Western District of Texas

WACO – Today Darius Letrayal King, 29, of Killeen was sentenced to 427 months for carjacking and armed robberies of local stores.

According to court documents and evidence presented at trial, King, along with his codefendant Corey Labon Jackson, 51, also of Killeen, committed armed robberies of a 7-Eleven and a Family Dollar store in January 2020. King drove Jackson to the stores and provided him a firearm while Jackson robbed the stores at gun point.  On January 3, 2020, King also committed a carjacking, taking a vehicle at gunpoint from an acquaintance.

On March 10, 2022, King was found guilty by a federal jury sitting in Waco of one count of Carjacking; three counts of Brandishing a Firearm During the Commission of a Crime of Violence; two counts of Interference with Commerce by Robbery; and one count of Possession of a Firearm by a Convicted Felon.  King has remained in federal custody since his arrest on January 8, 2020.

On February 22, 2022, Jackson pleaded guilty to one count of Interference with Commerce by Robbery and one count of Brandishing a Firearm During the Commission of a Crime of Violence.  On May 18, 2022, Jackson was sentenced to a total of 144 months in prison.  Jackson has remained in federal custody since his arrest on January 8, 2020.

“Those who perpetrate violence among us forfeit their freedom,” said Executive Assistant U.S. Attorney Kristy Callahan. “Mr. King’s prison sentence reflects that very notion and is appropriate given his crimes. Our law enforcement partners are to be commended for acting quickly to protect our communities.”

“Today’s sentencing sends a clear message that violent criminal acts will not be tolerated,” said Special Agent in Charge Oliver E. Rich Jr., FBI, San Antonio Division. “We maintain our steadfast commitment to work with our federal, state and local partners to address violent crime in our communities."

The FBI and the Killeen Police Department’s Violent Crime Unit, with invaluable assistance from the Temple Police Department, investigated the case.

Assistant U.S. Attorney Mark Frazier prosecuted the case.

This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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ALPINE – Robinson Mendoza-Gomez, 22, a Guatemalan citizen, was sentenced on Monday to 21 months for assaulting a federal officer.

According to court documents, on December 14, 2021, Border Patrol agents near Van Horn attempted to apprehend a group of suspected undocumented noncitizens.  Mendoza demanded one of the agents release a person in the group.  Mendoza then charged and struck the agent injuring the agent’s face.

“An assault on a federal officer is detrimental to a peaceful society and impacts us all,” said Executive Assistant U.S. Attorney Kristy Callahan.  “The United States Attorney’s Office takes such violations seriously and will vigorously prosecute them.”

“The men and women of the United States Border Patrol work tirelessly to keep our borders safe every day,” said FBI El Paso Special Agent in Charge Jeffrey R. Downey.  “Assaults on Border Patrol agents or any other law enforcement officer will not be tolerated and will be investigated swiftly by our office so they can continue to carry out their sworn duty to protect our community and nation.”

On March 2, 2022, Mendoza pleaded guilty to one count of Forcibly Assaulting a Federal Officer.  Mendoza has remained in federal custody since his arrest on December 14, 2021.

The FBI investigated the case.

Assistant U.S. Attorney Scott V. Greenbaum prosecuted the case.

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EL PASO – An El Paso man was sentenced yesterday to 120 months in prison for his role in enticing a child to engage in sexual activity.

According to court documents, Lawrence Allen Schmidt, 53, began communicating through social media with a 14-year-old girl.  Schmidt’s conversation with the child became sexual in nature and he arranged to meet the girl at her house.  When he arrived, he had condoms, lubricant and candy in his possession.  Unbeknownst to Schmidt, he had been communicating with an undercover employee with the FBI.

On April 4, 2022, Schmidt pleaded guilty to one count of coercion or enticement of a female under 18 years of age.

 “Those who seek to manipulate children for their own sexual gratification deserve prison time,” said Executive Assistant U.S. Attorney Kristy Callahan.  “I am thankful for the efforts of our law enforcement partners to remove these predators from our streets.”

“Crimes against children are some of the most reprehensible acts that law enforcement is determined to prevent and punish once they occur,” said FBI El Paso Special Agent in Charge Jeffrey R. Downey. “We are thankful for the collaboration of our Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS), and El Paso Police Department partners on the El Paso Child Exploitation and Human Trafficking Task Force. It is because of this partnership that this individual is now facing a lengthy sentence for his crimes. We encourage parents to speak with their children about the dangers of online predators who use popular apps, games, and websites and to report any suspicious activity to law enforcement.”

The FBI, HSI, DPS, and El Paso Police Department investigated the case.

Assistant U.S. Attorney Catherine Dos Santos 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 –  Homero Zamorano Jr., 45, was arrested today on criminal charges related to his alleged involvement in alien smuggling resulting in death, in violation of Title 8, United States Code, Section 1324. 

According to court documents, on June 27, 2022, Homeland Security Investigations (HSI) responded to the scene of a human smuggling event involving a tractor trailer and 64 individuals suspected of entering the United States illegally.  San Antonio Police Department (SAPD) officers advised HSI Agents that they arrived at the location of the tractor trailer in southwest San Antonio after receiving 911 calls from concerned citizens.  At the scene, SAPD officers discovered multiple individuals some still inside the tractor trailer, some on the ground and in nearby brush, many of them deceased and some of them incapacitated.  SAPD officers were led to the location of an individual, later identified as Zamorano, who was observed hiding in the brush after attempting to abscond.  Zamorano was detained by SAPD officers. 

Laredo Sector Border Patrol provided HSI agents surveillance footage of the tractor trailer crossing through an immigration checkpoint. The driver could be seen wearing a black shirt with stripes and a hat.  HSI agents confirmed Zamorano matched the individual from the surveillance footage and was wearing the same clothing.

HSI confirmed that 48 individuals at the scene were deceased.  Of those 22 were Mexican nationals, seven Guatemalan nationals, two Honduran nationals and 17 of unknown origin but suspected to be undocumented non-citizens (UNCs).  HSI confirmed the undocumented status of the deceased individuals by utilizing a mobile fingerprint device.  Sixteen of the 64 undocumented individuals were transported to local hospitals for medical evaluation. Five died at the hospital.  Officials are working with foreign consulate offices for proper notifications to family members of the deceased.

Zamorano is charged by criminal complaint with one count of alien smuggling resulting in death. He is originally from Brownsville but resides in Pasadena, TX.  If convicted, Zamorano faces up to life in prison or possibly the death penalty.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Also charged by criminal complaint is Christian Martinez, 28, who was arrested on June 28, 2022 in Palestine.  He is charged with one count of conspiracy to transport illegal aliens resulting in death.  According to court documents, a search warrant was executed on a cell phone belonging to Zamorano.  Through investigation, it was discovered that communications occurred between Zamorano and Martinez concerning the smuggling event.  If convicted, Martinez faces up to life in prison or could face the death penalty.  Martinez had an initial appearance today in Tyler.  He will be transported to San Antonio for further proceedings.

In addition to arrests of Zamorano and Martinez, Juan Claudio D’Luna-Mendez, 23, and Juan Francisco D’Luna-Bilbao, 48, both citizens of Mexico, were arrested and had initial appearances on June 27, 2022.  According to court documents, the registration for the tractor trailer used in the attempted alien smuggling event came back to a residence in San Antonio.  SAPD officers set up surveillance on the residence and observed two males leaving in separate trucks.  After traffic stops on both trucks, the drivers were identified as D’Luna-Mendez and D’Luna-Bilbao.  D’Luna-Bilboa was in possession of a handgun that was found in the center console of the truck he was driving.  A search warrant was executed at the residence where additional firearms were located.  Both individuals were determined to be in the U.S. illegally and were charged by criminal complaint with one count of possession of a weapon by an alien illegally in the U.S. in violation of Title 18, United States Code, Section 922(g)(5).  If convicted, both defendants face up to 10 years in prison. 

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Homeland Security Investigations (HSI) Acting Special Agent in Charge Craig Larrabee, San Antonio Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Houston Division, made the announcement.

The HSI and ATF, with valuable assistance from the San Antonio Police Department and the Palestine Police Department, are investigating the case.

Assistant U.S. Attorneys Amanda Brown, Matthew Lathrop and Sarah Spears are prosecuting the case.

A criminal complaint 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 – “San Antonio first responders and law enforcement discovered a tragic and disturbing scene yesterday evening on the southwest side of San Antonio. Dozens of immigrants were found dead or incapacitated in and around a tractor trailer with over a dozen others hospitalized in critical condition. All were the apparent victims of human smugglers indifferent to the well-being of human life. The South Texas heat is brutal this time of year, especially given the recent record-high temperatures. We will continue to work with the Homeland Security Investigations and the local responders to identify and bring those who were responsible for this tragedy to justice.”

Ashley C. Hoff, United States Attorney, Western District of Texas

 

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EL PASO – An El Paso man was sentenced today to 293 months in federal prison for his role in two deaths resulting from a cocaine overdose in November 2017.

On February 24, 2022, Paris Lamont Dennis, 39, pleaded guilty to one count of distribution of a controlled substance, causing serious bodily injury. According to court documents, on or about November 18, 2017, Dennis distributed cocaine, a Schedule II Controlled Substance, which resulted in the death of two individuals. Dennis, a known drug dealer, found the victims unresponsive after giving them a use amount of cocaine. The Medical Examiner reported that the victims died from accidental overdose with toxic levels of cocaine in their systems.

“Drug overdose deaths are at a record high,” said Ashley C. Hoff, United States Attorney for the Western District of Texas. “Our office will continue to pursue and hold accountable those responsible for distributing controlled substances resulting in injuries and deaths.”

“The drugs Mr. Dennis distributed killed two young El Pasoans, and today he learned his punishment,” said Drug Enforcement Administration (DEA) Special Agent in Charge Greg Millard, El Paso Division. “Others who insist on peddling drugs to members of the community should take notice. DEA will leverage all resources to investigate, and we will not rest until all those responsible are brought to justice, however long it takes.”

