Western District of Texas

PECOS – A federal grand jury in Pecos returned an indictment last week charging a Midland man with allegedly possessing illegal drugs and a firearm.

According to court documents, Edgar Parra, 36, is charged by federal indictment with one count of conspiracy to possess with intent to distribute fentanyl and methamphetamine; three counts of possession with intent to distribute fentanyl; two counts of possession with intent to distribute methamphetamine; one count of possessing a firearm during and in furtherance of a drug trafficking crime; and one count of being a felon in possession.

The defendant is scheduled for his initial court appearance on January 27, 2022 before U.S. Magistrate Judge David B. Fannin of the U.S. District Court for the Western District of Texas. If convicted, he faces up to 40 years in prison on the conspiracy to possess and possession of fentanyl charges; up to 20 years in prison for the possession of methamphetamine charges; an additional five years in prison on the possession of a firearm during and in furtherance of a drug trafficking crime charge; and up to 10 years in prison for the felon in possession 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 made the announcement.

The DEA is investigating the case.

Assistant U.S. Attorney Kevin Charles Eaton is 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.

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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The United States filed a civil complaint today seeking to permanently enjoin the owner of a San Antonio-area pharmacy from unlawfully dispensing opioids and other controlled substances.

In a complaint filed in U.S. District Court for the Western District of Texas, the government alleges that Jitendra Chaudhary, the pharmacist-in-charge and part owner of Rite-Away Pharmacy and Medical Supply #2, unlawfully filled controlled substance prescriptions at Rite-Away in violation of the Controlled Substances Act. The complaint alleges that Chaudhary and Rite-Away ignored numerous “red flags,” or obvious signs of abuse or diversion, when filling opioid prescriptions. The complaint further alleges that one patient died from toxic effects of fentanyl nine days after Rite-Away filled her prescription for that drug.

“Pharmacies and pharmacists have an important responsibility to help stop the illegal distribution of controlled substances,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will work with its law enforcement partners to hold accountable those who fill opioid prescriptions in violation of the law.”

“As pharmacists, the defendants had a legal obligation to ensure controlled substance prescriptions are prescribed for legitimate medical purposes before being sold and distributed to patients,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Their choice to repeatedly ignore signs of abuse and diversion when dispensing opioids is a failure to meet this duty at the expense of patient health. The U.S. Attorney’s Office will use those resources available to stop pharmacies and pharmacists from avoiding their responsibilities amidst the opioid crisis.”

The complaint alleges that by ignoring signs of abuse and diversion, the defendants illegally filled controlled substance prescriptions outside the usual course of professional pharmacy practice and filled prescriptions that were not issued for a legitimate medical purpose. The complaint further alleges that the defendants altered prescriptions that lacked required information in order to make them appear to be in compliance with DEA regulations. The complaint seeks civil penalties as well as a permanent injunction to prevent further violations.

The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.

DEA’s San Antonio District Office is conducting the ongoing investigation.

The case is being handled by Trial Attorneys Scott Dahlquist and Ryan Norman of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Erin Van De Walle for the Western District of Texas.

SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two with robbing pharmacies of narcotics and cash at gun point.

According to court documents, Andre Dupree Jack, 39, of San Antonio and Atseko Factor, 38, of Houston allegedly robbed pharmacies in Luling, Pleasanton and Seguin and attempted to rob another pharmacy in Sealy.   During the robberies, the defendants brandished firearms and used zip ties to bind pharmacy employees and customers.  The defendants took controlled substances and U.S. currency from the pharmacies as well as personal belongings from employees and customers.

Jack and Factor are charged with one count of conspiracy to commit pharmacy robbery; three counts of pharmacy robbery; and three counts of brandishing a firearm during a crime of violence.  Jack is also charged with an additional count of pharmacy robbery; an additional count of  brandishing a firearm during a crime of violence; and being a felon in possession of a firearm. The defendants will be scheduled next week for an initial appearance before a U.S. Magistrate Judge for the Western District of Texas. If convicted, the defendants face a maximum penalty of five years in prison on the conspiracy charge; a maximum penalty of 25 years in prison on each of the pharmacy robbery charges; a mandatory minimum of seven years on each of the brandishing of a firearm charges; and Jack faces a maximum 10 years in prison on the felon in possession 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; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.

The DEA and ATF are investigating the case.

Assistant U.S. Attorney Brian Nowinski is 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.

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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AUSTIN – Today a Houston man was sentenced to a total of 25 years in prison for carjacking and discharging a firearm during a federal crime of violence.

According to court documents, on January 30, 2020, Darrell Morgan Watts Jr., 24, responded to an ad for a Ford Mustang for sale on Craigslist, expressing his interest in buying the car.  The owner of the Mustang met Watts at a convenience store in southwest Austin so Watts could view it.  While the owner was driving the car during a test drive, Watts pulled out a loaded pistol, pointed it at the owner and threatened to kill him.  Watts was a convicted felon who possessed the gun illegally.  Watts forced the owner to hand over his cell phone and wallet and instructed him to pull over in an unlit residential area.  Watts told the owner of the Mustang that he was going to take the car.

Watts stepped out of the vehicle, still armed with the pistol.  The owner of the Mustang held a state-issued license to carry a handgun and retrieved his own pistol from the center console and then stepped out.  Although Watts fired multiple shots at him, Watts only grazed him with one round.  The owner of the Mustang fired multiple shots at Watts, striking him six times.  The owner then fled the area on foot and asked nearby residents to call police.  Watts managed to return to the vehicle and drove a short distance before abandoning it.  He was apprehended on February 5, 2020 and has remained in custody since his arrest.

On October 22, 2021, Watts pleaded guilty to one count of carjacking and one count of discharging a firearm during a federal crime of violence.

“My office and our law enforcement partners remain committed to ensuring that perpetrators of violent crime in our communities are held accountable for their actions,” said United States Attorney Ashley C. Hoff.  “Individuals who would consider victimizing members of the public in the Western District of Texas should take note of today’s sentence and recognize that we will ensure they meet justice.”

“Convicted felons who use firearms to commit violent crimes remains at the core of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) mission,” said ATF Special Agent in Charge Fred Milanowski. “These felons pose one of the greatest threats to public safety, and we are relentless in our pursuit to hold them accountable.”

The ATF and the Austin Police Department investigated the case.

Assistant U.S. Attorney Alan Buie 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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DEL RIO – A Carrizo Springs doctor pleaded guilty today to charges he ran a “pill-mill” by providing patients with unlawful prescriptions.

According to court documents, Dr. Alfonso Luevano, 52, admitted that he conducted appointments with patients that did not meet the accepted standard of care in which he prescribed controlled substances including hydrocodone, alprazolam, and tramadol.  Undercover officers conducted multiple visits with the doctor, captured on audio/video recording, in which he prescribed controlled substances with almost no medical evaluation.  The defendant also admitted that he pre-signed prescription pads and allowed his staff and employees to use them to create controlled substance prescriptions without him seeing the patient at all. 

