who traffic in this despicable material continue the exploitation of these innocent children,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas.  “The sentence imposed by the court reflects the gravity of the offense committed.”

"The exploitation of innocent children is a heinous crime and demands our relentless focus on bringing these terrible subjects to justice," said Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Field Office.  "This sentencing ensures Mr. Rivers will be held accountable for his actions and sends a message that these horrible crimes will not be tolerated in our community."

FBI San Antonio and FBI Chattanooga 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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SAN ANTONIO – A San Antonio man was sentenced Wednesday to 44 months in prison followed by three years of supervised release for wire fraud.

According to court documents, Sergio Soto Jr., 35, operated two businesses, iPhone Buyerz and Phone Dropz, through which he claimed to sell used cell phones in bulk.  While heavily advertising on the internet, Soto did not, in fact, have access to the large amount of cell phones he offered for sale.  Soto fraudulently sold phones that he had no ability to deliver to victims including businessmen in the U.S. and in Mexico.  The amount of fraud totaled $990,696.00 and Soto agreed to make restitution in this amount as part of his plea.  Additionally, Soto was sentenced to pay $400 in special assessments.

“The growing trend towards significant on-line purchases has greatly increased the problem of wire fraud, both in the United States and internationally,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas.  “Prosecutions like this are an important part of protecting consumers from deceitful predators.”

“This individual took advantage of unsuspecting victims and lined his pockets at their expense,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division.  “Today’s sentencing sends a strong message that those who engage in these types of fraudulent schemes will be held accountable.”

The FBI, Texas Department of Public Safety and San Antonio Police Department investigated the case.

Assistant U.S. Attorneys Greg Surovic and Matthew Kinskey prosecuted the case.

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WACO, Texas – A Killeen woman pleaded guilty today to charges in connection with the disappearance of U.S. Army Specialist Vanessa Guillen.

Cecily Aguilar, 24, pleaded guilty to one count of accessory to murder after the fact and three counts of false statement or representation. A sentencing date has not yet been set. Aguilar faces a maximum possible penalty of 30 years in prison plus three years of supervised release and a $1 million fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

According to court documents, from April 22, 2020 through July 1, 2020, Aguilar assisted Army Specialist Aaron Robinson in corruptly altering, destroying, mutilating and concealing evidence—that is, the body of Vanessa Guillen—in order to prevent Robinson from being charged with and prosecuted for any crime. Aguilar also altered and destroyed information contained in a Google account of Robinson. During the investigation into the disappearance of Vanessa Guillen, Aguilar made four materially false statements to federal investigators.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Oliver E. Rich Jr. made the announcement.

The FBI; U.S. Marshals Service; Texas Rangers; Bell County Sheriff’s Office; Killeen Police Department; Texas Parks and Wildlife; and U.S. Army Criminal Investigation Division investigated the case.

Assistant U.S. Attorneys Mark Frazier and Greg Gloff are prosecuting the case.

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SAN ANTONIO – A San Antonio man was sentenced last week to 30 years in prison for the sexual exploitation of a young child.

According to court documents, Pedro Damian Martinez, 29, sexually assaulted the prepubescent minor on numerous occasions, and recorded the acts on video. Investigators also found that Martinez possessed more than 100 other child pornography videos on his phone, which he’d received via the internet.

In addition to the decades-long sentence, Martinez was ordered to pay $50,000 to the sexual assault victim in restitution and forfeit the cell phones used to produce the child sexual abuse material.

“The lengthy sentence imposed in this case is fitting in light of the unthinkable damage this individual inflicted on a child,” said U.S. Attorney Ashley C. Hoff. “Along with our partners, we will continue to hold those who harm the lives of innocents accountable for their actions.”

“This verdict illustrates the importance of law enforcement agencies working together in efforts to bring violent predators to justice and protect our communities,” said a spokesperson with the San Antonio Police Department Public Information Office.

The FBI, SAPD and Bexar County Sheriff’s Office 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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EL PASO – A New Mexico woman was sentenced Wednesday to 50 months in prison for her involvement in a scheme to purchase firearms in West Texas and Southern New Mexico and then export them into Mexico.

According to court documents, Carmen Gallegos, aka Carmen Salazar-Andujo, of Hobbs, New Mexico, participated in a conspiracy to purchase at least 23 firearms in a two-month period, then illegally smuggle them from the U.S. into Mexico. Between September 2, 2021 and October 29, 2021, Gallegos had listed a Texas address on at least three separate Firearm Transaction Records while in the Western District of Texas when she actually resided in New Mexico.

Gallegos was arrested at the Ysleta Port of Entry on October 31, 2021, returning from a visit to Mexico.  Investigators were able to determine Gallegos had provided false information to a federal firearms licensee to obtain firearms and further collected evidence that she would frequently purchase firearms with the intention of smuggling them into Mexico. Gallegos admitted during her arrest that she was paid $538 for smuggling three firearms into Mexico the day prior. On June 20, 2022, she pleaded guilty to conspiracy to smuggle goods from the United States.

“Falsifying federal documents to purchase firearms is a serious offense,” said U.S. Attorney Ashley C. Hoff. “Thanks to our agency partners, who continue to stop firearms from crossing the border, we were able to prosecute appropriately and end Gallegos’s short-lived role as a smuggler.”

“Preventing firearms and ammunition from falling into the hands of transnational criminal organizations is one of HSI’s top enforcement priorities,” said HSI El Paso Special Agent in Charge Francisco B. Burrola. “Our border is safer today because one more firearms trafficker is behind bars. HSI will continue to work with our law enforcement partners to combat the threat members of these criminal networks pose to public safety.” 

“This is case is a clear reminder of ATF’s commitment to collaborate with our law enforcement partners to stop the illicit flow of firearms to Mexico and disrupt the firearm traffickers responsible,” said Acting Special Agent in Charge Jamey VanVliet, Bureau of Alcohol, Tobacco, Firearms and Explosives Dallas Field Division.

Homeland Security Investigations and ATF investigated the case.

Assistant U.S. Attorneys Gregory McDonald, Ellen Denum and former Assistant U.S. Attorney Kristal Wade prosecuted the case.

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EL PASO – A federal criminal complaint was filed Thursday charging a Tucson man with bank robbery.

According to court documents, Sherman Edward Lester Jr., 45, of Tucson, Arizona, robbed an El Paso GECU Credit Union at gun point on September 2, 2022. The robber obtained an undisclosed sum of money and fled the bank.

On September 14, 2022, Lester attempted to rob a US Bank located inside a Safeway Grocery store in Tucson. Forensic analysis of 9mm shell casings left at both crime scenes traced back to Lester.

Lester is charged with bank robbery and incidental crimes. The defendant remains in custody in Tucson and will have his initial appearance in El Paso before a U.S. Magistrate Judge within the next couple weeks and then the case will proceed to grand jury. If convicted, he faces up to 20 years 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 Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office, made the announcement.

The FBI’s El Paso Violent Crimes Task Force and the El Paso Police Department’s Crimes Against Persons Unit investigated the case. The FBI Phoenix Tucson Resident Agency, with the assistance of the Tucson Police Department, investigate the attempted robbery of the US Bank and made the arrest.

Assistant U.S. Attorney Patricia Aguayo is prosecuting the case.

A federal complaint is an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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MIDLAND, Texas – A Guatemalan national man was sentenced Wednesday to 10 years in prison for immigration crimes.

According to court documents, Mario Rigoberto Diego-Esteban, aka “Lentes,” 26, was sentenced following his guilty plea to one count of illegal re-entry after deportation and one count of transporting undocumented migrants for commercial advantage and private financial gain.

The prosecution stemmed from an investigation into the death of a 21-year-old female Guatemalan national who died while being smuggled by Diego-Esteban and others. The young woman’s body was found on the side of a rural highway outside Odessa, Texas, when Crane County Sheriff’s Deputies responded to a 911 call from a concerned citizen who discovered her remains.