This case was investigated by DEA and the El Paso Police Department. 

Assistant U.S. Attorney Phillip Countryman prosecuted the case.

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PECOS – A federal jury convicted a Fort Stockton man this week of one count of endangerment of a child.

According to court documents and evidence presented at trial, on February 5, 2022, Big Bend National Park Rangers found an abandoned vehicle belonging to Hector Flores Jr., 48, located in a very remote part of Big Bend National Park about 20 miles from the Mexican border.  Birth certificates for Flores and a nine-year-old child were found in the vehicle.  Evidence in the area suggested the nine-year-old was with Flores.  Park Rangers and U.S. Customs and Border Protection personnel initiated a search. 

Further investigation revealed Flores withdrew the child from school on January 4 and did not enroll the child in a new school.  Around January 28, 2022, a camera recorded Flores’ vehicle entering Big Bend National Park.  Flores’ vehicle was found in an area that offers no food, water or shelter. On February 14, 2022, Mexican authorities located Flores and the child in Mexico and detained Flores but returned the child to the U.S.  The child reported to authorities that they ran out of food and had not eaten for four days.  In addition, the weather from January 28 to February 13 included subfreezing temperatures and heavy rains. 

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 and the Big Bend National Park Service, with valuable assistance from the U.S. Customs and Border Protection, are investigating the case.

Assistant U.S. Attorneys Scott V. Greenbaum and William Calve are prosecuting the case.

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EL PASO – An El Paso man pleaded guilty yesterday to multiple counts of an indictment for his involvement in a tax fraud scheme.

According to court documents, Elein Rodela Jr., 41, was a tax preparer in the El Paso area.  From August 2016 to August 2018, Rodela perpetrated a scheme to defraud the Internal Revenue Service (IRS) by filing false tax returns and then receiving the ill-gotten refunds.  The scheme involved using legitimate W2 forms to file fraudulent tax returns and obtain federal tax refund checks in the name of non-citizens working in the U.S. To further his scheme, Rodela opened P.O. boxes in El Paso, Texas and New Mexico, and used these addresses to receive the fraudulently obtained tax refund checks.  He subsequently cashed the refund checks and laundered the money through a bank account belonging to a children’s sports team. Rodela’s scheme resulted in a total loss to the IRS of approximately $670,217.

Rodela pleaded guilty to three counts of mail fraud; one count of wire fraud; four counts of aggravated identity theft; five counts of money laundering; and one count of theft of government funds. A sentencing date has not been set.  Rodela faces up to 20 years in prison on each of the mail fraud, wire fraud, identity theft, and money laundering counts.  He faces up to 10 years in prison on the theft of government funds count.  A federal district court judge will determine any sentence and restitution 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 Special Agent in Charge Ramsey E. Covington, Houston Field Office, made the announcement.

The IRS is investigating the case.

Assistant U.S. Attorneys Ellen Denum and Shane Wagman Romero are prosecuting the case.

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SAN ANTONIO – A San Antonio man was sentenced today to 28 years in prison for production of child pornography.

According to court documents, Jeremy Shawn Lopezieo, 35, participated in a live chat through social media.  During the chat he live streamed the sexual abuse of a child not realizing he was chatting with an undercover agent with the FBI’s Child Exploitation Task Force.  The FBI immediately located and arrested Lopezieo and rescued the child.

On January 20, 2022, Lopezieo pleaded guilty to one count of production of child pornography.  In addition to the prison sentence, Lopezieo also was ordered to pay $50,000 to the victim.  After his prison term, he will serve 25 years on supervised release.  He has remained in custody since his arrest on February 28, 2019.

“I am hopeful the sentence handed down to Lopezieo gives the victim some sense of justice, even though it cannot mitigate a lifetime of trauma,” said U.S. Attorney Ashley C. Hoff.  “I am thankful the FBI intervened so quickly in this case and stopped the abuse of this predator.”

“Today’s sentencing is a reminder of the need for continued and aggressive pursuit of all those that would rob children of their innocence and harm them in such a despicable manner,” said FBI Special Agent in Charge Oliver E. Rich Jr.  “The FBI and our law enforcement partners in our Child Exploitation Task Forces are committed to protecting children from these horrible predators and will do everything we can to bring these perpetrators to justice.”

The FBI, with valuable assistance from the San Antonio Police Department and the 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 former El Paso police officer was sentenced today to 24 months in prison for her involvement in a conspiracy to maintain a drug-involved premise.

According to court documents, Monica Garcia, 24, conspired with Fred Saenz, her stepfather and co-defendant, to use Saenz’s residence to distribute cocaine. Agents determined that Saenz was using his residence and a separate stash location to store and distribute cocaine.  Garcia used her position as an El Paso police officer to provide information that helped Saenz avoid detection by law enforcement while he distributed cocaine.  Her activities included conducting counter-surveillance and running license plate registrations to identify undercover police vehicles near the residence and stash house.

On November 10, 2020, agents seized $14,405 from Saenz’s residence and 1.2 kilograms of cocaine from a stash house he used. During the investigation undercover agents bought quantities of cocaine from Saenz at his residence.  

On July 26, 2021, Fred Saenz pleaded guilty to one count of conspiracy to possess with intent to distribute over 500 grams of cocaine. On November 1, 2021, Saenz was sentenced to 42 months in prison and ordered to forfeit $14,405 derived from the drug conspiracy.

On August 9, 2021, Garcia pleaded guilty to one count of conspiracy to maintain a drug-involved premise.

“Thanks to the collaboration between the Drug Enforcement Administration (DEA) and the El Paso Police Department we were able to see that justice was done in this case,” said U.S. Attorney Ashley C. Hoff.  “This sentence is a message that corruption, at any level, will not be tolerated.” 

“Drug traffickers will stop at nothing, including trying to infiltrate law enforcement. But we can't let them,” said DEA Special Agent in Charge Greg Millard, El Paso Division. “DEA and its local, state, and federal partners will remain diligent in finding and prosecuting anyone who supports, funds, or aids the cartels.”

“An officer that chooses to violate their oath has no place in law enforcement and this case serves as an example that the El Paso Police Department does not condone and will not tolerate such conduct by any officer of this department,” said El Paso Chief of Police Greg Allen.  “I would like to thank the DEA and Special Agent in Charge at the time, Kyle Williamson, for taking the lead in investigating the case.  I would also like to thank and commend the U.S. Attorney's Office for the Western District of Texas for the successful prosecution and subsequent sentencing.”

The DEA and the El Paso Police Department’s Narcotics Unit and Special Investigations Unit investigated the case.

Assistant U.S. Attorneys Michael Williams and Steven Spitzer prosecuted this case on behalf of the government.

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PECOS – A federal jury sitting in Pecos convicted a Marfa man last week for possession with intent to distribute methamphetamine.

According to court documents and evidence presented at trial, Stephen Dudley Brunson, 63, was stopped for a traffic violation.  Brunson was subsequently arrested for Class C offenses involving the license plate and temporary permit displayed on the vehicle he was driving.  When Brunson was searched incident to arrest, several knives and brass knuckles were found on his person as well as over 27 grams of methamphetamine. 

A sentencing date has not been scheduled yet.  Brunson faces up to 20 years in prison.  He has remained in federal custody since his arrest on February 18, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration (DEA) Special Agent in Charge Greg Millard, El Paso Office, made the announcement.

The DEA and the Texas Department of Public Safety are investigating the case.

Assistant U.S. Attorney Amy L. Greenbaum and Sarah Spears are prosecuting the case.

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WACO – A multi-agency investigation into a methamphetamine distribution ring has led to multiple defendants being indicted and arrested.

On June 14, 2022, a federal grand jury sitting in Waco handed down five indictments charging a total of 27 defendants. 

The following defendants were each charged with one count of conspiracy to possess with intent to distribute at least 500 grams of methamphetamine.  According to the indictments the conspiracy began in January 2021. 

Charged in W22CR095:  Jason Fletcher, 38, of Belton and Luis Guillermo Martinez, 28, of Waco.  If convicted, Fletcher and Martinez face up to life in prison.

Charged in W22CR096:  Karen Pendola Bennett, 45, of Waco; Jesus Espinoza Lopez, 33, of Waco; Patricia Nelson, 49, of Waco; Robert Johnson, 46, of Woodway; and Clayton Wilkins, 62, of Waco.  If convicted, Bennett, Lopez, Nelson and Johnson face up to life in prison.  Wilkins, if convicted, faces up to 40 years in prison.

Charged in W22CR109:  Alejandro Solis, 32, of Waco; Jesus Castellanos-Renteria, 39, of Houston; Gustavo Alvarado Guerrero, 29, of Waco; William Charles Herrera, 30, of Waco; Maria Picon, 35, of Clifton; Rogers Anthony Marshall, 49, of Valley Mills; Denecia Alley, 32, of Waco; Jovita Ibarra, 28, of Waco; Lance John Showen, 51, of Waco; Hector Dominguez, 31, of Waco; Nicholas Ray Ramirez, 41, of Waco; Flocelo Mondragon Jr., 35, of McGregor; Alfred Turner, 28, of Waco; Areli Martinez Torrez, 38, of McGregor; Alexxus Briann Arocha, 26, of Waco; Felix Alberto Huezo-Hernandez, 33, of Waco; Sonya Renee Hughes, 44, of Waco; and Steven Merritt, 52, of Bruceville-Eddy.  If convicted, Arocha, Huezo, Hughes and Merritt face up to 40 years in prison.  All other defendants, if convicted, face up to life in prison.

Marshall and Picon are also charged with one count of possession of a firearm in furtherance of a federal drug trafficking crime.  If convicted, they face up to five years in prison to run consecutive to any other sentence they receive.

Not charged with the conspiracy drug count is Able Chavez, 25, of Waco.  Chavez is charged in W22CR094 with one count of possession with intent to distribute at least 500 grams of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.  If convicted, Chavez faces up to life in prison on the drug count and up to five years in prison on the gun count to run consecutive to any other sentence he receives. 