Luevano pleaded guilty to one count of conspiracy to distribute a controlled substance and faces a maximum sentence of 20 years in federal prison. He is set for sentencing on July 27, 2022.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Co-Defendant Ofelia Martinez, 53, also of Carrizo Springs, previously pleaded guilty on November 22, 2021 to conspiracy to commit health care fraud.  The office manager and biller for Luevano’s practice, Martinez admitted to overbilling Texas Medicaid by listing Luevano as the providing practitioner on office visits when he had not seen the patient.  Instead, the patients were seen by mid-level practitioners who were instructed to leave the medical record file open.  The file was then later closed using Dr. Luevano’s account, resulting in a fraudulent medical record which listed Dr. Luevano as the provider.  Martinez faces up to 10 years in prison and her sentencing is currently set for May 25, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux made the announcement.

The DEA Prescription Drug Diversion Task Force, DEA Del Rio, and the Texas Attorney General Medicaid Fraud Control Unit are investigating the case.

Assistant U.S. Attorneys Justin Chung and Joshua Banister are prosecuting the case.

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AUSTIN – A Dripping Springs man pleaded guilty today to conspiring to misapply federal funds and falsify records with the intent to impede, obstruct, or influence an investigation into a matter within the jurisdiction of an agency of the United States.

According to court documents, in April 2015, Frank Rodriguez, 71, began to serve as a senior policy advisor to an Austin city official.  Rodriguez had previously served as the Executive Director of a local nonprofit organization and as a member of a City advisory commission.  In June 2015, while employed by the City, Rodriguez submitted an application on the nonprofit’s behalf to a federal agency for federal Affordable Care Act navigator grant funding.  In the application, Rodriguez falsely stated that he was the nonprofit’s “Chief Development Officer” and “Authorized Representative.” 

In September 2015, the nonprofit was awarded a federal grant pursuant to the application that he submitted.  Shortly thereafter, Rodriguez emailed an employee of the nonprofit, writing that he wanted to make sure that they “were on the same page with respect to [his] fee” for the grant, which was “10% of the grant.”

In December 2015, Rodriguez emailed the nonprofit employee a draft “consulting agreement,” stating that he had drafted it so as to address “any issue that someone might have that the payments are for navigator grant work.”  Rodriguez was subsequently paid more than $20,000 by the nonprofit in “consulting fees” between December 2015 and December 2016 after the execution of the “consulting agreement.”  Those “consulting fees” were in fact a commission on the federal grant in return for his preparation of the grant application.

Rodriguez continued to work on the nonprofit’s behalf while a City employee by, among other things, 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 regarding Rodriguez’s conduct as a member of the City commission and as a City employee.   In January 2018, during the course of the City Auditor’s investigation, Rodriguez drafted a letter to the City Auditor that contained multiple false statements regarding his relationship with the nonprofit, and the letter was later finalized and submitted to the City Auditor.  At a June 2019 City ethics hearing, Rodriguez testified falsely under oath that the money he had been provided by the nonprofit was reimbursement for previous expenses incurred on the nonprofit’s behalf. 

Rodriguez pleaded guilty to one count of conspiracy to misapply federal funds and to falsify records in an investigation within the jurisdiction of an agency of the United States.  He is scheduled for sentencing on March 24, 2022 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

The FBI is investigating the case.

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

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EL PASO – An Arkansas man was sentenced today to 50 years in prison for committing multiple acts of sexual abuse against children.

In addition to the prison term, United States District Judge David C. Guaderrama ordered the defendant to pay $20,000 to the Justice for Victims of Trafficking Fund and be placed on supervised release for the remainder of his life after completing the prison term.

On May 7, 2021, a federal jury convicted Carl Monroe Gordon, 50, of Hot Springs, of one count of aggravated sexual abuse of a child; two counts of travel with intent to engage in illicit sexual conduct; and one count of abusive sexual contact with a child. Evidence presented during trial revealed that during Christmas 2018 and in July 2019, Gordon engaged in the sexual abuse of two minor children at residences located on Fort Bliss. Testimony during trial also revealed that Gordon had sexual contact with one of the minors over many years, beginning when the child was just seven years old.

An extensive investigation revealed that Gordon had engaged in a pattern of sexually abusing minor children for nearly three decades. This conduct occurred in Arkansas, California, Tennessee and Texas.

Gordon was arrested on December 22, 2019, at the Hartsfield-Jackson Atlanta International Airport, where he was returning from a work assignment in Baghdad, Iraq. He has remained in custody since his arrest.

“Perhaps the most concerning cases that my office investigates involve the violation of children by those responsible for their care. The details of this case are alarming. Equally unfathomable is the heroic effort of these children who stepped forward to ensure that this individual would not be able to victimize others,” said U.S. Attorney Ashley C. Hoff. “Today’s sentence reflects the dedication of prosecutors and law enforcement within the Western District of Texas to vigorously pursue justice in these cases.”

“The partners of the FBI El Paso Crimes Against Children/Human Trafficking Task Force worked tirelessly to ensure this defendant will never intimidate, coerce or victimize a child again,” said FBI Special Agent in Charge Jeffrey R. Downey.  “Today’s sentence of 50 years will hopefully bring some closure and allow the victims and their families to move forward from this heinous crime.”

The investigation was conducted by the FBI, El Paso Division, with assistance from the United States Army Criminal Investigation Division and U.S. Customs and Border Protection. FBI Atlanta, Airport Resident Agency, FBI Little Rock, FBI Knoxville, and FBI Wheeling Resident Agency also provided invaluable assistance.

Assistant United States Attorneys Michelle Winters and Ian Martinez Hanna 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 13 individuals were arrested on criminal charges for their alleged involvement in  fentanyl distribution.

According to court documents, Marcos Garcia, 18, of Somerton, AZ; Oliver Garcia, 20, of Lockhart; Christopher Brook, 23, of Austin; Jaime Cabrales, 23, of Austin; Matthew Juan, 19, of Austin; Adi Martinez Marquez, 19, of Austin; Andrew Ruben Ramirez, 23, of Austin; Ezequiel Azmitia-Jimenez, 19, of Lockhart; Michael Bauman, 18, of Austin; Daemon Lye Garcia, 19, of San Marcos; Ernest Ochoa, 18, of Austin; and Josue Nolasco-Campuzano, 20, of Live Oak, were arrested on charges of distributing fentanyl in the Austin area.

“This operation demonstrates this Office’s commitment to the disruption and prosecution of criminal organizations destroying communities through the distribution of deadly counterfeit prescriptions laced with fentanyl,” said U. S. Attorney Ashley C. Hoff.  “We will continue to work with our law enforcement partners to confront this escalating problem.”

“Today’s coordinated law enforcement operation dismantled an enterprise responsible for the distribution of counterfeit pills; these fake pills laced with fentanyl were clandestinely manufactured to mimic the prescription pharmaceutical Oxycodone,” said Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Division.  “Counterfeit pills have become a real and viable threat to the American people.  We caution every person to never consume pharmaceuticals unless under licensed medical care and sourced from a licensed pharmacy.  The DEA will continue to relentlessly pursue any individual or organization that threatens our communities with these fake deadly pills.” 