In August 2021, Homeland Security Investigation (HSI) Special Agents executed a search warrant at two mobile homes in Odessa, at least one of which was being used as a “stash house” to harbor and stage the transportation of undocumented migrants. Agents seized ledgers identifying members of a human smuggling organization and their respective roles. The ledgers identified Diego-Esteban as a person who transported undocumented migrants for the organization.

On December 8, 2021, Diego-Esteban was detained by Texas Department of Public Safety troopers near Odessa and was subsequently interviewed by HSI. Diego-Esteban admitted that he was a member of the human smuggling organization associated with the Odessa stash houses and that he had transported 100 undocumented migrants for the organization, receiving $125 for each illegal alien. Diego-Esteban also recounted transporting a female Guatemalan to the stash house. Diego-Esteban said he was told the female was ill, possibly dehydrated, and described her as having difficulty walking and not being able to remain conscious during transport. The investigation revealed that the Guatemalan female, confirmed to be the young woman whose remains were found near the rural highway outside of Odessa, died upon arriving at the stash house.

“The complete lack of concern for a young woman’s life in this case is appalling and yet smuggling networks like these continue to flourish because it is not about preserving life, but about cold, hard cash,” said U.S. Attorney Ashley C. Hoff. “Along with our partners, both in the United States, and worldwide, we will continue to do all in our power to stop these networks and hold the smugglers accountable.”

“The tragic loss of life in this case is an example of the very real risks people face when they put their lives in the hands of smugglers," said Special Agent in Charge, Francisco B. Burrola, HSI El Paso. "Those responsible for illegally moving people into and through our country place personal profit ahead of public safety. Driven by greed, they have little regard for the health and well-being of their human cargo, which can be a deadly combination.”

The U.S. Department of Homeland Security Investigations investigated the case with assistance from the Texas Department of Public Safety and U.S. Border Patrol.

Assistant U.S. Attorney John Fedock and former Assistant U.S. Attorney Glenn Harwood prosecuted the case and were assisted by Joint Task Force Alpha Co-Director James Hepburn and Assistant U.S. Attorney Jose Luis Acosta. 

These charges resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime. JTFA consists of federal prosecutors and attorneys from U.S. Attorneys’ Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement, and Customs and Border Protection’s U.S. Border Patrol, the FBI and the Drug Enforcement Administration.

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DEL RIO, Texas – A federal grand jury in Del Rio returned an indictment last week charging two Texas men with smuggling goods from the United States.

According to court documents, on October 10, 2022 Miguel Angel Ocura-Arenas, 67, of San Antonio was arrested when he attempted to smuggle seven firearms along with 29 magazines, ammunition a rifle barrel and a universal fake suppressor into Mexico. The following day, Rafael Martinez, 40, of Dallas, was also arrested for attempting to smuggle seven firearms and more than 300 rounds of ammunition into Mexico.

Both defendants made their initial court appearances on October 12 before U.S. Magistrate Judge Collis White of the U.S. District Court for the Western District of Texas. Martinez and Ocura-Arenas have been detained without bond while awaiting further proceedings. If convicted, they each face a maximum penalty of 10 years in prison, up to a $250,000 fine, three years of supervised release and a $100 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Acting Special Agent in Charge, Craig Larrabee, HSI San Antonio, made the announcement.

Homeland Security Investigations is investigating the case with assistance from Customs and Border Protection.

Assistant U.S. Attorney Alexander Brown 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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EL PASO, Texas – A federal jury convicted two men Tuesday of multiple counts of drug trafficking. Additionally, one of the defendants was convicted of domestic and international money laundering.

Jorge Sanchez-Morales aka “Capulina,” 47, was convicted of two counts of Conspiracy to Possess with Intent to Distribute; two counts of Conspiracy to Import a Controlled Substance; one count of Conspiracy to Commit International Money Laundering; and one count of Conspiracy to Commit Domestic Money Laundering.

Luis Reyes-Perez aka “Cubano,” 51, was convicted of one count of Conspiracy to Possess a Controlled Substance with Intent to Distribute, and one count of Conspiracy to Import a Controlled Substance.

According to court documents and evidence presented at trial, Sanchez-Morales ran a large-scale drug trafficking organization, spanning from Mexico to El Paso and on to Atlanta, from 2002 to 2019. In the early 2000s, Sanchez-Morales worked out of Atlanta, trafficking cocaine and other drugs with Sinaloa Cartel operatives.

In 2014, Sanchez-Morales returned to Mexico to run his organization, which would then primarily traffic methamphetamine, often in liquid form. The liquid methamphetamine would cross the border from Juarez, Mexico into El Paso, and then was transported to Atlanta in semi tractors.  The liquid methamphetamine would be poured into one of the semi-tractor’s fuel tanks that had been disconnected from the truck’s fuel system and then converted to crystalline form once it arrived in Atlanta. Sanchez-Morales was at this time affiliated with Jalisco New Generation Cartel, or CJNG, and oversaw the operation.

Reyes-Perez was one of the truck drivers who transported the liquid methamphetamine from El Paso to Atlanta and was responsible for the delivery of several hundred gallons of the highly addictive substance.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Drug Enforcement Administration Special Agent in Charge Greg Millard; and Homeland Security Investigations Special Agent in Charge Frank Burrola made the announcement.

The DEA, HSI, United States Border Patrol, El Paso Sheriff’s Office, Texas Department of Public Safety and Socorro Police Department investigated the case.

Assistant U.S. Attorneys Steven Spitzer and Nathan Brown prosecuted the case.

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AUSTIN – A Georgetown man was arrested yesterday on criminal charges related to child pornography.

According to a criminal complaint filed in Austin federal court, David Lloyd Walther, 56, is accused of knowingly searching for, downloading, distributing and possessing child pornography. The criminal complaint alleges that Walther downloaded and made available child pornography using BitTorrent, a peer-to-peer file sharing network. At the time, Walther was pastor of Faith Baptist Church in Round Rock, Texas.

During a search of Walther’s home and vehicle, two large computer hard drives were located and found to contain child pornography.

Walther is charged with distribution, receipt, transportation and possession of child pornography. If convicted, Walther faces up to 20 years in prison. Walther made his initial appearance today before a U.S. Magistrate Judge in Austin. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI San Antonio Division Special Agent in Charge Oliver E. Rich, Jr., made the announcement.

The FBI San Antonio Division's Child Exploitation and Human Trafficking Task Force, with invaluable assistance from the Round Rock Police Department, is investigating the case. The FBI also appreciates the assistance received by the Williamson County Sheriff's Office and the Williamson County Children's Advocacy Center.

Assistant U.S. Attorney Matthew Devlin is prosecuting 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.

A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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AUSTIN – Omega Healthcare Investors, Inc., as successor-in-interest to MedEquities Realty Trust, Inc. (MedEquities), has agreed to pay $3 million to resolve allegations that MedEquities violated the False Claims Act by submitting false claims to the Medicare and Medicaid programs. MRT of Lakeway TX – ACH, LLC (MRT-Lakeway) and Lakeway Realty, LLC (Lakeway Realty) are also parties to the settlement agreement.

The United States alleges that MedEquities paid kickbacks to physicians to induce them to refer patients to a hospital developed by Lakeway Regional Medical Center, LLC (LRMC). MedEquities offered the physicians a low-risk, high-reward investment in Lakeway Realty, a joint venture formed by MRT-Lakeway to purchase the hospital and lease it back to LRMC. The government contends that claims for reimbursement based on these referrals and submitted by LRMC to the Medicare and Medicaid programs between March 2, 2015 and August 31, 2016 were unlawful under the federal Anti-Kickback Statute.

The allegations in this case were initially brought by Robert Van Boven, M.D. and Sharon Van Boven in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The Van Boven’s qui tam suit remains under seal, subject to an order of the Court permitting the United States to disclose this settlement.