Also not charged with the conspiracy drug count is Andrew Ochoa, 36, of Waco.  Ochoa is charged in W22CR093 with one count of making a false statement in acquisition of a firearm. If convicted, Ochoa faces up to 10 years in prison.  Investigation revealed Ochoa was purchasing and delivering firearms to a 13-year-old child.

All defendants have been arrested except for Karen Pendola Bennett who remains a fugitive in this case.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Oliver E. Rich Jr., San Antonio Division; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux, Houston Division; Waco Police Department Chief of Police Sheryl D. Victorian; McLennan County Sheriff Parnell McNamara; Bell County Sheriff Eddy Lange; and Texas Department of Public Safety (DPS) Regional Director Todd H. Snyder made the announcement.

The FBI; DEA; Waco Police Department; McLennan County Sheriff’s Office; Bell County Sheriff’s Office; and DPS are investigating the case.

Assistant U.S. Attorney Stephanie Smith-Burris is prosecuting the cases.

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 – Kevin Holguin-Cano, 29, of El Paso pleaded guilty this week to receipt of child sexual abuse material.

According to court documents, in June 2021, agents executed a search warrant on the residence of  Holguin and found materials depicting a minor engaging in sexually explicit conduct.

Holguin pleaded guilty to one count of receipt and distribution of a visual depiction involving the sexual exploitation of a minor.  A sentencing date is not scheduled yet.  Holguin 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 Homeland Security Investigations Special Agent in Charge Frank Burrola, El Paso Division, made the announcement.

The HSI is investigating the case.

Assistant U.S. Attorney Mallory Rasmussen 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.

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AUSTIN – A Round Rock woman was sentenced today to 51 months in prison for embezzling from her employer.

According to court documents, Cynthia Linette Jones, 52, was the office manager for a Central Texas business.  In that role, she had access to the company’s accounting system and checkbook.  From 2012 to 2018, she forged over 70 company checks and stole over $775,000.

On November 30, 2021, Jones pleaded guilty to one count of bank fraud and one count of tax evasion.  In addition to the prison sentence, Jones was ordered to pay over $775,000 in restitution to her former employer and over $185,000 in restitution to the Internal Revenue Service.

“Institutions run on trust,” said U.S. Attorney Ashley C. Hoff.  “They depend on trusted individuals to do the right thing in the interests of their coworkers and employers.  Today’s sentencing reflects the seriousness of Jones’ abuse of her position and the determination of this office to seek stiff punishments against those who embezzle from their employers.”

“Cynthia Jones violated the trust placed in her by her employer through the multi-year theft of company funds while also violating the duty to report all income, even income illegally earned, to the IRS,” said Special Agent in Charge Ramsey E. Covington of the Internal Revenue Service-Criminal Investigations (IRS-CI), Houston Field Office.  “The sentencing today communicates the severity of both violations Jones committed, which should also serve as a deterrent reminder to other would-be tax evaders and white collar criminals.”

The IRS-CI investigated the case.

Assistant U.S. Attorney G. Karthik Srinivasan prosecuted the case.

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DEL RIO – Today Sergio Trevino, 35, a Mexican national was sentenced to a total of 214 months in prison for shooting at two U.S. Border Patrol agents near Brackettville.

According to court documents, on January 3, 2021, U.S. Border Patrol agents attempted to stop Trevino as he drove a Chevy Suburban northbound on Texas Ranch Road 334 just north of Brackettville.  A high-speed chase ensued when Trevino attempted to abscond.  During the pursuit, Trevino fired multiple shots at the agents.

Spike strips were used to bring the Suburban to a stop.  Trevino fled from the vehicle and was later apprehended.  Six Honduran nationals were found in the vehicle along with 28-year-old Jesseca Ann Whitmire, a U.S. citizen.

On March 31, 2021, Trevino pleaded guilty to one count of assault on a federal officer and one count of using a firearm during a crime of violence.  Trevino was sentenced to 94 months in prison on the assault charge and 120 months on the use of a firearm charge with both sentences to run consecutive.

“Sergio Trevino not only placed the lives of the U.S. Border Patrol agents who were attempting to apprehend him in peril, but also the lives of the undocumented noncitizens he was transporting and everyone traveling on the road that day,” said U.S. Attorney Ashley C. Hoff.  “Thankfully no one was seriously injured by his senseless and dangerous actions. The collective efforts of agents from the U.S. Border Patrol, FBI, ATF, and Homeland Security Investigations, brought Mr. Trevino to justice so that he will no longer be a threat to the community for many years to come.”

“This sentence is yet another example of the vital work being conducted by HSI, and its law enforcement partners, to target individuals who are part of dangerous transnational criminal organizations spreading crime and violence in our communities,” said Craig Larrabee, Acting Special Agent in Charge, HSI San Antonio. “HSI will continue to aggressively pursue these criminal networks who put the lives of others in jeopardy for financial gain. We will not let up in our efforts to dismantle and disrupt their illicit pathways, leverage all available resources, and work together with our law enforcement partners to pursue justice.”

“Today’s sentencing sends a strong message to those who would commit violent acts against federal officers,” said Special Agent in Charge Oliver E. Rich Jr. “The FBI will continue to work closely with the U.S. Attorney’s Office and our law enforcement partners to hold violent criminals accountable for their actions at the border as well as throughout the United States.”

On June 14, 2021, Whitmire pleaded guilty to one count of conspiracy to transport illegal aliens in violation of Title 8, United States Code, Section 1324 and faces up to 10 years in federal prison. Whitmire is scheduled to be sentenced on April 4, 2023.

Trevino and Whitmire have remained in federal custody since their arrests on January 3, 2021.

HSI and FBI are investigating this case.  The Texas Department of Public Safety, Kinney County Sheriff’s Office and Real County Sheriff’s Office assisted Border Patrol agents in apprehending Trevino, Whitmire and the undocumented noncitizens.  

Assistant U.S. Attorney Larry W. Fadler Jr., is prosecuting this case on behalf of the government.

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AUSTIN – An Austin man was sentenced today to over 18 years in prison for robbing Austin-area convenience stores while brandishing a firearm.

According to court documents, in May of 2021, David Olmos, 35, robbed two Austin convenience stores at gunpoint.  At that time, Olmos had been released on a pending state-court case on a personal recognizance bond.  On both occasions, Olmos approached the store clerk and asked for a cigarillo or cigarettes.  When the clerks turned away, Olmos displayed a handgun and demanded money from the cash registers.  On May 25, 2021, Olmos was arrested after having committed multiple other violent crimes, including other commercial robberies and a carjacking.

On January 6, 2022, Olmos pleaded guilty to one count of interfering with commerce by threats or violence and two counts of brandishing a firearm in furtherance of a crime of violence.  

“The sentence imposed today sends a strong and clear message,” said U.S. Attorney Ashley C. Hoff.  “Federal prosecutions for violent crime lead to hard time.  Along with our law enforcement partners, we will continue to use every tool in the federal toolbox to prosecute offenders and reduce violent crime in our communities.”

“Removing this type of danger from the streets has an immediate impact on the safety of our community,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski.  “This case is a perfect example of ATF’s commitment to working with our law enforcement partners to ensure that those who commit dangerous crimes in our communities are held accountable for their actions.”

The ATF and the Austin Police Department investigated the case, with assistance from the Texas Department of Public Safety and the Travis County Sheriff’s Office.

Assistant U.S. Attorney Gabriel Cohen prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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SAN ANTONIO – The U.S. Attorney’s Office is alerting the public of imposter scams involving individuals claiming to represent the U.S. Attorney’s Office. 

During these calls, scammers may attempt to collect money in lieu of arrest for a variety of false charges.  They may tell victims they can avoid arrest by purchasing a prepaid debt card or gift card and read the card number over the phone to satisfy the debt or by sending cash.

Scammers use many tactics to sound and appear credible.  They sometimes provide information like actual names of federal prosecutors and federal office addresses.  They also spoof their phone numbers to appear on caller IDs as if they are calling from a government agency such as the U.S. Attorney’s Office.

Remember that the U.S. Attorney’s Office will never ask you to purchase a gift card or give out a credit card number to avoid arrest.

Please call the San Antonio FBI office at 210-225-6741 to report scam calls pretending to be from the U.S. Attorney’s Office.

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AUSTIN – A San Antonio man was sentenced today to 72 months in prison for arson.

According to court documents, on September 29, 2021, Ryan Taylor Faircloth, 31, threw a Molotov cocktail through the window of the Travis County Democratic Party office in downtown Austin, causing a fire.  Faircloth admitted to targeting the political party office because he opposed positions he believed to be taken by the Democratic Party.  A good Samaritan was able to extinguish the fire before 911 responders arrived.

On January 10, 2022, Faircloth pleaded guilty to one count of arson.  In addition to the prison sentence, Faircloth was ordered to pay $12,472.84 in restitution and a $5,000 fine.

“Violence in the political process is unacceptable,” said U.S. Attorney Ashley C. Hoff.  “We all must respect the rule of law. Those who commit acts of violence or destroy property for a political or ideological agenda will be held accountable for their crimes. My office will continue to investigate and bring to justice anyone who uses violent acts to harm, intimidate or coerce their fellow citizens participating in the political process.”

"Those who commit violence for any ideological agenda will be held accountable for their actions," said FBI San Antonio Special Agent in Charge Oliver E. Rich Jr.

The FBI Joint Terrorism Task Force, with assistance from the Austin Police and Fire Departments, investigated the case.

Assistant U.S. Attorneys G. Karthik Srinivasan and Michael C. Galdo prosecuted the case.

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SAN ANTONIO – Yesterday, a Mexican national living in Lytle was sentenced to 120 months in prison and ordered to pay $45,000 in restitution for receiving child pornography.

According to court documents, on October 23, 2020, the FBI received information that Luis Rodolfo Hernandez Borjas, 29, stored images of child pornography on his laptop.  Further investigation revealed Borjas had over 1900 images and 17 video files depicting child pornography.  Borjas also admitted to sexually assaulting an eight-year-old child.