Marcos Garcia, Oliver Garcia, Brook, Cabrales, Juan, Marquez, Ramirez and Azmitia are charged by federal indictment with one count of conspiracy to distribute fentanyl.  If convicted, each defendant faces up to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Bauman, Daemon Garcia, Ochoa and Nolasco are charged by federal criminal complaint of possessing with intent to distribute fentanyl. If convicted, each defendant faces up to life in prison.

The DEA, FBI, U.S. Postal Inspection Service, and the Austin, Cedar Park, San Angelo, and San Marcos Police Departments are investigating the case.

Assistant U.S. Attorney Mark Marshall is prosecuting the case.

An indictment or 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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WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that defense contractor Maytag Aircraft Corporation (“Maytag”) has agreed to pay $1,901,200.96 to resolve allegations the company negligently caused a jet fuel spill at Fort Hood’s Robert Gray Army Airfield Bulk Storage and Hydrant Facility (“RGAAF”) and made false statements to federal investigators to avoid contractual liability for the cleanup costs.

Defense Logistics Agency (“DLA”) Energy contracted with Maytag to provide services to operate and maintain the government aviation and ground fuel facilities at Fort Hood, including RGAAF. The United States alleged that on January 30, 2014, Maytag employees negligently failed to close a fuel separator valve during operation of the RGAAF fuel system. The open valve and pressure in the system caused fuel to overflow the capacity of the underground waste fuel tank, spew out of the ground, and migrate into the nearby creek. Maytag’s contract with the United States required it to ensure that the fuel valves were secured when not in use.

As a result of the spill, DLA Energy undertook emergency spill response actions in 2014 and continued to engage in environmental remediation efforts through 2020 due to the location and nature of the cleanup needed. The United States contended that Maytag was liable for the costs of such spill response and remediation under its contract with DLA Energy, which required reimbursement of damages. Those damages included the cost of containment and clean up, property damage, and lost fuel resulting from Maytag’s negligence.

Following the spill, DLA Energy and the Defense Criminal Investigative Service investigated the cause of the incident. The United States alleged that, in connection with those investigations, Maytag employees made false statements to the government to avoid contractual liability for the cost of remediation. For example, Maytag employees falsely told investigators that that the valve was closed and that there was a lock on the valve prior to the spill. The United States contended that these statements violated the “reverse false claims” provision of the False Claims Act, which imposes civil liability on those who act improperly to evade an obligation to pay money to the government.

“The United States expects contractors that operate on military bases to be good stewards of federal lands and federal property,” said U.S. Attorney Hoff. “We will hold these contractors responsible for actions that cause environmental harm and negatively affect the health and safety of uniformed service members, civilian employees, and the community.”

 “The Defense Logistics Agency values our relationships with industry partners,” said DLA spokesman Patrick Mackin. “We are pleased that we could resolve this long-standing claim and relieve the American taxpayer of the financial burdens caused by the fuel spill and clean-up.”

Assistant U.S. Attorneys Jacquelyn Christilles and Thomas Parnham represented the United States in this matter.

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

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WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that Integrated Pain Associates, PLLC (“IPA”), a pain clinic headquartered in Killeen, and Central Texas Day Surgery Center, LLC (“CTDSC”), an affiliated ambulatory surgery center, have agreed to pay the United States and the State of Texas $836,702.88 to resolve allegations they violated the False Claims Act by overbilling federal healthcare programs.

The United States’ allegations arise from IPA and CTDSC’s submission of claims to Medicare, Medicaid, and TRICARE for facet joint injections, transforaminal injections, and radiofrequency ablation procedures. The United States contends that the defendants billed for more units or levels of these procedures than they performed. For example, the United States alleges that even when a patient received only a single injection, IPA and CTDSC would sometimes bill the government as though the patient had received two or three injections, thereby increasing the amount paid for the procedure.

“We will not allow health care providers to enrich themselves at taxpayer expense,” said U.S. Attorney Hoff. “We are grateful to our partners at the Department of Health and Human Services Office of Inspector General, the Defense Criminal Investigative Service, and the Civil Medicaid Fraud Division of the Office of the Attorney General of Texas for their assistance in obtaining this significant recovery.”

“Health care providers who try to boost their profits by overbilling federal health care programs will be held accountable for their actions,” said Special Agent in Charge Miranda L. Bennett of the Department of Health and Human Services Office of the Inspector General.  “In coordination with our law enforcement partners, our agency will continue to safeguard critical health care programs from such schemes.”

“The Department of Defense Office of Inspector General, Defense Criminal Investigative Service (‘DCIS’) and our law enforcement partners diligently investigate allegations of fraud against individuals or companies attempting to take advantage of the military healthcare system, known as TRICARE,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office.  “Today’s outcome reflects DCIS’s steadfast commitment to protect our Warfighters and their families and hold accountable those who perpetrate the fraud.”

The civil settlement of these allegations includes the resolution of claims brought under the qui tam provisions of the False Claims Act by Susan Edwards. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and Texas ex rel. Edwards v. Integrated Pain Associates, et al., 5:15-cv-00315-FB (W.D. Tex.).

Assistant U.S. Attorney Thomas Parnham represented the United States in this matter.

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

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AUSTIN – Today a San Antonio man pleaded guilty in federal court to embezzling over $1.1 million from the City of Johnson City, Texas.

According to court documents, starting in 2015 and continuing until around September 2020, Anthony Michael Holland, 36, embezzled at least $1,175,866.96 from city accounts.  Holland used the money for his personal benefit, including purchasing a residence in San Antonio.

According to court documents, Holland was a Johnson City employee when he carried out the embezzlement.  At various times, he held the offices of City Secretary and Chief Administrative Officer.  Holland concealed the embezzlement by falsifying city financial records and other documents.

Holland pleaded guilty to one count of theft from a state or local government that receives federal program funds.  A sentencing date has not been set.  Holland faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

The FBI, with invaluable assistance from the Johnson City Police Department, is investigating the case.

Assistant U.S. Attorneys Alan M. Buie and Robert Almonte are prosecuting the case.

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SAN ANTONIO – Today a San Antonio man was sentenced to 168 months in prison for attempting to coerce and entice a minor.

According to court documents, Rick Benavides, 48, responded to a post purportedly from a 14-year-old who was visiting a relative on Joint Base San Antonio – Lackland (LAFB).  Benavides requested multiple times that the child send him naked photos.  He also stated numerous times he wanted to engage in sexual acts with the minor.  Benavides made plans to pick the child up at the park on LAFB and take the minor to his house to engage in sexual activities. 

Unbeknownst to Benavides, he was chatting with U.S. Air Force—Office of Special Investigations (AFOSI) undercover agents. When Benavides entered LAFB and attempted to meet the child, he was arrested by AFOSI agents.