The United States previously announced a settlement with LRMC to resolve allegations regarding the hospital’s role in the alleged kickback scheme.

U.S. Attorney Ashley C. Hoff of the Western District of Texas made the announcement and thanked the Department of Health and Human Services Office of Inspector General and the Civil Medicaid Fraud Division of the Office of the Attorney General of Texas for their assistance.

Assistant U.S. Attorneys Thomas Parnham and Samuel Shapiro represented the United States in the settlement.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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SAN ANTONIO – A Mexican national man and his wife, both residing in San Antonio, were sentenced in federal court today for a scheme to defraud business investors of over $1 million and failing to properly declare their income to the Internal Revenue Service.

Juan Enrique Kramer, 46, was sentenced to three years in prison, forfeiture of $59,589 in proceeds, restitution of $1,171,497 payable to the victims of his wire fraud, and restitution of $727,936 to the IRS. Adriana Pastor, 47, was sentenced to 18 months in prison and is also liable for the $727,936 to the IRS. Both Kramer and Pastor were also sentenced to three years of post-release supervision.

According to court documents, Kramer and other co-conspirators promoted a “turn-key” business venture to Mexican nationals, consisting of a chain of Mexican food restaurants throughout the United States and Mexico known as “Las Quesadillas.” Kramer charged buyers a set fee ranging from $105,000 to $250,000 and promised to perform all tasks necessary for establishing a fully functional restaurant, including finding and renting a suitable location; obtaining all permits; providing assistance in obtaining visas for buyers; completing construction; training employees; and handling all legal fees and incorporation issues.

The defendants took funds from buyers but failed to provide the promised services. Instead, they used the funds for personal gain or to provide partial payments to previous customers who were demanding their money back.  In addition to partial refunds, Kramer would also offer stakes in other businesses as an alternative to repayment.  If buyers refused, Kramer would threaten to sue them for breach of contract. The defendants perpetrated their scheme on at least eight different victims resulting in a total loss of more than $1 million.

“Investment fraud schemes such as what Kramer and Pastor engaged in are specifically designed to take advantage of vulnerable, trusting individuals,” said U.S. Attorney Ashley C. Hoff. “Today’s sentences underscore that this is unacceptable criminal conduct and violators will be held accountable.”

Kramer and Pastor did not declare any of the investor income to the IRS. In 2016, Pastor signed a tax return which falsely stated a net income loss. In 2017 and 2018, the couple did not file any tax returns whatsoever, despite still running restaurants and taking in investor money.    

On February 1, 2022, Kramer pleaded guilty to one count of conspiracy to commit wire fraud and one count of failure to file an individual tax return. On February 22, 2022, Pastor pleaded guilty to one count of aiding or assisting in filing a false tax return. Two co-defendants who remain are pending sentencing. 

“With Kramer and Pastor came a scheme that caused harm and created victims to citizens in two nations. Our efforts to coordinate with our law enforcement partners at home and abroad help ensure justice is served and criminals pay the price regardless of international borders,” said Special Agent in Charge Ramsey E. Covington, of IRS Criminal Investigation’s Houston Field Office. “These two are con artists who swindled people out of money.”

The IRS-CI and the FBI investigated the case with assistance from the Texas State Securities Board.

Assistant U.S. Attorneys Justin Chung, Matthew W. Kinskey and Antonio Franco Jr. prosecuted the case.

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AUSTIN – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that the City of Kyle (“Kyle” or the “City”) has entered into a settlement agreement with the United States to ensure that individuals with disabilities have equal access to the City’s reduced-fare transportation program.

The “Uber Kyle $3.14 Program” allows Kyle residents and visitors to travel in an UberX vehicle to anywhere within Kyle’s city limits for as little as $3.14. After a rider pays the first $3.14 of an UberX fare for a qualifying trip, the City subsidizes the next $10. Individuals with disabilities may participate in the program by requesting wheelchair accessible vehicles through the UberWAV platform. Individuals who request UberWAV vehicles also pay the first $3.14 of a qualifying trip, while the City subsidizes the next $10 plus any additional charges specific to providing UberWAV services.

In 2020, the U.S. Attorney’s Office opened an investigation to determine whether the Uber Kyle $3.14 Program complied with Title II of the Americans with Disabilities Act (“ADA”).  Under Title II, no qualified individual with a disability may be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity.

During its investigation, the United States observed significant disparities in the availability of UberX vehicles and UberWAV vehicles in Kyle. UberWAV vehicles were not available more than 40% of the time. Even when an UberWAV vehicle was available, the average wait time was substantially longer than the average wait time for an UberX vehicle. The United States also learned that a Kyle resident who uses a wheelchair had complained to the City regarding the lack of accessible vehicles in the Uber Kyle $3.14 Program.

After the United States informed it of these findings, the City proactively contracted with a vendor to supplement the Uber Kyle $3.14 Program with additional wheelchair accessible vehicles. The settlement requires the City to maintain its contract or a similar contract or program that will increase the availability of wheelchair accessible vehicles. Among other things, the settlement also requires the City to track response time details for requests for wheelchair-accessible vehicles compared to requests for non-wheelchair-accessible vehicles. The City must also advertise the improvements that are being made to the Uber Kyle $3.14 Program to increase accessibility on the City’s website and Twitter account.

“In the Western District of Texas, people with disabilities must be able to count on accessible transportation service that is equal to the service provided to others,” said U.S. Attorney Hoff. “We commend the City’s collaborative approach to promoting equal access for Kyle residents with disabilities.”

Assistant U.S. Attorneys Liane Noble and Thomas Parnham handled this matter for the United States. As part of the agreement, the City did not admit to any past wrongdoing or violation of law or applicable law or regulations.

For more information on the ADA or this settlement agreement, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD) or access the ADA website at http://www.ada.gov.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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EL PASO – Fernando Angel Puga, aka Cholo, 37, of Las Cruces, was sentenced last week to 372 months in prison for kidnapping and carjacking.

According to court documents and evidence presented at trial, on June 9, 2017, Puga and his co-defendant Sergio Ivan Quinonez-Venegas, 38, from Mexico, approached a man working at a food truck in El Paso.  Puga and Quinonez told the victim their car had broken down and asked for a ride. While the victim was giving the defendants a ride to a nearby gas station, Quinonez pulled out a gun and advised the victim that this “was a kidnapping.”  The victim was forced at gunpoint and knifepoint to drive the pair from El Paso to Las Cruces.  Once in Las Cruces, the victim was struck and stabbed multiple times by a machete wielded by Puga, fracutring the victim’s skull and severely puncturing his body and hands.

On May 24, 2022, Puga was found guilty by a federal jury of one count of kidnapping; one count of carjacking resulting in serious bodily injury; and one count of transportation of a stolen vehicle in interstate commerce.  Puga has remained in federal custody since his arrest on April 17, 2019.

“I am thankful that this violent criminal will have a long time behind bars to reflect on his heinous actions while the community is made safer,” said U.S. Attorney Ashley C. Hoff.  “I am also hopeful that the victim experiences healing and finds some solace in defendant’s removal from society.  I laud the efforts of our law enforcement partners who worked to bring Puga to justice.”

“When faced with a deadly situation, the victim fought off the attackers and managed to escape,” said FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office. “The courage and determination showed by the victim is awe-inspiring. The victim was not only able to escape but also assist law enforcement in the identification and arrest of the defendant and bring about the justice deserved in this violent abduction. We hope this sentencing will help the victim heal from the physical and mental wounds inflicted in this horrific incident.”

On February 2, 2022, Quinonez pleaded guilty to one count of carjacking.  On September 29, 2022, Quinonez was sentenced to 60 months in prison.  He has remained in federal custody since his arrest on May 10, 2019.