On June 22, 2021, Borjas pleaded guilty to one count of receipt of child pornography.  Borjas has remained in federal custody since his arrest on January 25, 2021.

“There are so many devastating consequences of this type of child exploitation,” said U.S. Attorney Ashley C. Hoff. “Not only are the lives of the victims forever adversely impacted, but the abuse of additional victims is perpetuated by normalizing the behavior in a child predator’s mind.  Our office will continue to vigorously prosecute those who prey upon children in such a manner.”

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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EL PASO – Yesterday, a federal jury convicted Fernando Angel Puga, aka Cholo, 36, from Las Cruces, NM, of kidnapping, carjacking resulting in serious bodily injury and transportation of a stolen vehicle in interstate commerce.

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 causing factures to the victim’s skull and arms, and severe puncture wounds and lacerations to his body and hands.

Puga’s sentencing date has not been set.  He faces up to life in prison for the kidnapping charge; up to 25 years in prison on the carjacking charge; and up to 10 years in prison for the stolen vehicle charge.

On February 2, 2022, Quinonez pleaded guilty to one count of carjacking resulting in serious bodily injury.  He is scheduled to be sentenced on July 28, 2022.  He faces up to 25 years in prison.

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 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, is investigating the case.

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

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SAN ANTONIO – A Pleasanton man was sentenced today to 75 months in prison for receipt of child pornography.

According to court documents, Homeland Security Investigations (HSI) agents executed a search warrant in July 2019 at the residence of Daniel Lee Ogorzolka, 70.  Two devices were seized that contained over 25 videos and over 2,000 images of prepubescent children engaged in sexually explicit conduct.  

Ogorzolka has remained in federal custody since his arrest on November 27, 2019. He pleaded guilty to one count of receipt of child pornography in March 2022.  In addition to his prison term, Ogorzolka was also sentenced to 10 years of supervised release and ordered to pay $20,000 in restitution. 

“Today’s sentence serves as a strong message to anyone who seeks to sexually exploit and endanger children,” said U.S. Attorney Ashley C. Hoff. “You will be investigated; you will be identified; and you will be prosecuted to the full extent of the law.”

“HSI San Antonio remains committed in partnering with the National Center for Missing and Exploited Children (NCMEC) and other industry partners to identify individuals distributing child pornography on the internet,” said Acting Special Agent in Charge Craig Larrabee. “Investigating those who prey on our children remains a top concern for HSI and our partners. Together, we continue to dedicate our resources under Operation Predator to identify and investigate those who victimize our most vulnerable population”.

HSI 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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AUSTIN – Today an Austin man was sentenced to 70 months in prison and ordered to pay $5,052,366.92 in restitution for his role in a fraud scheme.

According to court documents, from 2012 until June 2018, Jason Michael Schubert, 47, devised a scheme to bilk hotel investors out of millions of dollars.  Schubert identified potential investors by conducting seminars on how to make money from investing in hotel properties, known as “Rich in Five” seminars, charging the participants substantial fees to attend.  Schubert then solicited money from the participants for investing in preexisting hotel properties that he would manage and operate while claiming that investors would profit with little effort on their part. 

However, many of the hotels were older and in substantial disrepair.  Although Schubert had no hotel management experience, he represented that investor funds would be used to renovate the hotels. Instead, he misappropriated the money by paying himself significant “management fees.”  Schubert’s fraudulent activities depleted investor funds, causing the hotel properties to go into foreclosure with a loss of over $5 million to investors.

On December 2, 2020, Schubert pleaded guilty to one count of wire fraud and one count of engaging in a monetary transaction involving criminally derived property. 

“This defendant engaged in a complex fraud involving commercial real estate, moving funds among numerous bank accounts, and making many false promises to well-intentioned investors,” said United States Attorney Ashley C. Hoff.  “Like so many other fraud schemes, this scheme was designed to line the defendant’s own pockets with other people’s hard-earned money.  Now that his scheme has been dismantled, we are confident that the prosecution and sentencing of this defendant will bring a measure of justice to his victims.” 

“This is a clear case of a criminal taking advantage of investors by misappropriating their life savings for his own financial gain,” said FBI Special Agent in Charge Oliver E. Rich. “The FBI will continue its vigorous pursuit of those who commit these types of fraudulent schemes to hold them accountable for their actions.”

This case was investigated by the FBI, with assistance from Internal Revenue Service – Criminal Investigations, the Texas State Securities Board, and the Texas Department of Insurance. 

Assistant U.S. Attorney Matthew Devlin prosecuted the case.

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SAN ANTONIO – Yesterday, a Schertz man was sentenced to 168 months in prison for transporting a minor to engage in criminal sexual activity.

According to court documents, in early January 2020, Kraig David Van Winkle, 36, used a social media application to start chatting with a minor in Arkansas.  Shortly thereafter, the conversation became sexual in nature. On January 9, 2020, Van Winkle arranged to meet with and ultimately brought the minor back to Texas with the intent to engage in sexual activity.  During the trip back to Texas, Van Winkle made the minor throw the minor’s cell phone in a drainage ditch.  He also handcuffed, bound the child with rope and placed tape across the child’s mouth when he left the victim alone in his residence.

On October 5, 2021, Van Winkle pleaded guilty to one count of transportation of a minor with intent to engage in criminal sexual activity.  Van Winkle has remained in federal custody since his arrest on January 13, 2020.

“I am thankful for the FBI and Springdale Police Department’s tireless efforts in locating the victim in this case,” said U.S. Attorney Ashley C. Hoff.  “Our office will continue to hold child predators accountable and to deliver justice for survivors.”

“This sentencing sends a strong message to those who would commit these types of heinous crimes, they will face justice and be held accountable for their actions,” said FBI San Antonio Division Special Agent in Charge Oliver E. Rich Jr.

The FBI, with valuable assistance from the FBI Little Rock Field Office and the Springdale, AR Police Department, 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 – In honor of National Police Week, United States Attorney Ashley C. Hoff  recognizes the dedication, service and sacrifice of federal, state, local and tribal law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.

“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”

“Our law enforcement officers fulfill a critical role in ensuring the protection of an orderly society and back that commitment with their very lives,” said United States Attorney Ashley C. Hoff.  “Here in the Western District of Texas we extend our deepest respect and gratitude to our law enforcement partners and  join Attorney General Garland, along with the entire Department of Justice, in publicly thanking them for their service and sacrifice.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which falls on May 15 each year, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers nationwide died  in the line of duty in 2021.  Of that number, 319 succumbed to COVID-19.  According to the Officer Down Memorial site, 34 officers died in the line of duty in the Western District of Texas.

Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed by felonious acts whereas 56 died in accidents.  Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year.  In 2021, unprovoked attacks  were the cause of 24 deaths significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting.  LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program. 

The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.

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A Texas man was sentenced today to five years in prison followed by three years of supervised release for his conduct in connection with a scheme to buy 38,000 compromised PayPal account credentials from an illegal online marketplace, and then use those credentials to steal money from the rightful PayPal account owners. In addition to the term of imprisonment, the defendant was ordered to pay $1.4 million in restitution.

Marcos Ponce, 37, of Austin, pleaded guilty to conspiracy to commit wire fraud in October 2021. According to court documents, from at least as early as November 2015 and continuing through in or about November 2018, Ponce and his co-conspirators worked together to establish buyer accounts on a particular illegal online marketplace (Marketplace A). Marketplace A functioned as an illegal market for stolen payment account credentials and associated personally identifying information (PII). The co-conspirators purchased over 38,000 stolen PayPal account login credentials.

In addition, Ponce and his co-conspirators developed social engineering techniques in order to trick unwitting third parties into accepting money transfers from the compromised PayPal accounts, and then transferring the money into accounts controlled by members of the conspiracy.

“The Justice Department remains firmly committed to protecting the American people from fraudsters like this defendant,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “May today’s sentencing send a clear message to would-be thieves: there are real-world consequences for online crimes.”

“This prosecution and sentence send a powerful message that the cyberworld is not a haven for criminals, and law enforcement will work tirelessly to bring cybercriminals to justice,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas.

“Today’s sentencing sends a message that the FBI will pursue cybercriminals across the globe. Hiding behind a computer does not mean you can stay anonymous or out of reach of law enforcement,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “With the assistance of FBI cyber task forces across the country, the FBI will diligently and aggressively work to identify and locate criminals, regardless of where they operate.”

The case was investigated by the FBI’s Washington Field Office, with significant assistance from the FBI San Antonio - Austin Cyber Task Force.

Senior Counsel Laura-Kate Bernstein of the Justice Department’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Matthew Devlin for the Western District of Texas prosecuted the case, with substantial assistance from Assistant U.S. Attorney Demian Ahn for the District of Columbia.

SAN ANTONIO – Yesterday, the U.S. Postal Inspection Service arrested a San Antonio man on criminal charges related to his alleged involvement in robbing U.S. letter carriers and stealing their postal keys.

According to court documents, Tony Evans, aka Tony Tre Von Evans, Tony Trevon Evans, age 24, confronted three U.S. Postal Service letter carriers on separate occasions and demanded the carrier’s postal keys. The robberies took place in San Antonio in July and August 2021 and in Austin in April 2022. On two of the occasions, Evans brandished a firearm.

Evans is charged by criminal complaint with robbery of mail, money, or property of the United States. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Evans had his initial appearance today before U.S. Magistrate Judge Richard B. Farrer.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and U.S. Postal Service Inspector in Charge Scott Fix, Houston Division, made the announcement.

The U.S. Postal Inspection Service is investigating the case.

Assistant U.S. Attorney William Calve is prosecuting the case.

A criminal 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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SAN ANTONIO – Charles Anthony Lecara, aka “Eric,” “Bloodhound,” 43, of San Antonio was sentenced today to 87 months in prison for aiding and abetting false statements in connection with firearm purchases.