“Mobile applications are great tools which have enhanced many areas of our lives in recent years; however, we must protect our children from predators hiding behind the cloak of anonymity they provide,” said U.S. Attorney Ashley C. Hoff.

On July 8, 2021, Benavides was found guilty by a federal jury of one count of attempted coercion and enticement of a minor.

The AFOSI investigated the case.

Assistant U.S. Attorney Bettina Richardson prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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PECOS – Today a federal jury convicted Pedro Ramirez-Urbina, 41, a Mexican national on 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.

According to court documents and evidence presented at trial, 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.

Approximately 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. Ramirez was identified as the foot guide in charge of the group.

Sentencing is scheduled for March 29, 2022.  Ramirez has remained in federal custody since his arrest on June 27, 2021

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho made the announcement.

HSI is investigating the case.

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

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DEL RIO – Hazel Eileen Diaz, aka Sandra, 51, a detective with the Eagle Pass Police Department was arrested in Eagle Pass today on criminal charges related to her alleged participation in a conspiracy to harbor undocumented noncitizens. 

On December 8, 2021, Diaz; Tomas Alejandro Mendez, 26; and Paola Nikole Cazares, 20, were all charged by superseding indictment with one count of conspiracy to harbor illegal aliens, pursuant to Title 8, United States Code, Section 1324.  If convicted, the defendants face up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Mendez and Cazares, both from Eagle Pass, were previously arrested and remain in federal custody since their arrest on August 26, 2021. 

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

The FBI, with assistance from Homeland Security Investigations, is investigating the case.

Assistant U.S. Attorney Stephen Kam is prosecuting the case.

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

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PECOS – Today a federal jury convicted a Monahans man for being a felon in possession of a firearm.

According to court documents and evidence presented at trial, Jacob Lynn Lyon, 29, was previously convicted for prior felonies including armed robbery, theft of a firearm and burglary of a habitation.  On May 28, 2020, ATF agents did a consensual search of Lyon’s residence and found two handguns and a rifle.

Lyon was remanded into federal custody after the verdict.  He is scheduled for sentencing on March 28, 2021, before U.S. District Judge David Counts.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II made the announcement.

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

Assistant U.S. Attorney Lance Kennedy is 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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SAN ANTONIO – A Karnes City man was sentenced yesterday to 24 months in prison for illegally possessing a firearm.

According to court records, on October 28, 2020, FBI agents arrested Cameron Emerson Casey Rankin, 22, at his residence where they recovered a semi-automatic rifle during the execution of a search warrant.   The illegally possessed firearm had the capability and means to affect violence in furtherance of his beliefs.  Rankin expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS.  Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018 but was denied the firearms transactions under the “Prohibited Category” for previously being judicially committed to a mental institution.

On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd.  The next day, Rankin posted on his Facebook account photos of himself and others carrying firearms at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.” 

On April 27, 2021, Rankin pleaded guilty to one count of possession of a firearm by one who has been judicially committed to a mental institution.  He has been in federal custody since his arrest on October 28, 2020.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Christopher Combs; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.

The FBI and ATF investigated the case.

Assistant U.S. Attorneys William R. Harris and Mark T. Roomberg prosecuted the case.

The FBI-Joint Terrorism Task Force investigated this 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 – A Maryland man was sentenced today to 170 months in prison for possession of child pornography.

According to court documents and testimony at trial, Hae Yeong Song, 29, was stationed at Joint Base San Antonio and was a private first class in the Army.  Around January 2018, Song’s cell phone was searched as part of an investigation by the United States Army Criminal Investigation Command into another matter.  Images and videos of child pornography were found on Song’s phone.  In addition, conversations between Song and an unidentified Korean national were discovered.  In those conversations, Song requested child pornography images of elementary aged children.

On July 21, 2021, U.S. District Judge David A. Ezra found Song guilty of one count of receipt of child pornography and one count of possession of child pornography.  Song has remained in federal custody since his guilty verdict in July 2021.

In addition to the prison sentence, Song was ordered to pay $22,500 in restitution.

“This case involved the sexual abuse of children as young as three years old,” said U.S. Attorney Ashley C. Hoff. “Child predators inflict immeasurable harm and we will continue to work closely with our partners to deliver justice for victims.”

“The FBI is adamant about protecting children online - to include graphic images and videos of children,” said FBI Special Agent in Charge Christopher Combs. “Those who traffic in obscene material continue the abuse of that child that was captured when the file was created. The FBI will work tirelessly to prosecute these offenders that continue to traffic and possess these types of files.”

The FBI, with assistance from the U.S. Army Criminal Investigation Command, investigated the case.

Assistant U.S. Attorneys Bettina Richardson and Eric Yuen prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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SAN ANTONIO – A Mexican businessman was arrested yesterday in Houston and a Mexican businesswoman is in federal custody on criminal charges related to their alleged involvement in a fraud scheme.

According to court documents, Juan Carlos Martinez Cecias Rodriguez (Martinez), 51, is the owner of Mobile Coatings Management (MCM) and part owner and president of Uberwurx, doing business as RhinoPro, a spray-on truck bedliner and truck accessory company.  Karina Hernandez, 41, is part owner of Texas Franchise and Business Consulting (TFBC).  TFBC mainly targets and markets to Mexican nationals interested in starting businesses in Texas.

Martinez marketed himself and Uberwurx as providing a mechanism for investors to gain E-2 visas for legal entry into the U.S.  An E-2 visa is reserved for foreign entrepreneurs that allows them to work inside of the U.S. based on a substantial investment in a bona fide enterprise.

Martinez worked with Hernandez to market and sell the Uberwurx franchise to Mexican national investors but failed to make many guaranteed payments to investors.  Martinez’s company, MCM, managed the Uberwurx franchises instead of the investors doing so in violation of  E2 visa requirements. Martinez instructed investors to omit from their E2 visa applications the fact that MCM managed the franchises.

Martinez and Hernandez perpetrated this scheme on at least 120 different investors between January 2017 and December 2021 with a loss of more than $30 million.

Rodriguez and Hernandez are charged with one count of conspiracy to commit wire fraud, four counts of wire fraud, and four counts of encouraging and inducing illegal immigration for private gain. If convicted, Rodriguez and Hernandez face up to 20 years in prison on each of the wire fraud counts and up to 10 years in prison on each of the encouraging illegal immigration counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

The FBI is investigating the case.

Assistant U.S. Attorney Daphne Newaz is prosecuting the case.

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

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EL PASO – An El Paso man was sentenced today to 151 months in prison for coercion and enticement of a minor.

According to court documents, on August 25, 2021, Eduardo Lara Jr., 24, pleaded guilty to one count of enticing a minor to engage in sexual activity. By pleading guilty, Lara admitted that he engaged in sexual activity with a 13-year-old on at least two occasions in El Paso in February and March 2020. In March 2021, the parents of the minor reported the child missing. It was later determined that Lara took the child to Mexico where he engaged in sexual activity with the child over the course of several days. Lara further admitted that he sent the child sexually explicit photographs via a social media application and requested such photographs in return.