The FBI El Paso Field Office, with valuable assistance from FBI Albuquerque; U.S. Border Patrol; Dona Ana County New Mexico Sheriff’s Office; El Paso Police Department; and the Texas Department of Criminal Justice K-9 unit, investigated the case.

Assistant U.S. Attorneys Ian Martinez Hanna and Ellen Denum prosecuted the case.

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SAN ANTONIO – A San Antonio woman was sentenced on Wednesday to 33 months in prison and ordered to pay $124,780 in restitution for her part in a multi-year tax evasion scheme.

According to court documents, Cynthia J. Moak, 67, evaded paying taxes for 2009 through 2012, by falsifying her income tax returns.  Among other methods, Moak applied for non-profit status for one of her companies and then solicited charitable donations that she converted to her use.

On January 14, 2020, Moak pleaded guilty to one count of tax evasion.

“Every U.S. taxpayer is obligated to pay their fair share,” said U.S. Attorney Ashley C. Hoff.  “Ms. Moak does not get to scam her way out of paying taxes while others follow the law. The sentence of 33 months is indicative of this office’s resolve to address tax evasion, ensure fairness to all taxpayers and protect the U.S. Treasury.”

“While not common, it takes an incredibly deceitful person to perpetuate the type of scam that Cynthia Moak orchestrated,” said Special Agent in Charge, Ramsey E. Covington, of the Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office.  “IRS-CI continues to be relentless in our mission to investigate tax crimes and dismantle these types of illicit scams to bring criminals like Moak to face justice.”

IRS-CI investigated the case.

Assistant U.S. Attorney William R. Harris prosecuted the case.

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EL PASO – This week, Jorge Mario Manjarrez-Reyes, 30, of El Paso, was sentenced to 200 months in prison for producing child pornography.  Following his imprisonment, U.S. District Court Judge David C. Guaderrama ordered that Manjarrez-Reyes be placed on a lifetime of supervised release and pay a $5,000 assessment under the Justice for Victims of Trafficking Act.

According to court documents, law enforcement officers first encountered Manjarrez-Reyes on a peer-to-peer program where he was sharing images of child pornography. Following the execution of a search warrant at the defendant’s residence in March 2020, Homeland Security Investigations (HSI) forensically discovered approximately 513 images and 619 videos depicting child pornography on Manjarrez-Reyes’ electronic devices. In coordination with the National Center for Missing and Exploited Children, HSI later learned that Manjarrez-Reyes created one of the videos.

By pleading guilty, Manjarrez-Reyes admitted that he knowingly used and coerced a four-year-old victim to take part in sexually explicit conduct for the production of visual depictions of that abuse.

“The defendant’s reprehensible actions justify the lengthy prison sentence as this child’s life will be forever impacted,” said U.S. Attorney Ashley C. Hoff. “This office will persist in our efforts to ensure that those who seek to prey on children are found and held accountable.”

“Individuals who commit crimes against the most vulnerable in our society will be sought out and brought to justice,” said Francisco Burrola, Special Agent in Charge, HSI, El Paso. “HSI will continue to protect children against atrocious crimes committed against them by criminals who have no place in our communities.”

HSI El Paso’s Child Exploitation / Internet Crimes Against Children Group investigated the case.

Assistant U.S. Attorney Michelle Winters 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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AUSTIN – A newly unsealed federal grand jury indictment charges Mark Sokolovsky, 26, a Ukrainian national, for his alleged role in an international cybercrime operation known as Raccoon Infostealer, which infected millions of computers around the world with malware.

According to court documents, Sokolovsky, who is currently being held in the Netherlands pursuant to an extradition request by the United States, conspired to operate the Raccoon Infostealer as a malware-as-a-service or “MaaS.” Individuals who deployed Raccoon Infostealer to steal data from victims leased access to the malware for approximately $200 per month, paid for by cryptocurrency. These individuals used various ruses, such as email phishing, to install the malware onto the computers of unsuspecting victims. Raccoon Infostealer then stole personal data from victim computers, including log-in credentials, financial information, and other personal records. Stolen information was used to commit financial crimes or was sold to others on cybercrime forums. 

In March 2022, concurrent with Sokolovsky’s arrest by Dutch authorities, the FBI and law enforcement partners in Italy and the Netherlands dismantled the digital infrastructure supporting the Raccoon Infostealer, taking its then existing version offline.

Through various investigative steps, the FBI has collected data stolen from many computers that cyber criminals infected with Raccoon Infostealer. While an exact number has yet to be verified, FBI agents have identified more than 50 million unique credentials and forms of identification (email addresses, bank accounts, cryptocurrency addresses, credit card numbers, etc.) in the stolen data from what appears to be millions of potential victims around the world. The credentials appear to include over four million email addresses. The United States does not believe it is in possession of all the data stolen by Raccoon Infostealer and continues to investigate.

The FBI has created a website where anyone can input their email address to determine whether it is contained within the U.S. government’s repository of Raccoon Infostealer stolen data. The website is raccoon.ic3.gov. If the email address is within the data, the FBI will send an email to that address notifying the user.  Potential victims are encouraged to fill out a detailed complaint and share any financial or other harm experienced from their information being stolen at FBI’s Internet Crime Complaint Center (IC3) at ic3.gov/Home/FileComplaint.

“This case highlights the importance of the international cooperation that the Department of Justice and our partners use to dismantle modern cyber threats,” said Deputy Attorney General Lisa O. Monaco. “As reflected in the number of potential victims and global breadth of this attack, cyber threats do not respect borders, which makes international cooperation all the more critical. I urge anyone who thinks they could be a victim to follow the FBI’s guidance on how to report your potential exposure.”

“I applaud the hard work of the agents and prosecutors involved in this case as well as our international partners for their efforts to disrupt the Raccoon Infostealer and gather the evidence necessary for indictment and notification to potential victims,” U.S. Attorney Ashley C. Hoff said. “This type of malware feeds the cybercrime ecosystem, harvesting valuable information and allowing cyber criminals to steal from innocent Americans and citizens around the world. I urge the public to visit the FBI’s Raccoon Infostealer website, find out if their email is within the stolen data, and file a victim complaint through the FBI’s IC3 website.”

“Today’s case is a further reminder the FBI will relentlessly pursue and bring to justice cyber criminals who seek to steal from the American public,” said FBI Deputy Director Paul Abbate. “We have once again leveraged our unique authorities, world-class capabilities, and enduring international partnerships to maximize impact against cyber threats. We will continue to use all available resources to disrupt these attacks and protect American citizens. If you believe you’re a victim of this cybercrime, we urge you to visit raccoon.ic3.gov.”

“This case highlights the FBI’s unwavering commitment to work closely with our law enforcement and private sector partners around the world to hold cybercriminals accountable for their actions and protect the American people from cybercrime,” said FBI Special Agent in Charge Oliver E. Rich Jr. “This case also serves as a reminder to public and private sector organizations of the importance to report internet crime and cyber threats to law enforcement as soon as possible. Working together is the only way we’re going to stay ahead of rapidly changing cyber threats."

“This indictment demonstrates the resolve and close cooperation of the Army Criminal Investigation Division and the FBI working jointly to protect and defend the United States,” stated Special Agent in Charge Marc Martin, Army CID’s Cyber Field Office. “Army CID would also like to thank our law enforcement partners in Italy and the Netherlands.”   

Sokolovsky is charged with one count of conspiracy to commit computer fraud and related activity in connection with computers; one count of conspiracy to commit wire fraud; one count of conspiracy to commit money laundering; and one count of aggravated identity theft. The Amsterdam District Court issued a decision on September 13, 2022, granting the defendant’s extradition to the United States. Sokolovsky has appealed that decision.