According to court documents, between March and June 2018, Lecara conspired with others to purchase firearms by making false statements and representations to firearm dealers. The co-conspirators acted as straw purchasers, claiming the guns were purchased by them for their use.  However, Lecara directed the conspirators on which firearms to purchase, focusing on firearms popular with Mexican cartels, and took possession of them shortly after they were purchased.    In August 2018, numerous firearms purchased on Lecara’s behalf were recovered in a stash location in San Antonio along with a significant amount of crystal methamphetamine.

On January 13, 2022, Lecara pleaded guilty to three counts of aiding and abetting false statements in connection with the acquisition of firearms.  Lecara has remained in federal custody since his arrest on July 22, 2021.

“This case illustrates why our office and law enforcement partners are committed to prosecuting those who violate federal firearms laws,” said U.S. Attorney Ashley C. Hoff.  “Lying and buying schemes such as this endanger the public and offenders who sign on the dotted line should expect to do hard time.”

“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has no greater mission than keeping firearms out of the hands of criminals.  This case not only demonstrates the lengths to which criminals will go to acquire firearms, but more importantly, ATF’s expertise and commitment to investigating such violations of federal law,” said ATF Special Agent in Charge Fred Milanowski.  “In partnership with Homeland Security Investigations (HSI) and the United States Attorney’s Office, we will continue to work tirelessly to bring those who disregard the safety of our communities to justice.” 

“By putting weapons smugglers behind bars, law enforcement disrupts the supply of firearms before they fall into the hands of violent drug cartels who pose a threat both here and abroad,” said Shane Folden, Special Agent in Charge,  Homeland Security Investigations, San Antonio. “HSI will continue working with our federal law enforcement partners both domestic and international in this effort.”

The ATF and HSI, along with valuable assistance from the Texas Department of Public Safety, investigated the case.

Assistant U.S. Attorneys Joseph Lo Galbo, Eric Yuen and Karina O’Daniel prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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ALPINE – Yesterday Mark Richard Walters, 51, of Austin pleaded guilty to internet stalking and illegally possessing a firearm.

According to court documents, on March 18, 2021, Big Bend National Park Rangers responded to a threatening verbal altercation between Walters and a park employee at the Panther Junction Visitor Center.  When Rangers encountered Walters they found him in possession of a firearm and a loaded magazine.  A criminal history check revealed Walters was previously convicted of a felony offense.  Further investigation revealed Walters was the subject of a stalking investigation in Austin.  From February 19 to 21, 2021, Walters sent emails of sexually explicit photos of a victim to the victim’s acquaintances to harass the victim.  When agents arrested Walters they discovered the laptop used to send the emails.

Walters pleaded guilty to one count of internet stalking and one count of being a felon in possession of a firearm. A sentencing date has not been scheduled.  He faces up to 10 years in prison on the firearm charge and up to five years in prison on the stalking charge. 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 Austin Cyber Task Force, with valuable assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives; Big Bend National Park Service; and Austin Police Department, is investigating the case.

Assistant U.S. Attorney Amy L. Greenbaum is prosecuting the case.

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SAN ANTONIO – Yesterday a San Antonio woman was sentenced to 45 months in prison and ordered to pay $12,443.64 in restitution for her role in a bank fraud scheme.

According to court documents, from July 2017 through June 2018, Audrey Lynne Avila, 32, carried out a scheme to defraud banks by filling out change of address forms with the U.S. Postal Service and having other people’s mail delivered to mailing addresses she controlled.  She then used stolen credit cards and checks to buy items and deposit funds into her bank accounts.

On January 25, 2022, Avila pleaded guilty to one count of bank fraud and one count of aggravated identity theft.  Avila has been in federal custody since her arrest on June 4, 2021.

“This sentencing demonstrates that identity theft and fraud have serious consequences in the Western District of Texas,” said U.S. Attorney Ashley C. Hoff.  “This office will aggressively prosecute those who commit such crimes.”

“The sentencing of Audrey Lynne Avila to almost four years in federal prison, in addition to forfeiture of assets, brings some closure to the anxiety and frustration that was inflicted upon her victims,” said Scott Fix, Inspector in Charge, Houston Division, United States Postal Inspection Service. “A scheme that started with stealing residential mail and grew into bank fraud now begins a long, drawn-out phase of payback: a stern reminder that postal inspectors are in the background watchfully helping to protect U.S. Mail, this time working alongside the Comal County Sheriff’s Office.”

The U.S. Postal Inspection Service, with valuable help from the Comal County Sheriff’s Office,  investigated the case.

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

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ALPINE – Yesterday an Oklahoma woman was sentenced to 46 months in prison for her role in transporting undocumented noncitizens.

According to court documents and evidence presented at trial, Francesca Jo Ryan, 24, and co-defendant, David Alvarado-Rios, 32, of Mexico, were both charged with one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens in violation of Title 8, United States Code, Section 1324.

On January 26, 2022, a federal jury found Ryan guilty on both counts.  During trial, Ryan elected to testify and attempted to convince the jury she had no knowledge or involvement in the crime.

On December 15, 2021, Ryan’s co-defendant David Alvarado-Rios pleaded guilty to one count of transportation of an illegal alien in violation of Title 8, United States Code, Section 1324.  On March 28, 2022, he was sentenced to 57 months in prison.

“Our office remains fully committed to working with our law enforcement partners to combat human smuggling,” said U.S. Attorney Ashley C. Hoff. “Anyone considering involvement in this dangerous criminal activity should know that serious consequences await.”  

“Individuals involved in human smuggling jeopardize the lives of the people on whom they prey for nothing else than profit and greed,” said Frank B. Burrola, Special Agent in Charge for Homeland Security Investigations (HSI) El Paso. “HSI special agents strive to identify, arrest and bring to justice those who seek to circumvent our country’s immigration laws, threatening national security.”

HSI investigated the case.

Assistant U.S. Attorney Scott V. Greenbaum prosecuted the case.

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ALPINE – Yesterday a Monahans man was sentenced to 120 months in prison for being a felon in possession of a firearm announced United States Attorney Ashley C. Hoff.

According to court documents, on December 13, 2021, Jacob Lyon, 29, was found guilty of being a felon in possession of a firearm.  Lyon was previously convicted for prior felonies including armed robbery, theft of a firearm and burglary of a habitation.  On May 28, 2020, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted a consensual search of Lyon’s Monahans residence, which he shared with his co-defendant Rita Ornelas. Agents found two handguns and a rifle.

“Mr. Lyon has long been victimizing the citizens of Texas and the United States of America. Thanks to the investigative and prosecutorial efforts of ATF and our Project Safe Neighborhood partners, Mr. Lyon’s days of criminal activity and delinquent behavior are now over,” said ATF Dallas Special Agent in Charge Jeffrey C. Boshek II.

On September 16, 2021, co-defendant Rita Ornelas, 28, of Monahans pleaded guilty to one count of being a felon in possession of a firearm.  She was sentenced on December 16, 2021, to 46 months in prison.

The ATF, Texas Rangers and Monahans Police Department investigated the case.

Assistant U.S. Attorney Lance Kennedy prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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ALPINE – Yesterday a Mexican national, Pedro Ramirez-Urbina, 40, was sentenced to 71 months in prison for transporting illegal aliens in violation of Title 8, United States Code, Section 1324. Ramirez was identified as the foot guide in charge of leading a group of undocumented noncitizens (UNCs) from Mexico into the United States.

According to court documents, on June 27, 2021, U.S. Border Patrol agents from the Van Horn Border Patrol Station responded to a call from a concerned citizen about a deceased male found on the side of the road. Agents located the decedent along with another male waiting beside the body. Both undocumented noncitizens (UNCs) came from Mexico. About an hour later, another concerned citizen alerted U.S. Border Patrol agents to seven males walking north on Chispa Road near Needle Peak.  They were arrested and transported to Van Horn Border Patrol Station for processing where agents determined all UNCs, including the decedent, were part of a group being smuggled into the U.S. from Mexico.

On December 14, 2021, Ramirez was found guilty by a federal jury of one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens in violation of Title 8, United States Code, Section 1324.  Ramirez has remained in federal custody since his arrest on June 27, 2021.

“Those engaged in the business of human smuggling will be held accountable,” said U.S. Attorney Ashley C. Hoff.  “I thank our brave law enforcement partners for their continued vigilance in investigating and apprehending those who violate our laws and smuggle human cargo into the United States with little regard for human life.”

“Danger and risk go hand in hand with human smuggling, and too often it ends in tragedy, as it did in this case,” said Frank B. Burrola, special agent in charge of Homeland Security Investigations (HSI) El Paso. “HSI will continue to aggressively investigate criminal organizations that prey on the vulnerable with no regard for the sanctity of life.”

HSI investigated the case.

Assistant U.S. Attorney Lance Kennedy prosecuted the case.

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ALPINE – Yesterday a former Monahans businessman was ordered to pay $1.3 million in restitution for failure to pay withholding taxes.

According to court documents, George Wayne Johnson, 74, of Lawrenceburg, TN, was the owner of Wayne’s Welding Services (WWS) in Monahans.  From 2015 to 2018, WWS withheld tax payments from its employees’ paychecks but failed to pay $1,308,797 in required payroll tax to the Internal Revenue Service (IRS).  Through his company, Johnson spent hundreds of thousands of dollars on his salary and personal expenses.

In addition to the restitution ordered, Johnson was sentenced to five years of probation.

“Employers have critical tax obligations with respect to their businesses and the defendant in this case skirted them so that he could enrich himself,” said U.S. Attorney Ashley C. Hoff. “We will continue to work closely with IRS Criminal Investigations to prosecute these matters.”

“This is an appalling act, not just because he stole more than a million dollars from our nation, but because he expected his own employees to pay the price for his extravagant lifestyle,” said Ramsey E. Covington, Special Agent in Charge of IRS Criminal Investigation’s Houston Field Office. “I am proud of our team at IRS CI for the investigative work on this case and I am proud of the unwavering support of the U.S. Attorney’s Office to prosecute those who choose to violate our tax laws.”

The IRS investigated the case.

Assistant U.S. Attorney Lance Kennedy prosecuted the case.