Lara has remained in custody since his arrest on April 17, 2020.

“This case epitomizes every parent’s worst nightmare. A cyber predator befriended and manipulated a child into running away with him,” said U.S. Attorney Ashley C. Hoff. “We have a mandate to protect the children in our community from criminals that want to harm them. Today’s sentence reflects this office’s dedication to that mandate.”

“Homeland Security Investigations (HSI) special agents and our law enforcement partners, successfully took another child predator off the streets,” said Taekuk Cho, Acting Special Agent in Charge of HSI El Paso. “This sentence exemplifies the commitment of HSI to identify, apprehend, and prosecute those individuals who engage in coercing and enticing minors via the internet.”

HSI, with invaluable assistance from the El Paso Police Department and Customs and Border Protection, investigated the case.

Assistant U.S. Attorney Michelle Winters prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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AUSTIN – A Waco man was sentenced today to 15 years in prison for the sexual exploitation of  children.

According to court documents, Arthur Ray Dickey Jr., 32, produced a video while engaged in sexual intercourse with a minor.  In addition to the 15 years in federal prison, the defendant was ordered to serve 10 years of supervised release after his term of incarceration.

In January 2020, the defendant also was sentenced by the State of Texas to eight years in state prison for aggravated robbery and compelling prostitution.  The state and federal sentences will run consecutive.

“Sexual predators seeking to exploit vulnerable children in violation of federal law will be held accountable to the fullest extent of the law,” said U.S. Attorney Ashley C. Hoff.

On June 28, 2021, Dickey pleaded guilty to one count of sexual exploitation of children. 

The Austin Police Department investigated the case.

Assistant U.S. Attorney Grant Sparks prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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AUSTIN – A Brazilian national was sentenced today to 60 years in prison for sexual exploitation of a child, followed by 10 years of supervised release. Defendant was also ordered to pay restitution to his victims.

According to court documents, Luann Fabric Campos Leao Hida, aka “Luann Hida,” “Luann Leao,” and “LOTR,” 27, enticed minors to engage in sexually explicit conduct and produced visual depictions of the conduct.  Hida would furnish alcohol and e-cigarettes to minors.  In addition, he would give money and vaping materials to the minors in exchange for sexual favors.

On August 26, 2021, Hida pleaded guilty to two counts of sexual exploitation of a child and one count of distribution of child pornography.

Hida has remained in federal custody since his arrest on July 1, 2019.

“This is one of the most heinous child sexual crimes we have seen in our community and the Court recognized this with its sentence,” said U.S. Attorney Ashley C. Hoff.  “Child sexual predators cause incalculable and long-lasting damage to our communities, the individual victims, and the families of the victims and we will continue to prosecute these cases aggressively to bring justice for the victims and protect our communities.”

“This case is particularly egregious, as it involved 20 child victims over the course of four years,” said FBI Special Agent in Charge Christopher Combs. “The FBI and our law enforcement partners are committed to protecting our community's vulnerable children and holding accountable those who would harm them.”

The FBI investigated the case in conjunction with the U.S. Secret Service, Hays County Sheriff’s Office, Lakeway Police Department, Travis County Sheriff’s Office, Bee Cave Police Department, and Austin Police Department.

Assistant U.S. Attorneys G. Karthik Srinivasan and Keith M. Henneke 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 – An El Indio man pleaded guilty today to transportation of undocumented non-citizens.

According to court documents, on March 22, 2021, Luis Enrique De La Cerda, 55, was identified as the driver of a tractor trailer traveling through Pearsall.  Witnesses reported to law enforcement that multiple body parts were observed sticking out from the rear of the trailer, including the head of a male child.  The tractor trailer parked in an abandoned parking lot near the outskirts of town where De La Cerda opened the rear trailer door, allowing multiple individuals to stream out of the trailer.  Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS) and the Pearsall Police Department were at the scene and apprehended De La Cerda.  In addition, 69 undocumented non-citizens, including five unaccompanied minors, were detained from the tractor trailer.  Many complained of difficulty breathing due to no ventilation and hot temperatures in the trailer.

De La Cerda pleaded guilty today to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324.  He is scheduled to be sentenced on March 9, 2022 and faces a maximum sentence of five years in prison. United States District Judge Jason K. Pulliam will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

HSI, with assistance from DPS and the Pearsall Police Department, is investigating the case.

Assistant U.S. Attorney Matthew W. Kinskey is prosecuting the case.

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DEL RIO – A Del Rio man was sentenced today to 10 years in prison for possessing over a 1,000  images of child pornography.

According to court documents, in July 2018 Homeland Security Investigations (HSI) agents executed a search warrant on the residence of William Read, 71.  During the search, investigators seized Read’s desktop computer and related computer media among other things.  A forensic examination of the seized items revealed the presence of images and videos of material depicting the sexual exploitation of minors.  Read  possessed 1,093 images of child pornography. On August 26, 2019, Read pleaded guilty to one count of possession of child pornography.

In addition to the prison term, U.S. District Judge Alia Moses ordered that Read be placed on supervised release for a period of five years after his incarceration and that he pay $105,051.40 in restitution.

“Child sexual exploitation is an intolerable crime,” said U.S. Attorney Ashley C. Hoff.  “We continue our vigorous prosecution of child predators to safeguard our children and communities.”

“This sentencing sends the message that we are committed to aggressively pursuing anyone who seeks to exploit children,” said Shane Folden, Special Agent in Charge for HSI San Antonio. “We will continue to dedicate our law enforcement resources to identify and bring to justice predators who traumatize and victimize children."

HSI investigated this case with valuable assistance from the Del Rio Police Department and Val Verde County Sheriff’s Office. 

Assistant U.S. Attorneys Rex Beasley, Stephen Kam and Sarah Spears prosecuted this 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 – Yesterday, a Universal City man was sentenced to five years in federal prison for being a felon in possession of a firearm.

According to court documents, in April 2020, the Bexar County Fire Marshal’s Office (BCFMO) issued a “Be on the Lookout” alert for Joshua Conan Faleide, 43, who had two explosives-related warrants for his arrest. BCFMO and Universal City Police Department arrested Faleide at his Universal City hotel room, where he had three loaded firearms, including a loaded SKS rifle, which had been mounted on a bipod near the entryway of the room. Faleide had previously been convicted of felony Assault on a Public Servant in Bexar County.

On July 29, 2021, Faleide pleaded guilty to one count of being a felon in possession.

“Faleide's conviction and sentencing highlight our continuing efforts to prosecute violent actors who illegally carry firearms and endanger our community,” said U.S. Attorney Ashley C. Hoff.

“This defendant has proven that he has the propensity for violence on multiple dangerous levels,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski.  “This sentence shows that removing convicted felons who possess firearms and those who wish to endanger our communities is the top priority for ATF and our law enforcement partners.”

The ATF and the Bexar County Fire Marshal’s Office investigated this case.  The Universal City Police Department assisted with the arrest. 