If convicted, Sokolovsky faces a maximum penalty of 20 years in prison for the wire fraud and money laundering offenses, five years for the conspiracy to commit computer fraud charge, and a mandatory consecutive two-year term for the aggravated identity theft offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Austin Cyber Task Force, with the assistance of the Department of the Army Criminal Investigation Division (Army CID), is investigating the case. The FBI Austin Cyber Task Force is supported by Army CID, Austin Police Department, the Naval Criminal Investigative Service, the Round Rock Police Department and the Texas Department of Public Safety.

Victims of the Raccoon Infostealer can find more information at www.justice.gov/usao-wdtx/victim-assistance-raccoon-infostealer. Assistant U.S. Attorneys Michael C. Galdo and G. Karthik Srinivasan are prosecuting the case. The Department of Justice’s Office of International Affairs is assisting with foreign evidence requests and the extradition request.

U.S. Attorney Hoff and Special Agent in Charge Rich would also like to thank the FBI Legal Attachés in Rome, The Hague, and Warsaw for their assistance in the investigation and disruption of the Raccoon Infostealer, along with the following foreign partners: Ministry of Justice of Italy; Special Unit for the Protection of Privacy and Technological Fraud of the Italian Guardia di Finanza; Procura della Repubblica di Brescia; the Netherlands Ministry of Justice and Security; Netherlands Police; and Netherlands Public Prosecution Service.

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

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ALPINE – Thomas Scott Perkins, 31, of Fort Stockton, was sentenced yesterday to 1,890 months in prison for distributing and possessing child sexual abuse material.

According to court documents and evidence presented at trial, Homeland Security Investigations (HSI) agents determined through investigation that Perkins was sharing child pornography online.  A search warrant was executed at Perkins’ residence and multiple hard drive devices were discovered that contained 95,316 images and 1,237 videos of child sexual abuse material.

On July 19, 2022, Perkins was found guilty by a federal jury sitting in Pecos of one count of distribution of child pornography and eight counts of possession of child pornography.  Perkins has remained in federal custody since his arrest on September 14, 2020.

“The sentence demonstrates the horrors of this type of crime, which we will continue to relentlessly pursue,” said U.S. Attorney Ashley C. Hoff.  “I want to express my deep gratitude to our law enforcement partners and dedicated prosecutors who worked to bring this defendant to justice.”

“This lengthy sentence is a testament to the repugnant nature of child exploitation crimes, particularly the production of child pornography which only perpetuates the trauma endured by victims,” said Francisco Burrola, Special Agent in Charge, HSI El Paso. “HSI agents make it a top priority to protect vulnerable children from victimization by working with their law enforcement partners to investigate predators involved with the possession and distribution of child pornography and ensure they are held accountable for their heinous actions.”

HSI, with assistance from the FBI, the U.S. Department of Agriculture and the Texas Department of Public Safety, investigated the case.

Assistant U.S. Attorneys Scott V. 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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SAN ANTONIO – A San Antonio man was sentenced last week to 25 years in prison for his role in distributing methamphetamine and heroin in the San Antonio area.

According to court documents, Donald Trevino, aka Fluffy, D, Uno, and Gordo, 34, was the “free world” General of the Texas Mexican Mafia (TMM).  The TMM is a prison and street gang that engages in significant illegal activities, including narcotics trafficking and extortion.  In October 2020, Trevino and 11 other codefendants were arrested on charges in connection with a methamphetamine/heroin/cocaine trafficking operation in the San Antonio area.  During the investigation, authorities seized dozens of kilograms of methamphetamine and numerous firearms.

On March 30, 2022, Trevino pleaded guilty to one count of conspiracy to possess with intent to distribute more than 500 grams of methamphetamine.

In addition to his prison sentence, Trevino was ordered to forfeit more than $10,000. Trevino has remained in federal custody since his arrest on October 2, 2020.

“This investigation demonstrates our office's commitment to dismantling criminal organizations in our communities,” said U.S. Attorney Ashley C. Hoff.  “This defendant was responsible for the distribution of large quantities of methamphetamine and heroin in San Antonio. We are thankful for the outstanding collaboration of our federal, state and local partners who helped bring him to justice.”

“Violence and drugs go hand and hand, which ruins communities and lives,” said Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration (DEA) - Houston Division. “Together and through our combined efforts with our local partners, we will continue putting violent criminals who bring drugs and unrest to our communities behind bars.”

“I am proud of the work done by the San Antonio Police Department (SAPD) and our law enforcement partners in arresting this offender,” said SAPD Chief William McManus.  “SAPD remains committed to the safety of our residents and we will continue to ensure that dangerous individuals involved in criminal activity are off our streets.”

“Texas families deserve to live in peace in their communities, safe from the threats posed by violent street gangs,” said FBI San Antonio Division Special Agent in Charge Oliver E. Rich Jr. “This sentence is welcome news and sends a strong message to violent criminal enterprises that the FBI and its law enforcement partners will continue to aggressively pursue these offenders and bring them to justice.”

The DEA, SAPD and FBI investigated the case.

Assistant U.S. Attorney Eric Yuen is prosecuting the case.

This indictment resulted from an Texas Anti-Gang Center (TAG) investigation conducted by San Antonio TAG member agencies including the DEA, FBI, San Antonio Police Department’s Gang Unit, Bexar County Sheriff’s Department, Bexar County District Attorney’s Office, Texas Department of Public Safety (DPS), Texas Department of Criminal Justice-Office of Inspector General, Homeland Security Investigations (HSI), U.S. Marshals Service (USMS), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Anonymous tips involving gang crime and wanted fugitives can be submitted at www.stopsanantoniogangs.org.

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EL PASO – An El Paso man was sentenced last week to 262 months in prison for his role in methamphetamine importation and distribution.

According to court documents and testimony at trial, on April 12, 2020, Gilberto Lopez, 40, driving a 2003 GMC Yukon, applied for entry into the U.S. from Mexico at the Paso Del Norte Port of Entry.  Lopez and his passenger were referred to secondary inspection where a Customs and Border Protection (CBP) canine alerted to the vehicle for narcotics.  Subsequent inspection of the Yukon revealed two black bundles containing methamphetamine under the muffler’s shield.

On May 20, 2021, a federal jury in El Paso found Lopez guilty of one count of conspiracy to import 500 grams or more of methamphetamine; one count of importation of 500 grams of methamphetamine; one count of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine; and one count of possession with intent to distribute 500 grams or more of methamphetamine. The Government’s evidence at trial included Lopez’s fingerprint on an inside layer of one of the bundles.

Lopez has remained in federal custody since his arrest on April 12, 2020.

“We frequently highlight fentanyl, but methamphetamine trafficking continues to contribute to violent crime and tragic overdose incidents in our communities,” said U.S. Attorney Ashley C. Hoff. “The dedicated efforts of our law enforcement partners and prosecutions like this help to protect our communities by disrupting the flow of methamphetamine and other dangerous drugs into the United States.”

“Collaborating with our federal partners is always a priority for Homeland Security Investigations (HSI) El Paso, and this sentence exemplifies the result of our unified effort to interdict, investigate and prosecute drug traffickers who continue to poison our citizens, and who are contributing to the narcotics epidemic that is ravaging our country,” said Francisco B. Burrola, Special Agent in Charge of HSI El Paso. “HSI will continue to aggressively target, disrupt and dismantle the highest levels of transnational criminal organizations with the goal of disrupting the flow of drugs into our communities.”

HSI and U.S. Customs and Border Protection investigated the case.  Assistant U.S. Attorneys John Ganz and Stanley Serwatka prosecuted the case.

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AUSTIN – A Canadian national pleaded guilty to making false statements on income tax returns.

According to court documents, William Henry Woo, 66, earned income in the United States from gambling at casinos that was subject to federal taxes  Beginning in January 2007 through January 2011, Woo submitted to the Internal Revenue Service (IRS) fraudulent claims seeking approximately $5.4 million in tax refund monies by falsely over-reporting the tax withheld by the casinos and by duplicating his refund claims.  Woo fraudulently obtained more than $1 million in tax refunds from the Department of Treasury.