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SAN ANTONIO – On Monday a San Antonio woman was sentenced to 60 months in prison and ordered to pay $1,784,817.96 in restitution for her role in a health care fraud scheme and theft of Social Security benefits. The Court also entered a money judgment against the defendant in the amount of $1,784,817.96.  The money judgment represents the proceeds that she obtained as part of her scheme.

According to court documents, Scherry Lynn Moses, 54, owned and operated adult day care centers in and around the San Antonio area.  Doing business as Scherry’s Adult Day Activity Center, Moses defrauded the Texas Medicaid Program by fraudulently billing for items and services that had not been provided to the clients of the day care centers.  Moses also ran New Creation Residential Care Homes, a room and board business for Social Security recipients. Moses was also the representative payee for Social Security recipients who resided in her boarding homes. She charged each boarder from $500 to $700 a month to live in a rental property, often placing five to seven boarders to a property.  Moses inconsistently provided the boarders with basic needs and at times left them to fend for themselves.  In addition, she would refuse to make rent payments on the properties resulting in forcible evictions of the boarders. Moses used the money from the scheme for her own personal gain.  

The defendant carried out the scheme between 2008 and 2016, resulting in an actual loss of $1,784,817.96. 

On March 4, 2020, Moses pleaded guilty to one count of Health Care Fraud, one count of wire fraud and one count of theft of government funds.

“Instead of providing necessary services to trusting elderly and disabled Texas citizens, this defendant chose to fleece them of their Medicaid and Social Security benefits for her own selfish gain,” said U.S. Attorney Ashley C. Hoff.  “We will continue to seek justice on behalf of these vulnerable members of our society and the critical government programs that serve them.”

“Organizational representative payees are a vital resource to Social Security beneficiaries who need help managing their benefits. Scherry Moses knowingly abused her role and ignored her responsibilities when she misused multiple Social Security beneficiaries’ benefit payments for her own use,” said Gail S. Ennis, Inspector General for the Social Security Administration. “We will continue to work with the Social Security Administration and other agencies to identify organizations and people who abuse their role as representative payees and steal program funds from beneficiaries. I thank the Medicaid Fraud Control Unit for their partnership in this investigation, and the U.S. Attorney’s Office for their efforts to hold Ms. Moses accountable for her crimes.”

The Social Security Administration Office of Inspector General and the Texas Attorneys General’s Office Medicaid Fraud Control Unit investigated this case. 

Assistant U.S. Attorneys Fidel Esparza III, and Rex Beasley prosecuted this case on behalf of the government.

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EL PASO – Dr. Herbert Nassour, a former physician in El Paso, has agreed to pay $350,000 under a civil settlement to resolve allegations he violated certain provisions of the Controlled Substances Act (CSA). 

Dr. Nassour was a physician registered with the Drug Enforcement Administration (DEA) to prescribe and dispense controlled substances through his private practice located in El Paso.  The United States contends that Dr. Nassour violated the CSA by failing to properly account for over 11,000 doses of hydrocodone and by not maintaining the proper inventory or dispensing records for controlled substances as required by the CSA.  The failure to account for such large doses of opioids raises serious concerns about the potential diversion of controlled substances. The settlement reflects the ongoing commitment of Department of Justice and DEA to address the opioid crisis and to prevent, detect and investigate the diversion of controlled substances. 

“Doctors must live up to their obligations under the CSA to ensure that controlled substances are not illegally diverted into our community,” said U.S. Attorney Ashley C. Hoff.  “Protecting our community from the diversion of controlled substances is a priority for the DEA and this office.”

“Opioid misuse and abuse remain at epidemic levels in the United States,” said Greg Millard, Special Agent in Charge of the Drug Enforcement’s El Paso Division. “Because the majority of opioid addictions in America start with prescription pills, registrants must do their part and comply with the rules and regulations set forth by the Controlled Substance Act. Through our oversight, DEA will ensure that registrants comply with the law.”

The DEA’s El Paso Diversion Group investigated this matter.  Assistant U.S. Attorney Eduardo R. Castillo handled this case on behalf of the government.

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

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AUSTIN – Yesterday a federal grand jury in Austin returned an indictment charging a former chairwoman of a City of Austin advisory commission with conspiracy to misapply funds and falsify records, document falsification, and false statement offenses.

According to court documents, Jill Ramirez, 68, worked for an Austin-area nonprofit and served as the chair of a City advisory commission.  In September 2015, Ramirez agreed to pay 10% of the value of federal grant proceeds from the nonprofit to Frank Rodriguez, the former executive director of the nonprofit and then a senior policy advisor to a city official.  Afterwards Ramirez and Rodriguez entered into a “consulting agreement” in December 2015 so, as Rodriguez wrote, to address “any issue that someone might have that the payments are for navigator grant work” and to thereby disguise the 10% payment. Ramirez then paid Rodriguez $21,375 from the nonprofit between December 2015 and December 2016.

Rodriguez continued to work on the nonprofit’s behalf while a City employee by providing confidential City information to the nonprofit, recommending that the nonprofit receive continued City funding and undermining the nonprofit’s competitors for City funding.

In 2017, the Auditor’s Office for the City of Austin commenced an investigation into Rodriguez’s conduct.   During an interview with investigators, Ramirez made false statements about the basis of the “consulting fees” paid to Rodriguez. 

Ramirez is charged with one count of conspiracy to commit an offense against the United States; one count of falsification of records with intent to obstruct an investigation within the jurisdiction of the United States; and one count of false statements in a matter within the jurisdiction of the executive branch of the United States. She will have an initial court appearance at a date to be determined before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Texas. If convicted, she faces up to five years in prison on both the conspiracy and false statement charges. She faces up to 20 years in prison on the falsification of records charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Frank Rodriguez, 71, of Dripping Springs was charged separately by a criminal information.  On January 7, 2022, Rodriguez pleaded guilty to one count of conspiring to misapply federal funds and falsify records in an investigation within the jurisdiction of an agency of the United States.  He is scheduled for sentencing on June 17, 2022 and faces a maximum penalty of five years in prison.

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, with assistance from the Office of Inspector General for the United States Department of Health and Human Services.

Assistant U.S. Attorneys Gabriel Cohen and Alan Buie are prosecuting the case.

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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MIDLAND – An Odessa man was charged last week on a federal criminal complaint for his alleged involvement in a hoax concerning the Ector County Courthouse.

According to court documents, on April 7, 2022, David Paul Finnegan, 37, left a suspicious device at the front steps of the Ector County Courthouse.  The device consisted of a large PVC pipe containing miscellaneous objects.  It was held together with black tape and had a wristwatch taped to it.  The Odessa Police Department Explosives Ordinance Disposal (EOD) team was called out to examine the device.  After the EOD technicians rendered it safe, they determined the device did not contain explosives.

Further investigation revealed Finnegan was scheduled to be sentenced at the courthouse the day he planted the device.  As a result of its discovery, the Ector County Courthouse had to be evacuated and shut down to the public for much of the day, causing various court proceedings to be postponed, including Finnegan’s sentencing.

Finnegan is charged with one count of perpetrating a hoax. If convicted, he faces 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.

Finnegan had his initial appearance today before United States Magistrate Judge Ronald Griffin.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Jeffrey R. Downey, El Paso Office, made the announcement.

The FBI, with valuable assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Ector County Sheriff’s Office; Odessa Police Department; and the Texas Department of Public Safety, is investigating the case.

Assistant U.S. Attorney John Fedock is prosecuting the case.

A criminal 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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SAN ANTONIO – A San Antonio man was sentenced today to 65 months in prison for aggravated identity theft and being a felon in possession of a firearm.

According to court documents, on April 20, 2020, Alexander Kolberg, 35, was arguing with a woman at a motel in New Braunfels.  As the argument intensified, a good Samaritan tried to de-escalate the situation when Kolberg pulled a firearm out, cocked it and headed in the direction of the good Samaritan.  Law enforcement officers were called, found the firearm, and arrested Kolberg.  After a consensual search of Kolberg’s personal items, officers found a debit card in someone else’s name, blank checks, and identifying information for other people, including a notebook containing other people’s names, Social Security numbers, bank accounts and email addresses.

Further investigation revealed Kolberg created multiple bank accounts with stolen identifying information that he used to deposit forged checks.  In one instance, he deposited approximately $15,000 into an account using checks from a deceased victim.  Kolberg also had previous felony convictions, making it illegal for him to possess a firearm.

On January 21, 2022, Kolberg pleaded guilty to one count of felon in possession of a firearm; one count of financial institution fraud; and one count of aggravated identity theft. 

Kolberg has remained in federal custody since his arrest on November 17, 2020.

“This prosecution and the sentence imposed demonstrate our steadfast commitment to protecting our community and victims of crime,” said U.S. Attorney Ashley C. Hoff.  “Kolberg not only escalated a verbal argument by reaching for an illegal firearm, but also exploited numerous victims by stealing their identities and forging checks that he deposited in their names.”

“Today’s sentencing sends a strong message to those who would defraud our financial institutions and victimize their customers,” said FBI Acting Special Agent in Charge Jason Hudson. “Financial fraud is a serious crime, and Alexander Kolberg will now have to face the consequences of his deceitful actions.”

“Protecting our community by ensuring that we aggressively work to hold all convicted felons accountable is a top priority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),” said ATF Special Agent in Charge Fred J. Milanowski. “We stand with our partners in law enforcement to support any investigation that involves the illegal possession of firearms. This sentence is a reminder to other offenders that we are dedicated to this cause.”

The FBI and ATF, with valuable assistance from the New Braunfels Police Department and the Comal County Sheriff’s Office, investigated the case.

Assistant U.S. Attorney Eric Yuen prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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ALPINE – A Fort Stockton man pleaded guilty today to being a felon in possession of a firearm and possessing methamphetamine.