Assistant U.S. Attorney William Calve prosecuted this case on behalf of the government.

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 – A Corpus Christi man was sentenced today to 33 months in federal prison for assaulting a female on Joint Base San Antonio - Lackland.

According to court records, on November 28, 2020, Robert Allen Cavazos, 51, and a woman were arguing in an RV located in the housing area of Lackland.  When the woman tried to leave, Cavazos grabbed her arm and pulled her into the RV and blocked the door.  The woman continued to try and leave but Cavazos kept pushing her and throwing her to the floor.  At one point Cavazos put her in a choke hold.  He also put his hands around her neck in order to strangle her.  The woman was eventually able to get away and contacted Security Forces about the assault.

On August 17, 2021, Cavazos was found guilty by U.S. District Judge Jason K. Pulliam of assault.

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

The FBI investigated the case.

Special Assistant U.S. Attorney Tiffany Miller prosecuted the case.

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SAN ANTONIO – This week, two San Antonio residents were sentenced for their roles in health care fraud schemes.  Yesterday, Nancy Almaguer, 42, was sentenced to 18 months in prison and today Christopher Felix Montoya, 47, was sentenced to two 18-month prison sentences to run consecutively.

According to court documents, Montoya was a licensed physician’s assistant and owner of TPC Family Care and Medical Clinics in San Antonio and Laredo.  Almaguer was the Chief Operating Officer for the clinics.  Beginning in September 2018 through June 2019, Montoya and Almaguer agreed to refer lab testing requests to specific laboratories.  The labs billed insurance programs, including Medicare and TRICARE, and paid Almaguer and Montoya a percentage of their receipts in return for the referrals.  The kickback schemes resulted in over $500,000 in billings to public and private insurance companies.

In July and September of 2021, Montoya and Almaguer, respectively, pleaded guilty to one count of conspiracy to defraud the U.S. and to pay and receive health care kickbacks.

In a separate case, in July 2021, Montoya pleaded guilty to one count of conspiracy to receive health care kickbacks.  In this case, Montoya admitted that for five months beginning in February 2015 he received kickbacks to write prescriptions for compounded medication from a California-based pharmacy that had high TRICARE reimbursements.  Based on the evidence, TRICARE was billed $8,832,268.73 for prescriptions Montoya wrote to which TRICARE paid out $6,690,598.77.

In addition to the prison sentence, Almaguer was ordered to forfeit $137,792.10 in criminal proceeds and pay $52,603.62 in restitution.  Montoya was ordered to pay a total of $849,865.93 in restitution.

“Kickback regulations exist to protect patient choice and ensure that only medically necessary procedures are performed,” said U.S. Attorney Ashley C. Hoff.  “Our office continues to help protect federal insurance programs from fraud. We hope that these sentences communicate that these regulations should be taken seriously.”

“Health care fraud significantly harms the U.S. economy by costing this country billions of dollars a year,” said FBI Special Agent in Charge Christopher Combs. “Those losses result in rising medical costs for all Americans. The FBI is committed to investigating those involved in this crime through investigative partnerships with other federal agencies.”

The FBI; Texas Attorney General’s Office Medicaid Fraud Control Unit; U.S. Department of Health and Human Services—Office of Inspector General; the U.S. Office of Professional Management—Office of Inspector General; and the Defense Criminal Investigation Service investigated this case. 

Assistant U.S. Attorneys Justin Chung and William R. Harris prosecuted this case on behalf of the government and Assistant U.S. Attorney Antonio Franco handled the forfeiture aspects.                     

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PECOS – Today a federal jury in Pecos convicted a Mexican national for his role in distributing marijuana.

According to court documents and evidence presented at trial, Tomas Herrera-Quinones, 33, and six other co-defendants were charged with one count of conspiracy to possess with intent to distribute marijuana and one count of possession of over 100 kilograms of marijuana.  A federal jury found Herrera guilty of both counts. 

Herrera faces a maximum penalty of 20 years in prison on each count and is scheduled for sentencing in March 2022.

Six co-defendants, all from Mexico, have pleaded guilty in this case.  Jesus Olegario Chaparro-Fontes, 28; Wenceslao Chaparro-Fontes, 26; Martin Eduardo Torres-Bojorquez, 22; Francisco Vasquez-Baldenegro, 35; and Eliceo Vasquez-Baldenegro, 30, pleaded guilty to one count of possession with intent to distribute marijuana.  Juan Torres-Chaparro, 33, pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana.

Wenceslao Chaparro; Martin Torres; Juan Torres; Francisco Vasquez; and Eliceo Vasquez are scheduled for sentencing on January 25, 2022.  Jesus Chaparro is scheduled for sentencing on February 22, 2022.

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

The DEA is investigating the case.

Assistant U.S. Attorneys Lance Kennedy and Scott Greenbaum are prosecuting the case.

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WACO – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Western District of Texas, Waco was awarded funding totaling $1.5 million.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

“This grant will provide 12 more police officers in the Waco community,” said U.S. Attorney Ashley C. Hoff.  “This is a wonderful opportunity that helps law enforcement continue protecting and building trust with the citizens of Waco.”

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.  

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

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EL PASO – The sixth and last defendant in a marijuana and cocaine conspiracy case was sentenced on Monday to 17 years in prison for his role in the conspiracy.

According to court documents, Carlos Moreno-Reyes, aka Charlie Brown, 46, of Clint, led a Drug Trafficking Organization (DTO) from October 2008 until April 2019.  The DTO operated in the El Paso area and was responsible for transporting and distributing marijuana and cocaine from El Paso to destination cities, including Oklahoma City.  Moreno admitted that he was paid approximately $25,587,400 for his role in the DTO.

Other members of the conspiracy included Jose Luis Ortiz-Valenzuela, aka Pelon, 37, of Avondale, AZ; Julio Adrian Terrazas, aka JT, 31, of Fabens; Edgar Sanchez, aka Siez, Chavalito, 29, of Fabens; Jacinto Olivas-Cervantes, aka Chente, Chinto, 53, of San Elizario; and Oliva Beltran-Paez, 33, of Clint.

“I am grateful for the tireless efforts of our law enforcement partners as we work together to pursue not only individual drug traffickers peddling this poison, but also large drug trafficking organizations and their leadership,” said U.S. Attorney Ashley C. Hoff. 

“The Department of Homeland Security Investigations (HSI) continues to aggressively pursue narcotics traffickers,” said Taekuk Cho, Acting Special Agent in Charge for HSI El Paso. “Our work is not done, and our resolve in attacking the drug trade and the cartels is as strong as it’s ever been.”

On February 26, 2020, Moreno pleaded guilty to one count of conspiracy to possess cocaine and one count of bulk cash smuggling.

Sanchez and Ortiz-Valenzuela pleaded guilty to one count of conspiracy to possess cocaine.  On March 11, 2020, Sanchez was sentenced to 120 months in prison. On July 17, 2020, Ortiz was sentenced to 96 months in prison.