Woo pleaded guilty to two counts of making false statements on income tax returns for tax year 2007.  A sentencing date has not been set.  For each count, Woo faces up to three years in prison, restitution and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and IRS-Criminal Investigations (IRS-CI) Special Agent in Charge Ramsey E. Covington, Houston Field Office, made the announcement.

The IRS-CI is investigating the case.

Assistant U.S. Attorney Daniel Castillo is prosecuting the case.

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The Barrio Azteca gunmen directly responsible for the March 2010 murders in Juarez, Mexico of a U.S. Consulate employee, her husband, and the husband of another U.S. Consulate employee were sentenced to life in prison today.

“The gunmen who viciously shot and killed Leslie Enriquez, Arthur Redelfs, and Jorge Salcido Ceniceros will now deservedly spend the rest of their lives in prison,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.  “This prosecution demonstrates the Department’s commitment to combating violent transnational criminal organizations and holding accountable those who may harm Americans, whether at home or abroad.  I want to thank the Mexican Government for its cooperation that helped lead to this just result, including extraditing both defendants to the United States to be prosecuted for their heinous crimes.”

On Feb. 3, Jose Guadalupe Diaz Diaz, aka Zorro, 43, of Chihuahua, Mexico, and Martin Artin Perez Marrufo, aka Popeye, 54, also of Chihuahua, were found guilty of all 11 counts after a 13-day jury trial in the Western District of Texas, El Paso Division. The jury found Diaz and Marrufo guilty of conspiracy to commit racketeering, narcotics trafficking, narcotics importation, money laundering, and murder in a foreign country; three counts of murder in aid of racketeering; and three counts of murder resulting from the use and carrying of firearms during and in relation to drug trafficking.

“The victims in this case were coming from a child’s birthday party when they were misidentified as targets by members of Barrio Azteca and gunned down in a senseless act of violence,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “I am incredibly proud of the work our office and our law enforcement partners, including international law enforcement, have done to bring some sense of justice to the victims’ families.”

Evidence presented at trial demonstrated that on March 13, 2010, Diaz and Marrufo served as gunmen on the hit teams that murdered U.S. Consulate employee Leslie Enriquez, her husband, Arthur Redelfs, and Jorge Salcido Ceniceros, the husband of another U.S. Consulate employee. The victims were targeted by the hit teams after leaving a child’s birthday party in Juarez because they were mistaken initially for rival gang members. Diaz shot and killed Enriquez and Redelfs. Marrufo shot and killed Ceniceros.

The defendants were sentenced to life in prison on 10 counts and 240 months of imprisonment on the remaining count. Three of the life in prison sentences will run consecutive to the sentences imposed on all other counts. Both defendants were also sentenced to five years of supervised release and ordered to pay restitution.

“Today’s sentencing demonstrates the FBI’s commitment to fighting the senseless violence that transnational criminal organizations continue to inflict on the American people, wherever they reside,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “It was important that justice be served, not only for the victims, Leslie Enriquez, Arthur Redelfs, and Jorge Salcido Ceniceros, but also their families. The FBI appreciates the collaborative efforts of our local, state, federal, and international law enforcement partners in ensuring all those responsible were held accountable.” 

“Today’s sentencing serves as a testament to DEA’s commitment, alongside our law enforcement partners, to bring to justice those responsible for the heartbreaking murder of innocent members of our U.S. mission abroad,” said DEA Administrator Anne Milgram. “The men and women of the DEA will stop at nothing to pursue those that use violence and intimidation to further drug trafficking schemes.”

As proven at trial, Barrio Azteca is a transnational criminal organization engaged in, among other things, money laundering, racketeering, and drug-related activities in El Paso, Texas, among other places. The gang allied with other drug gangs to battle the Sinaloa Cartel, at the time headed by Joaquín “Chapo” Guzman, and its allies for control of the drug trafficking routes through Juarez, Chihuahua, Mexico. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because it is a principal illicit drug trafficking route into the United States.

A total of 35 defendants were charged in the third superseding indictment and are alleged to have committed various criminal acts, including the 2010 Juarez Consulate murders in Juarez, Mexico, as well as racketeering, narcotics distribution and importation, retaliation against persons providing information to U.S. law enforcement, extortion, money laundering, murder, and obstruction of justice. Of the 35 defendants charged, all have been apprehended. Of those apprehended, 28 have pleaded guilty, three (including Diaz and Maruffo) have been convicted by a jury following trial, one committed suicide before the conclusion of his trial, and three are awaiting extradition from Mexico.

Diaz was extradited from Mexico on Nov. 13, 2019, and Maruffo was extradited from Mexico on Jan. 18, 2020. The extraditions were the result of close coordination between U.S. and Mexican law enforcement authorities, who have cooperated in the investigation and prosecution of this case.

Acting Deputy Chief Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section, Trial Attorney Christina Taylor of the Criminal Division’s Organized Crime and Gang Section, and Assistant U.S. Attorney Steven Spitzer for the Western District of Texas are prosecuting the case. The U.S. Attorney’s Office for the District of New Mexico and the Justice Department’s Office of International Affairs and Office of Enforcement Operations provided significant assistance in this case.

The FBI’s Safe Streets Task Force located at the Texas Anti-Gang Center in El Paso, FBI Albuquerque Field Office, DEA Juarez, and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Department of State’s Diplomatic Security Service; Texas Department of Public Safety; Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, New Mexico, Sheriff’s Office; Las Cruces, New Mexico, Police Department; Southern New Mexico Correctional Facility; and Otero County Prison Facility New Mexico provided valuable assistance. 

SAN ANTONIO – Today United States Attorney Ashley C. Hoff announced that Assistant United States Attorney (AUSA) Matthew Devlin will lead the efforts of the U.S. Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022 general election.  AUSA Devlin has been appointed to serve as the District Election Officer (DEO) for the Western District of Texas. In that capacity he is responsible for overseeing the District’s handling of election day complaints about voting rights, threats of violence to election officials or staff, and election fraud in consultation with Justice Department Headquarters in Washington, D.C.

 “Every citizen must be able to vote without interference or discrimination and have that vote counted in a fair and free election,” said United States Attorney Ashley C. Hoff.  “Similarly, election officials and staff must be able to serve without being subject to threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

“The right to vote is the cornerstone of American democracy.  We all must ensure that those who are entitled to the right to vote can exercise it if they choose, and that those who seek to corrupt it are brought to justice,” stated United States Attorney Hoff.  “To respond to complaints of voting rights concerns and possible election fraud during the upcoming election and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Devlin will be on duty in this District while the polls are open.  He can be reached by the public at the following telephone number (512) 687-0818.”

In addition, the FBI will have personnel available in each field office throughout the country to receive allegations of election fraud and/or other election abuses occurring on Election Day. The FBI San Antonio Field Office can be reached by the public at (210) 225-6741. The FBI El Paso Field Office can be reached by the public at (915) 832-5000.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

United States Attorney Hoff further stated that, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

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SAN ANTONIO – David Joseph Bolduc, Jr., 61, of Herndon, Virginia, pleaded guilty on October 12 to one count of conspiracy to commit wire fraud for his role in a government contract fraud scheme.   Bolduc and QuantaDyn bribed a government official to obtain confidential government information and secure government contracts. Consequently, the government overpaid for flight simulators and training services at the expense of the American taxpayer.