According to court records, on December 5, 2021, Tristian William Zly, 27, was observed in a heated argument with a female inside his vehicle while parked outside a residence in Fort Stockton.  Officers were called to de-escalate the situation.  After confronting Zly, officers observed a 30-round firearm magazine sticking out of Zly’s pocket.  On further search of the vehicle, officers found a 9mm firearm and a plastic bag containing 299.3 grams of pure methamphetamine.

Further investigation revealed that Zly had a previous felony conviction and possessed the firearm illegally.

Zly pleaded guilty to one count of possession with intent to distribute methamphetamine and one count of being a felon in possession of a firearm during a drug trafficking crime. A sentencing date has not been scheduled.  Zly faces a mandatory minimum sentence of 10 years in prison on the narcotics charge and a five-year mandatory minimum sentence on the firearm charge. 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 Drug Enforcement Administration (DEA) Special Agent in Charge Greg Millard, El Paso Division, made the announcement.

The Alpine DEA, with valuable assistance from the Texas Department of Public Safety and the Pecos County Sheriff’s Office, is investigating the case.

Assistant United States Attorneys Lance L. Kennedy and Matthew H. Ellis are prosecuting the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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EL PASO – An El Paso man was sentenced today to 17 years in prison for production of child pornography.

According to court documents, on July 15, 2019, Steven George Sperling, 36, was an active-duty service member stationed at Fort Bliss when he produced a lewd video of a minor child.

On July 14, 2021, Sperling pleaded guilty to one count of production of a visual depiction of a minor engaging in sexually explicit conduct.  He has remained in federal custody since his arrest on July 18, 2019.

“Prosecuting dangerous sexual predators that exploit the innocence of children and cause unspeakable harm is always going to be a top priority for our office.  Along with the FBI and our other valued partners in law enforcement, we remain dedicated to ensuring the safety of children in our community and online,” said U.S. Attorney Ashley C. Hoff.  “We will continue to use every resource available to identify and prosecute offenders like the defendant in this case to the full extent of the law.”

“A heartbreaking reality of the world we’re living in is the hidden abuse of children,” said FBI Special Agent in Charge Jeffrey R. Downey. “They’re suffering in silence every day, both in our community and around the world, as we go about our daily lives. The FBI El Paso’s Child Exploitation and Human Trafficking Task Force will relentlessly pursue every lead to rescue children who are being victimized and bring their perpetrators to justice. We strongly urge members of the public to help us in our fight to protect children, as they are some of the most vulnerable in our community. FBI El Paso can be reached 24 hours/ 7 days a week at (915) 832-5000.”

The FBI investigated the case.

Assistant U.S. Attorney Ian M. Hanna and Special Assistant U.S. Attorney Alana O’Reilly  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 – 2011 Bandera Road, LLC agreed to pay the United States $15,000 to resolve allegations that it violated the False Claims Act, 31 U.S.C. §§ 3729-3733, by collecting excess rent from a tenant in the U.S. Department of Housing and Urban Development’s (HUD) federal Housing Choice Voucher Program, commonly referred to as “Section 8.”  Section 8 is a program to assist low-income families, the elderly and the disabled in securing decent, safe, and sanitary housing in the private market.  Through this program, HUD provides funding by vouchers administered by local public housing agencies.  HUD pays the housing subsidy directly to the landlord, which may cover all or a portion of a tenant’s monthly rent.  As a condition of receiving the housing subsidy, the landlord contractually agrees not to charge the tenant rent that exceeds the amount set by the public housing agency.

2011 Bandera Road leased property to certain tenants participating in the Section 8 program.  This settlement resolves allegations that from November 2017 through January 2019, the company violated the False Claims Act by knowingly requiring one of those tenants to pay rent that exceeded what was contractually allowed.

United States Attorney Ashley C. Hoff stated, “The Section 8 program helps Americans in need of affordable quality housing.  That purpose is undermined when a program participant overcharges a beneficiary of the program.”

“Those who seek out opportunities to prey on American families who rely on HUD programs for safe and affordable housing will be pursued and held accountable,” said Special Agent-in-Charge Bertrand Nelson with the HUD Office of Inspector General (OIG). “HUD OIG is committed to working with its law enforcement partners to fully investigate allegations of fraud, waste, abuse and mismanagement of HUD programs and protect American taxpayer dollars that fund them.”

The settlement resolves allegations contained in a lawsuit filed by a former tenant under the qui tam or whistleblower provisions of the False Claims Act.  The False Claims Act permits private parties to file suit on behalf of the United States and share in any recovery.

The U.S. Department of Housing and Urban Development, Office of Inspector General, investigated this matter along with Assistant United States Attorney John Deck from the U.S. Attorney’s Office for the Western District of Texas.  The qui tam case is docketed as United States ex rel. Elissa L. White and Elissa L. White, individually, v. 2011 Bandera Road, LLC, Cause No. 5:20-CV-488, (W.D. Tex.).

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

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A Texas man and woman were arrested today in Helotes on criminal charges related to the husband’s involvement in alleged export violations and both of their alleged involvement in a scheme to defraud a research and development company (R&D Company) that provided services to industrial and government clients in the United States and abroad.

Xiaojian Tao, 63, is charged with one count of illegal export of defense articles; one count of unlawful export of commerce-controlled goods; and one count of making a false statement with regards to the Export Control Reform Act (ECRA). Tao allegedly exported items to China without having obtained a required export license from either the Department of State or the Department of Commerce.

Tao and Yu Lang, aka Laura Long, 63, are both charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud. According to court documents, from 1997 to the present, Tao and Lang owned and operated Tyletech, aka Tylex Tech LLC and Tyle Tech, a company that provides engineering consulting services. From 1994 to March 2020 Tao worked for the R&D Company that directly competed with Tyletech. Although Tao certified that each year he would notify the R&D Company of any conflicts of interest and follow Standards of Conduct, Tao and Lang hid Tao’s role in Tyletech, instead funneling business from the R&D Company to Tyletech. 

Further, from 2016 to 2020, Tao and Lang allegedly filed false income tax returns and are both charged with one count of conspiracy to defraud the United States and five counts of filing false tax returns. Tao also is charged with one count of making a false statement and Lang is charged with two counts of making a false statement.

If convicted, Tao faces a maximum of 20 years in prison on each of the export counts and the false ECRA statement. Tao and Lang face a maximum 20 years in prison on each of the wire fraud counts; five years in prison on each of the false statement counts and the defrauding the U.S. count; and three years in prison on each of the false tax return counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Ashley C. Hoff for the Western District of Texas; Acting Special Agent in Charge Jason Hudson for the FBI’s San Antonio Field Office; Special Agent in Charge Ramsey E. Covington of the IRS – Criminal Investigation (IRS-CI); and Special Agent in Charge Trey McClish of the Department of Commerce, Bureau of Industry and Security – Office of Export Enforcement’s Dallas Field Office made the announcement.

The FBI; IRS-CI; and the Department of Commerce, Bureau of Industry and Security, along with assistance from U.S. Customs and Border Protection, are investigating the case.

Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris for the Western District of Texas 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.

SAN ANTONIO – A Helotes man and woman were arrested today in Helotes on criminal charges related to the husband’s involvement in alleged export violations and both of their alleged involvement in a scheme to defraud a research and development company (R&D Company) that provided services to industrial and government clients in the United States and abroad.

Xiaojian Tao, 63, is charged with one count of illegal export of defense articles; one count of unlawful export of commerce-controlled goods; and one count of making a false statement with regards to the Export Control Reform Act (ECRA).  Tao allegedly exported items to China without having obtained a required export license from either the Department of State or the Department of Commerce.

Tao and Yu Lang, aka Laura Long, 63, are both charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud.  According to court documents, from 1997 to the present, Tao and Lang owned and operated Tyletech, aka Tylex Tech LLC and Tyle Tech, a company that provides engineering consulting services.  From 1994 to March 2020 Tao worked for the R&D Company that directly competed with Tyletech.  Although Tao certified that each year he would notify the R&D Company of any conflicts of interest and follow Standards of Conduct, Tao and Lang hid Tao’s role in Tyletech, instead funneling business from the R&D Company to Tyletech. 

Further, from 2016 to 2020, Tao and Lang allegedly filed false income tax returns and are both charged with one count of conspiracy to defraud the United States and five counts of filing false tax returns.  Tao also is charged with one count of making a false statement and Lang is charged with two counts of making a false statement.

If convicted, Tao faces a maximum of 20 years in prison on each of the export counts and the false ECRA statement.  Tao and Lang face a maximum 20 years in prison on each of the wire fraud counts; five years in prison on each of the false statement counts and the defrauding the U.S. count; and three years in prison on each of the false tax return 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; FBI Acting Special Agent in Charge Jason Hudson; Internal Revenue Service – Criminal Investigations (IRS-CI) Special Agent in Charge Ramsey E. Covington; and Special Agent in Charge Trey McClish, U.S. Department of Commerce, Bureau of Industry and Security – Office of Export Enforcement’s Dallas Field Office made the announcement.

The FBI; IRS-CI; and the Department of Commerce, Bureau of Industry and Security, along with assistance from U.S. Customs and Border Protection, are investigating the case.

Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris 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 – Today U.S. District Court Judge Fred Biery found Chance Anthony Uptmore, 25, of San Antonio, guilty of one count of being an unlawful user of a controlled substance in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(3). 

According to court documents and evidence presented at trial, on January 18, 2021, law enforcement officers executed a search warrant at Uptmore’s residence for his involvement in the January 6th Capitol Riots in Washington D.C.  During a search of the Defendant’s residence, he was found to be in possession of a loaded Taurus .38 Special Revolver along with more than 13 pounds in gross weight of marijuana; approximately 1.8 pounds in gross weight of Tetrahydrocannabinol (THC) edible products; approximately 1.2 pounds in gross weight of THC waxes, dabs and oils; and approximately one-third of a pound in gross weight of Psilocin mushrooms.

According to testimony from law enforcement officers at trial along with Uptmore’s own video recorded statements, Uptmore described himself as a “weedaholic” who smoked marijuana, by his own estimation, multiple times per day. Uptmore admitted to officers that at the time of his arrest in January 2021, there had not “been a day where [Uptmore] had not gotten high all day in at least six months, maybe even a year.” At the conclusion of trial, the Court concluded that Uptmore was both an unlawful user of and addicted to controlled substances at the time he possessed the loaded revolver.