Olivas-Cervantes and Terrazas pleaded guilty to one count of conspiracy to possess marijuana.  On February 25, 2020, Olivas was sentenced to 30 months in prison. On July 20, 2020, Terrazas was sentenced to 46 months in prison.

Beltran-Paez, pleaded guilty to one count of bulk cash smuggling.  On February 28, 2020, Beltran was sentenced to five years of probation.

HSI investigated the case.

Assistant U.S. Attorney Andres Ortega prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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AUSTIN – A federal complaint was unsealed charging Franklin Barrett Sechriest, 18, of San Marcos, with arson in connection with the fire intentionally set at the Congregation Beth Israel synagogue in Austin on October 31, 2021.  Sechriest had an initial appearance in federal court today in Austin on the complaint. 

According to court documents, on October 31, 2021, Sechriest allegedly set the fire at the synagogue, which caused several thousand dollars in damage.  Earlier, on October 28, 2021, Sechriest’s vehicle was identified on security footage at the synagogue.

“Arson at a sacred place of worship shakes the very foundations of our society,” said U.S. Attorney Ashley C. Hoff. “This Office strongly condemns the intentional act of violence alleged in the complaint and will vigorously prosecute this type of conduct to the fullest extent possible. I commend the Austin Fire Department, the FBI and our other law enforcement partners for their outstanding investigative work.”

“I would like to thank the Austin Fire Department for their partnership with the FBI’s Joint Terrorism Task Force in Austin, Texas,” said FBI Special Agent in Charge Christopher Combs.  “Our dedicated partnership, in this investigation and many others, serves as an innovative and effective model to ensure the protection of our communities and critical infrastructure throughout the United States.”

If convicted of the charge alleged in the complaint, Sechriest faces a maximum penalty of 20 years in prison.

Sechriest is scheduled for a preliminary examination and detention hearing on November 17 at 10:30 a.m.  He remains in federal custody since his arrest on November 12, 2021.

Assistant U.S. Attorney Matthew Devlin is prosecuting the case.  The FBI and Austin Fire Department are investigating the case.

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

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A federal jury convicted a Texas man today for multiple child exploitation offenses involving an 11-year-old child.

According to court documents and evidence presented at trial, Martin Renteria, 52, of Midland, enticed an 11-year-old into engaging in sexual acts on multiple occasions. Renteria purchased expensive gifts for the child in exchange for the sexual acts. On at least one occasion, he also recorded a video of one of the sexual acts. According to court documents and evidence presented at trial, Renteria had committed similar crimes in the past.

Renteria was convicted of production of child pornography, sex trafficking of a child, possession of child pornography, and committing a new crime against a child while registered as a sex offender. He is scheduled to be sentenced on Feb. 11, 2022 and faces a mandatory minimum of 15 years and maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and U.S. Attorney Ashley C. Hoff for the Western District of Texas made the announcement.

The Midland Police Department investigated the case, with computer forensics assistance from the Justice Department’s High Technology Investigative Unit.

Trial Attorneys Alicia A. Bove and Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Monica L. Daniels of the Western District of Texas are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the 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.

ALPINE – A Las Cruces man was arrested yesterday in Brewster County on criminal charges related to his alleged involvement in  human trafficking.

According to court documents, Javier Duarte, 22, was driving a box truck through the Highway 118 checkpoint when U.S. Border Patrol Agents referred him to secondary inspection.  Agents found 67 people concealed in the truck.  Four of the individuals were minors, ranging from eight  to 13 years old.  In addition, three of the individuals were found to have prior aggravated felonies to include rape, possession with intent to distribute drugs and crimes involving moral turpitude.

Duarte is charged by criminal complaint with one count of transportation of aliens and one count of aiding or assisting aliens to enter the U.S. who were previously convicted of an aggravated felony.  If convicted, Duarte faces a maximum penalty of 10 years in prison on both 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; Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho; and Big Bend Sector Chief Patrol Agent Sean McGoffin made the announcement.

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

Assistant U.S. Attorneys Lance Kennedy and Kevin Eaton 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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DEL RIO – Federal agents arrested nine of the 10 defendants charged in an 11-count indictment involving human smuggling.   The following are charged with one count of conspiracy to transport undocumented noncitizens:  Sebastian Tovar, 25, of Toledo, Ohio; Nicolas Mondragon-Gonzalez, aka “Chayo” and “Flaco,” 33, of Austin; Veronica Torres-Mendez, 34, of Austin; Jennifer Oralia Davis, aka “Paypa,” 40, of San Antonio; Ruben Junior Rodriguez-Jaimes, 19, of Bastrop; Lauren Michelle Malmquist, aka “Mama” and “Lala,” 32, of Round Rock; Eduardo Rivera Benitez, aka “Lalo” and “Casper,” 23, of Bastrop; Marco Antonio Hernandez, aka “Temo,” 19, of Paige; and Jose Eli Rodriguez, 21, of Austin.

According to court documents, on March 15, 2021, Tovar was driving a Dodge Ram near Del Rio when a Texas Department of Public Safety (DPS) trooper attempted to stop the vehicle.  Tovar tried to evade law enforcement and eventually crashed the vehicle into oncoming traffic.  Eight people, who were in the truck, died from injuries sustained from the crash as well as one person who was seriously injured.  All nine were undocumented noncitizens and illegally present in the U.S.  In addition, two U.S. citizens were seriously injured in the head-on collision when Tovar struck their vehicle.

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

Hernandez is pending arrest.

Tovar, Mondragon, Torres, Davis, Rodriguez-Jaimes, Malmquist and Benitez are also charged with one count of transporting undocumented noncitizens resulting in death.  Tovar is also charged with one count of conspiracy to transport undocumented noncitizens resulting in serious bodily injury and one count of illegal transportation of undocumented noncitizens resulting in serious bodily injury.  Mondragon, Davis and Rodriguez-Jaimes are additionally charged with two counts of transportation of undocumented noncitizens.  Torres is additionally charged with four counts of transportation of undocumented noncitizens.  Hernandez, Jose Rodriguez, and Luna are additional charged with one count of transportation of undocumented noncitizens.

All defendants face a maximum sentence of 10 years in prison for the conspiracy to transport undocumented noncitizens.  Tovar, Mondragon, Torres, Davis, Rodriguez-Jaimes, Malmquist and Benitez face a maximum of life in prison for the transportation of undocumented resulting in death charge.  Tovar faces a maximum 20 years in prison on each of the conspiracy to transport and the transportation of undocumented noncitizens resulting in serious bodily injury charges. Mondragon, Torres, Davis, Rodriguez-Jaimes, Hernandez, Jose Rodriguez and Luna face up to 10 years in prison for each count of transportation charged.  If convictions result, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

HSI, USBP and DPS are investigating the case.

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

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

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SAN ANTONIO – A San Antonio man was sentenced today to 20 years in prison for possession of child pornography.