Court documents reflect that QuantaDyn Corporation, a software engineering company based in Virginia, and Bolduc paid Keith Alan Seguin, 56, a former civilian employee at Randolph Air Force Base in San Antonio, more than $2.3 million in bribes from 2007 to 2018 to obtain government contracts and government pricing information. As part of the fraudulent scheme, Bolduc, one of the owners of QuantaDyn, conspired with QuantaDyn; Karen Paulsen, 56, of Beavercreek, Ohio; John G. Hancock, 60, of Fairborn, Ohio; and Seguin, 56, of San Antonio, to defraud the United States by overcharging to offset the bribe payments and inflate profits for the benefit of Bolduc, QuantaDyn, and the prime contractor that employed Hancock and Paulsen. From 2007 to 2018, the conspirators fixed the contract award and pricing on Air Force and General Services Administration (GSA) contracts, which caused the United States to overpay for flight simulator technology and simulator services.

Bolduc is scheduled to be sentenced on January 9, 2023 and faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

On September 15, 2020, QuantaDyn pleaded guilty to conspiracy to commit wire fraud and was sentenced to probation for five years, ordered to pay a $6.3 million fine and pay more than $37 million in restitution. In addition to the fines and restitution, QuantaDyn was ordered to pay a forfeiture money judgment in the amount of $22,834,526.31 and forfeit funds in corporate accounts totaling over $7 million.

On June 15, 2021, Seguin pleaded guilty to one count of conspiracy to commit wire fraud and one count of tax fraud and false statements. Seguin is set for sentencing on January 23, 2023 and faces up to 20 years in prison on the conspiracy charge and up to three years in prison for the tax fraud and false statement charge.

On March 1, 2022, Paulsen pleaded guilty to one count of conspiracy to defraud the United States. Paulsen is set for sentencing on January 23, 2023 and faces up to five years in prison.

On August 16, 2022 Hancock pleaded guilty to one count of conspiracy to commit wire fraud. Hancock is set for sentencing on November 14, 2022 and faces up to 20 years in prison.

U.S. Attorney Ashley C. Hoff; Special Agent in Charge Jamie Willemin of the General Services Administration—Office of the Inspector General (GSA-OIG), Southwest and Rocky Mountain Investigations Division; Special Agent in Charge Ramsey Covington of the Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS), Southwest Field Office; Special Agent in Charge Scott Moreland of the U.S. Army Criminal Investigation Division, Major Procurement Fraud Field Office (USACID); and Special Agent in Charge Blair Holmstrand of the Air Force Office of Special Investigations (AFOSI), Procurement Fraud Detachment 3 in San Antonio made the announcement.

The GSA-OIG, IRS-CI, DCIS, USACID, and AFOSI continue to investigate this case. Individuals who may have information about this scheme or these defendants are asked to call the GSA-OIG fraud reporting hot line at (800) 424-5210, or go online to www.gsaig.gov and click on the “report FRAUD” link. U. S. Attorney Hoff extends her appreciation to the U.S. Attorney’s Offices in the Eastern District of Virginia, Southern District of Ohio and Northern District of Georgia for their valuable assistance.

Assistant U.S. Attorneys William F. Lewis, Jr and Kelly G. Stephenson, and Special Assistant U.S. Attorney Jay Porier are prosecuting this case.

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SAN ANTONIO – Two men were arrested yesterday in San Antonio on criminal charges related to their alleged involvement in an attorney impersonation scheme.

According to court documents, beginning in December 2019, Jose Maria Guerrero, 68, of Olmos Park, and Rodolfo Solis Zepeda, 75, of San Antonio, devised a scheme to have Guerrero, who is not a licensed attorney, impersonate Zepeda, who is a licensed attorney, in telephonic immigration court hearings.  Guerrero was formerly a Texas licensed attorney who resigned from the Texas bar in lieu of disciplinary actions in 2016. 

Zepeda, or one of his employees, gave Zepeda’s law firm’s business phone number to the immigration court for use during the telephonic hearings.  The call from immigration court was then forwarded to Guerrero’s personal cell phone.  Guerrero would claim to be Zepeda and proceed with the hearing. 

Homeland Security Investigations (HSI) agents identified at least 100 different occasions where Guerrero appeared as Zepeda before immigration courts.

Guerrero and Zepeda are charged with one count of conspiracy to defraud the United States and five counts of false statements. If convicted, the defendants face up to five years in prison on each of the six counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and HSI Acting Special Agent in Charge Craig Larrabee made the announcement.

HSI is investigating the case.

Assistant U.S. Attorney Justin Chung 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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SAN ANTONIO – A San Antonio man pleaded guilty yesterday to one count of conspiracy to commit wire fraud and computer fraud for a scheme utilizing Subscriber Identity Module (SIM) swapping.  SIM Swapping is an increasingly common method of fraud in which a victim’s cell phone carrier is compromised to re-assign a phone number from one SIM card to another.  This allows bad actors to intercept phone and text communications and use them to compromise the phone owner’s other accounts. 

According to court documents, Andrew Percy Trujillo, 22, along with his co-defendant Zena Elisa Dounson, 34, of San Antonio, devised a scheme to SIM swap mobile customers’ phones at a local AT&T store.  Dounson was employed at the store and allowed Trujillo to add himself as an authorized user to multiple victims’ AT&T accounts where Trujillo then ported a victim’s SIM card credentials to his own devices’ SIM cards.  This caused calls and texts to the victims’ phone numbers to be sent to devices controlled by Trujillo rather than the rightful owners.  Co-conspirators were able to  access the victims’ various cryptocurrency accounts and transfer out at least $250,000 worth of cryptocurrency.

Trujillo pleaded guilty to one count of conspiracy to commit computer fraud and abuse as well as wire fraud. Dounson previously pleaded guilty to the same offense on September 27, 2022.  The co-defendants are currently set for sentencing on January 5, 2023.  Both defendants face up to five years 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 Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Oliver E. Rich Jr. made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorneys Justin Chung and Michael Galdo are prosecuting the case.

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EL PASO – Edwin Alejandro Rodriguez, 21, pleaded guilty this week and Martin Najera, 30, pleaded guilty last week to buying firearms and then smuggling them to Mexico.  Both are U.S. citizens living in Mexico.

According to court documents, Homeland Security Investigations (HSI) began an investigation in April 2022 into reports that Rodriguez and Najera were purchasing firearms and exporting them to Mexico.  Agents from HSI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were able to identify approximately 31 firearms that were bought by the pair and then transported to Mexico.

Rodriguez and Najera pleaded guilty to one count of conspiracy to smuggle goods from the United States.  Sentencing for both defendants is expected in December.  The defendants face up to five years 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 Ashley C. Hoff of the Western District of Texas; HSI Special Agent in Charge Frank Burrola, El Paso Division; and ATF Special Agent in Charge Jeffrey C. Boshek II, Dallas Division, made the announcement.

HSI and ATF are investigating the case.

Assistant U.S. Attorney Ellen Denum is prosecuting 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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SAN ANTONIO – The U.S. Attorney’s Office for the Western District of Texas announced today that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice, it is joining the Justice Department’s Transnational Elder Fraud Strike Force as one of 14 additional U.S. Attorney’s Offices. Since 2019, current Strike Force members — including the Department’s Consumer Protection Branch, six U.S. Attorneys’ Offices, the FBI, U.S. Postal Inspection Service and Homeland Security Investigations — have brought successful cases against the largest and most harmful global elder fraud schemes and worked with foreign law enforcement to disrupt criminal enterprises, disable their infrastructure and bring perpetrators to justice.

Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat sophisticated fraud schemes that target or disproportionately impact older adults. The expansion will increase the total number of U.S. Attorneys’ Offices comprising the Strike Force from six to 20, including all of the U.S. Attorneys’ Offices in the states of California, Arizona, Texas, Florida, Georgia, Maryland and New York.

 “We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“Older adults are often exploited and victimized by fraud schemes that deplete their financial resources at a time in their lives when those resources are most needed and most often irreplaceable,” said U.S. Attorney Ashley C. Hoff.  “We are committed to pursuing justice for older adults throughout communities in the Western District of Texas. We look forward to working with other members of the Transnational Elder Fraud Strike Force and our state and local law enforcement partners in this pursuit.”