Uptmore is scheduled for sentencing on July 26, 2022 and faces up to 10 years in prison.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.

The FBI’s San Antonio Joint Terrorist Task Force (JTTF) is investigating the case, with the assistance of U.S. Immigration and Customs Enforcement – Enforcement and Removal Operations (ICE-ERO) and San Antonio Police Department.

Assistant U.S. Attorneys Matthew W. Kinskey and Mark T. Roomberg are prosecuting the case.

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EL PASO – Today an El Paso man was sentenced to life in prison for sexual exploitation of a minor.

According to court documents, Travis Wayne Vavra, 60, was a long-haul truck driver who advertised free amusement park passes and cross-country trips for boys to explore the United States. As a result of the advertisement, Vavra transported a minor in his tractor trailer from the El Paso, Texas area to different states, including New Mexico, Missouri, Arizona, California, Wisconsin, Illinois, Nebraska, Maryland, Oklahoma, and Louisiana from May 2015 to June 2019.  Vavra sexually assaulted the minor during these cross-country trips that began when the victim was nine years old.  Vavra had also previously molested two other victims. On the date of his arrest, Vavra posted another flyer for parents and boys advertising these free cross-country trips. Vavra was found to be in possession of child sexual abuse material on his phone at the time of his arrest.

On June 29, 2021, a federal jury found Vavra guilty of one count of transportation of minors with intent to engage in criminal sexual activity and one count of possession of a visual depiction involving the sexual exploitation of a minor.  Vavra has remained in federal custody since his arrest on December 6, 2019.

“Our office is committed to vigorously prosecuting cases against individuals who prey upon the most vulnerable among us – children,” said U.S. Attorney Ashley C. Hoff. “We, along with our law enforcement partners, strive to protect our communities from these sexual predators and bring justice to victims of these heinous crimes so that they can begin the healing process.”

“From suspicious flyers posted in store windows to reports of sexual abuse, the investigation involving Vavra showed how concerned citizens came together to stop a predator from destroying the innocence of additional young boys and assist in providing closure to the victims of his previous sexual assaults,” said Jeffrey R. Downey, FBI El Paso Special Agent in Charge. “We cannot protect our community alone. The FBI is thankful to those citizens who came forward to voice their suspicions. The FBI along with our partners assigned to the El Paso Crimes Against Children and Human Trafficking task force remain committed to the most vulnerable members of El Paso, the children.”

The FBI investigated the case.

Assistant U.S. Attorneys Sarah Valenzuela and Richard Watts 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 – A Mexican national who failed to appear for sentencing in 2015 was sentenced today to 10 years in prison and ordered to pay $884,174.47 in restitution for his role in a bribery scheme.

According to court documents, German Garcia Cano, 62, was the owner of GGC Enterprises, Inc., (GGC) a construction equipment rental company.  Between 2009 and 2012, Maverick County paid GGC hundreds of thousands of dollars leasing heavy equipment purportedly used in construction projects in Maverick County.  On October 9, 2014, Cano pleaded guilty to one count of paying a bribe to an agent of an organization receiving federal funds.  By pleading guilty Cano admitted he paid bribes to Maverick County employees to insure that GGC secured leasing contracts with Maverick County. 

On February 24, 2015, Cano was scheduled to be sentenced and failed to appear.  A warrant for his arrest was issued that same day.  In March 2015, the Court entered a bond forfeiture against Cano and a surety and a restraining order against Cano’s assets.  The United States subsequently garnished on bank accounts associated with Cano, including recovering $10,000 transferred to his sister, despite his fugitive status.  On July 8, 2021, Cano was rearrested and has remained in federal custody.

“The sentencing of German Cano today demonstrates our steadfast commitment to the pursuit of justice, even when criminals flee,” said U.S. Attorney Ashley C. Hoff.  “By paying bribes to receive government funds, Cano fostered a culture of corruption in Maverick County, undermining the public’s faith in government. Along with our law enforcement partners, we will continue to use all available resources to root out corruption and hold wrongdoers accountable.”

“Corruption damages the very fiber of our society, as it undermines public trust,” said Acting Special Agent in Charge Jason Hudson. “Thankfully, with today’s sentencing, the defendant in this case will now have to face the consequences of his actions.”

The FBI, with assistance from the Customs and Border Protection Office Internal Affairs; DEA; Texas Department of Public Safety Criminal Investigative Division; Texas Rangers; and Maverick County Sheriff’s Office, investigated the case.

Assistant U.S. Attorneys James Ward and Michael Galdo, with assistance from the Department of Justice’s Office of International Affairs, prosecuted the case.

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EL PASO – On Monday, a Mexican national was sentenced to 72 months in prison for his role in a human smuggling organization.

According to court documents, Israel Ulloa-Osorio, 27, was an active member and key foot guide for a complex human smuggling organization that guides groups of undocumented noncitizens for several days through the West Texas desert to pick-up locations on I-10.

According to witnesses, on May 15, 2020, Ulloa was illegally guiding a group of migrants from Mexico through the rugged terrain when an individual struggled to keep up and eventually died in the desert. The deceased man was traveling with his son who turned himself in to Border Patrol.  On June 2, 2021, Ulloa pleaded guilty to one count of conspiracy to bring in aliens into the U.S. resulting in death, in violation of Title 8, United States Code, Section 1324.

“Human smuggling along the Southwest Border is dangerous and often deadly,” said U.S. Attorney Ashley C. Hoff.  “The United States Attorney’s Office  is committed to vigorously enforcing human smuggling laws and thanks its partners—particularly Homeland Security Investigations (HSI) who led the investigation along with Border Patrol and the Hudspeth County Sheriff’s Office who provided invaluable assistance.”

“This sentence underscores Homeland Security Investigations’ relentless efforts to identify transnational criminal organizations that make a profit from smuggling noncitizens into the United States with total disregard for people who may end up paying the ultimate price,” said Frank B. Burrola, Special Agent in Charge of HSI El Paso. “HSI is committed to ensuring that those who prey on the innocent face justice.”

HSI and Border Patrol, along with the Hudspeth County Sheriff’s Office, investigated the case.

Assistant U.S. Attorney Spencer D. Kiggins prosecuted the case.

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SAN ANTONIO – A San Antonio man was sentenced today to five years of home confinement and ordered to pay $273,372 in restitution for preparing false tax returns.

According to court documents, Richard Medina Sr., 68, operated an unnamed and unregistered tax return preparation business out of his residence from 2013 to 2016.  Medina prepared false federal income tax returns for his clients by claiming false credits, Individual Retirement Accounts (IRAs), and itemized deductions.  Medina fraudulently maximized tax credits to generate undue tax refunds, causing a loss of over $273,000  Medina was also required to notify the bankruptcy trustee of all forms of income after filing for bankruptcy in 2013 but lied under oath about income from his tax preparation business. 

On June 23, 2020, Medina pleaded guilty to one count of aiding and assisting in the preparation of a false tax return and one count of false statement in bankruptcy.

“Unscrupulous tax return preparers such as Medina do millions and millions of dollars in harm both to the U.S. Treasury and to their taxpayer clients, who are ultimately responsible for the accuracy of their returns,” said U.S. Attorney Ashley C. Hoff.  “Medina’s use of false information extended both to his own personal returns and to his omission of his income from filings he made when he pursued bankruptcy protection.”

The Internal Revenue Service – Criminal Investigation (IRS-CI) investigated the case.

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

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EL PASO – A federal grand jury in El Paso returned an indictment today charging an El Paso man with kidnapping.

According to court documents, Matthew Joseph Contreras, 25, is accused of taking the victim from El Paso to Alamogordo, New Mexico while on his way to his new job at a detention facility. The victim told FBI agents that while they were in El Paso, Contreras held a knife to her throat in the early morning hours of March 14 after she returned from work. She also said Contreras punched and kicked her several times and then poured bleach on her. Contreras also allegedly hit the victim with a gun and then held it to her head. Law enforcement officers retrieved a 9mm handgun from the vehicle that Contreras used to drive the victim to New Mexico.

Contreras also faces a federal charge for possessing a firearm as a prohibited person due to a prior conviction. 

Contreras is charged with one count of kidnapping and one count of possession of a firearm by a prohibited person. The defendant is scheduled for an arraignment next week.  If convicted, he faces up to life in prison on the kidnapping charge and up to 10 years in prison on the firearm charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Contreras has remained in federal custody since his arrest on March 16, 2022.

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, with assistance from the El Paso Police Department, is investigating the case.

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

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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SAN ANTONIO – A San Antonio woman was sentenced today to 33 months in prison for embezzling from her employer.

According to court documents, Cindy Ellen McCarthy, aka Cindy Wojtaszek, 48, was the bookkeeper of a Castle Hills business.  Between November 2012 and July 2018 McCarthy paid her personal credit card from the company’s bank account.  To conceal her fraud, McCarthy altered the company’s monthly bank statements to make it appear that payments were being made to a vendor.  Through approximately 200 transactions, McCarthy defrauded the company of over $850,000.

On October 21, 2021, McCarthy pleaded guilty to one count of wire fraud.  In addition to the prison sentence, McCarthy was ordered to pay $855,538.56 in restitution to her former employer.

“Small and medium-sized businesses are the backbone of America,” said U.S. Attorney Ashley C. Hoff. “Today’s sentencing reflects the seriousness of McCarthy’s abuse of her position and the resolve of this office to  pursue those who betray their employers’ trust by embezzling money.”

“The defendant in this case took advantage of her role as a bookkeeper to betray and deceive her employer for personal gain,” said Acting Special Agent in Charge Jason Hudson. “The FBI is committed to investigating financial fraud and ensuring those who commit these crimes are held accountable for their actions.”

The FBI, with invaluable assistance from the Castle Hills Police Department, investigated the case.

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

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