The Strike Force expansion will further enhance of the Department’s existing efforts to protect older adults from fraud and exploitation. During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters tackled by the Department and its partners ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims.

This past year, the Austin Division of the Western District of Texas prosecuted, Harry Cole, a Nigerian citizen, who was involved in a fraudulent “sweepstakes” scheme that targeted the elderly with losses in excess of $260 million.  Cole was sentenced to 166 months in prison and ordered to forfeit $850,000 and to pay $111,870.25 in restitution.  The San Antonio Division prosecuted Scherry Lynn Moses, an adult day care owner, for fleecing elderly victims out of their Medicaid and Social Security benefits.  Moses was sentenced to 60 months in prison and ordered to pay $1,784,817.96 in restitution.  The Court also entered a money judgment against Moses in the amount of $1,784,817.96, representing the proceeds that she obtained as part of the scheme. 

The Department also highlighted two other efforts, including success in returning money to victims and efforts to combat grandparent scams. 

In the past year, the Department has notified over 550,000 people that they may be eligible for payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.

Over the past year, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m.[ET]. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.

Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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On Thursday, Guatemalan nationals Armando Gael-Galicia aka Artemio Diego Andres Gonzalez and Luis Moreno-Gonzalez, 26, and Jose Diego Tercero-Gonzalez, 22, both of whom resided in Texas, pleaded guilty in federal court in the Western District of Texas to conspiracy to transport and harbor aliens for financial gain and resulting in death. At sentencing, each will face a statutory maximum penalty of life in prison.

In early May 2021, the body of a young indigenous Guatemalan woman was discovered in a remote area just outside of Odessa, Texas. On Aug. 23, 2021, Gael-Galicia and Tercero-Gonzalez were arrested in or near 910 Coyochic Avenue in Odessa, which was the location of the trailer where the victim was taken and died. Inside the trailer were additional migrants who had entered the country illegally, detailed ledgers, and more than 100 cell phones. Pursuant to their guilty pleas, the defendants admitted that they operated a prolific alien smuggling organization and were responsible for the transportation of the migrant who died.

This investigation is related to the recent indictment and arrests of Felipe Diego Alonzo aka Siete, 38; Nesly Norberto Martinez Gomez aka Canche, 37; Lopez Mateo Mateo aka Bud Light, 42; and Juan Gutierrez Castro aka Andres, 45; in Guatemala in August 2022. Those defendants allegedly conspired with other smugglers to facilitate the travel of large numbers of migrants from Guatemala through Mexico, and ultimately, to the United States, charging the migrants and their families approximately $10,000 to $12,000 for the perilous journey. In addition to prolific smuggling of migrants to the United States, the human smugglers targeted in the August 2022 operation are alleged to be responsible for the death of the same indigenous Guatemalan woman transported by Gael-Galicia and Tercero-Gonzalez. Guatemalan authorities arrested Diego Alonzo, Martinez Gomez, Mateo Mateo, and Gutierrez Castro pursuant to requests for their extradition by the United States.

“Joint Task Force Alpha (JTFA) was created to investigate and prosecute the international networks responsible for dangerous human smuggling activities that exploit and victimize migrants,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Through extensive coordination with our U.S. Attorney’s Office and law enforcement partners, yesterday’s guilty pleas emphasize JTFA’s comprehensive mission to leave no stone unturned in its efforts to hold accountable all those who treat human life like a commodity.”  

“I am incredibly thankful for the collaborative law enforcement efforts that resulted in these guilty pleas,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Not only are they indicative of joint efforts to hold callous human smugglers accountable but they also demonstrate our firm commitment to ensuring that all victims receive justice.”

"While this conviction is a significant win for law enforcement agencies and task force partners, it’s equally important to acknowledge the closure and semblance of justice it brings the family and friends of the victims," said Acting Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “Human smugglers who conspire to undermine federal laws for profit have no regard for human life and combating this horrific crime of exploitation is one of our agency’s top priorities. Rest assured, HSI special agents will continue to utilize their broad range of authority and international footprint to identify, investigate, and disrupt domestic and transnational criminal organizations engaged in human smuggling operations around the world.”

“Transnational criminal organizations put profit over human lives,” said CBP Deputy Commissioner Troy Miller. “CBP has dedicated significant time, effort, and resources to strike at the heart of this problem through joining initiatives like Joint Task Force Alpha. These partnerships are critical to disrupting the criminals who prey on vulnerable individuals.”

This investigation was coordinated under Joint Task Force Alpha (JTFA). JTFA was created by Attorney General Merrick B. Garland in June 2021 in partnership with the Department of Homeland Security (DHS) to strengthen the Department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other interagency law enforcement participants, and with foreign law enforcement partners, including El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations who have the most impact on the United States, and coordinated significant smuggling indictments and extradition efforts in U.S. Attorney’s Offices across the country. To date, JTFA’s work with its partners has resulted in criminal charges and over a hundred domestic and international arrests, including against leaders, organizers, and significant facilitators of human smuggling activities; several dozen convictions; significant jail sentences imposed; and substantial asset forfeiture. JTFA is comprised of detailees from southwest border U.S. Attorney’s Offices, 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, and dedicated support for the program is also provided by numerous components of the 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 Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration (DEA), and other partners.

HSI Midland led U.S. investigative efforts, working in concert with HSI Guatemala and the HSI Human Smuggling Unit in Washington, D.C. HSI received substantial assistance from the U.S. Immigration and Customs (ICE)’s Enforcement and Removal Operations, U.S. Customs and Border Protection’s National Targeting Center/Operation Sentinel; the U.S. Border Patrol; the U.S. Marshals Service; the Odessa and Midland Police Departments; the Texas Department of Public Safety; and the Ector County, Midland County, and Crane County Sherriff’s Offices. The Department of Justice thanks Guatemalan law enforcement, who were instrumental in furthering this investigation.

The case is being handled by JTFA Co-Director James Hepburn of HRSP and Assistant U.S. Attorneys John Fedock and Jose Luis Acosta for the Western District of Texas and JTFA, with assistance from HRSP Historian/Latin America Specialist Joanna Crandall and Money Laundering and Asset Recovery Section Trial Attorney Daria Andryushchenko. The Justice Department’s Office of International Affairs and Office of Overseas Prosecutorial Development, Assistance and Training provided significant assistance.

The charges contained in an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

ALPINE – A Midland man was sentenced today to a total of 200 months in prison for possessing fentanyl and illegally possessing a firearm.

According to court documents, Edgar Parra, 36, sold a total of 112.3 grams of fentanyl to undercover DEA operatives on three separate occasions between August and October 2021.  On November 11, 2021, the Midland Police Department executed a search warrant on Parra’s hotel room where they  found a loaded handgun along with 3.7 grams of methamphetamine.

On March 23, 2022, Parra pleaded guilty to one count of conspiracy to possess with intent to distribute fentanyl and one count of possessing a firearm during and in furtherance of a drug trafficking crime.  Parra has remained in federal custody since he was arrested on federal indictment charges on January 21, 2022.

“Prosecuting crimes involving deadly fentanyl is a priority for our office,” said U.S. Attorney Ashley C. Hoff. “We are thankful for the collaborative efforts of our law enforcement partners that have taken another fentanyl dealer off the streets such that he is no longer peddling this poison.”

“Illicit fentanyl is killing Americans across our nation, including in West Texas communities,” said Drug Enforcement Administration (DEA) Special Agent in Charge Greg Millard, El Paso Division. “This case shows that DEA and its law enforcement partners will ensure that criminals who deal in this deadly substance are held responsible for the harm they cause.”

DEA, with assistance from the Midland Police Department, investigated the case.

For more information on the dangers of fentanyl and DEA’s One Pill Can Kill campaign, please visit https://www.dea.gov/onepill.

Assistant U.S. Attorney Matthew Ellis 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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