According to court documents, Enrique Roman Martinez Jr., 35, pretended to be a young girl on a social media chat platform who befriended a 10-year-old minor in another state. Martinez also pretended to be a police officer to intimidate the minor.  Through manipulation and coercion, Martinez convinced the child to create sexually explicit images and to send those images to Martinez.

“Child predators will go to extraordinary lengths to exploit and manipulate our children,” said U.S. Attorney Ashley C. Hoff.  “They belong behind bars, and we will continue to work to put them there.”

“The FBI is committed to protecting children, as they the most vulnerable members of our society,” said Special Agent in Charge Christopher Combs, FBI San Antonio Division. “Those who would harm them will face serious consequences and will be held accountable for their actions.”

On April 26, 2021, Martinez pleaded guilty to one count of possession of child pornography.

Martinez has remained in federal custody since his arrest on July 2, 2018.

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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SAN ANTONIO – A former office manager of a prominent local dermatology practice was sentenced today to 46 months in prison for defrauding a medical practice of nearly $350,000 from patient billings and employee profit sharing accounts.

According to court documents, Patricia Ann Doucet, 74, of Karnes City, defrauded her former employer, the Dermatology & Laser Center of San Antonio. Per the indictment, the medical practice’s owner and operator organized and conducted a non-profit educational symposium on regenerative medicine in San Antonio in 2012.  A bank account was established to collect contributions for the symposium event.  That account was to be closed at the conclusion of the symposium. But Doucet, in her capacity as office manager, kept the account open without permission.

From July 2012 to February 2020, Doucet began to embezzle checks and cash paid to the dermatology practice by depositing them into the symposium account. She altered a signature stamp utilized by the practice for its business account or fraudulently endorsed checks by forging the owner’s signature. Doucet also stole money from the practice’s profit-sharing account that was designed to automatically issue checks to cover taxes for the employee’s profit share. Rather than directing those checks to the IRS, Doucet deposited those checks into the symposium account. Doucet then used the symposium account as her slush fund for international and domestic travel, property payments, meal purchases and other personal expenses on credit cards she fraudulently opened in the owner’s name.

In addition to the prison sentence, Doucet was ordered to pay $345,254.44 in restitution.

On August 5, 2021, Doucet pleaded guilty to 10 counts of wire fraud.

Doucet has remained in federal custody since April 23, 2021.

“I agree with Judge Ezra’s comments in court today that Doucet exploited the trust of the victim in this case by perpetrating an exceedingly complex fraud against the victim and his medical practice over the course of nearly eight years,” said U.S. Attorney Ashley C. Hoff.  “We hope the Court’s sentence provides some measure of justice to the victim and sends a message to other fraudsters that their schemes and deception will not be tolerated in our community.”

The FBI investigated the case.

Assistant U.S. Attorneys Matthew W. Kinskey and Joseph E. Blackwell prosecuted the case.

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EL PASO – An El Paso man was sentenced on Tuesday to 41 months in prison for dealing firearms without a license.

According to court documents and testimony at trial, between December 2019 and August 2020, Jose Luis Garcia Jr., 34, purchased at least 49 firearms from Federal Firearm Licensees located in El Paso.  Agents observed that Garcia, who was living in Mexico at the time, would often cross into the U.S. for just a few hours to purchase firearms and then return to Mexico.  On August 8, 2020, Garcia was interviewed by federal agents and asked if he currently owned any of the 49 firearms he had purchased.  Garcia responded he did not own any firearms at the time.

On August 11, 2021, a federal jury found Garcia guilty of one count of dealing firearms without a license.

“As this case readily demonstrates, our office will aggressively prosecute federal firearms violations, particularly when firearms are being placed in the hands of prohibited persons or trafficked to Mexico,” said U.S. Attorney Ashley C. Hoff.

“Homeland Security Investigations (HSI) prioritizes the safety of our community as well as security along the Southwest Border. The trafficking of illegal firearms and ammunition in the United States oftentimes results in weapons falling into the hands of Transnational Criminal Organizations in Mexico. This illicit activity fuels not only crime but aids in sparking violence on both sides of the border,” said HSI Acting Special Agent in Charge Taekuk Cho, El Paso Division.

“Firearms trafficking is a top priority for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and we will continue to leverage both human resources and crime gun intelligence to tackle the issue. We know that violence does not stop at the border and by leveraging the partnerships that law enforcement has we can continue to address the dangerous and illicit activity of firearms trafficking,” said ATF Special Agent in Charge Jeffrey C. Boshek II, Dallas Division. 

HSI and ATF investigated the case.

Assistant U.S. Attorneys Gregory McDonald and Ellen Denum prosecuted the case.

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EL PASO – Today a federal grand jury in El Paso returned an indictment charging an El Paso man with trafficking in drugs and illegal possession of firearms.

According to court documents, Daniel Lee Burmeister, 36, was arrested on October 6, 2021, after a search warrant was executed at a residence where Burmeister was staying. During the search, law enforcement officers found multiple firearms and fentanyl pills.

Burmeister is charged with one count of possession with intent to distribute fentanyl; one count of possession of an unregistered firearm; one count of possession of a firearm not identified by a serial number; one count of possession of a firearm by a convicted felon; and one count of possession of a firearm in furtherance of a drug trafficking crime. The defendant is scheduled for an arraignment next week.  If convicted, Burmeister faces a mandatory minimum of five years in prison and up to a maximum penalty of 40 years in prison on the drug charge; a maximum penalty of 10 years in prison on each of the charges of unregistered firearm, firearm unidentified by serial number, and felon in possession of a firearm; and a mandatory minimum of five years in prison on possession of a firearm in furtherance of a drug trafficking crime. 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 Special Agent in Charge Jeffrey R. Downey; and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek II, Dallas Division, made the announcement.

The FBI and ATF are investigating the case.  Assistant U.S. Attorney Mallory Rasmussen is 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.

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 – Today a Quitman man was sentenced to 400 months in prison for sexually assaulting a child.

According to court documents, on July 19, 2021, Roy Gene Pratt Jr., 40, pleaded guilty to one count of aggravated sexual assault of a child.  By pleading guilty, Pratt admitted to sexually assaulting a seven-year-old victim on Fort Bliss.  Investigators also identified six other minor children, ranging from six to 14 years of age, victimized by Pratt.

Pratt has remained in custody since his arrest in May 2020.

“This successful prosecution was made possible by the tenacious efforts of our law enforcement partners and the courageous victims for whom some measure of justice was delivered today,” stated U.S. Attorney Ashley C. Hoff. “Safeguarding children, the most vulnerable members of our society, will always be a critical priority.”

“These crimes are gut-wrenching, and today’s sentencing is a commitment from the FBI El Paso’s Crimes Against Children/Human Trafficking task force that we will not allow the defendant to assault a child again,” said Jeffrey R. Downey, Special Agent in Charge of the FBI El Paso Field Office. “We will continue to aggressively pursue child sexual assault cases as we are committed to protecting all of our communities, helping victims, and ensuring that justice is served.”

The FBI investigated the case with assistance from the U.S. Army Criminal Investigation Division.  The FBI Dallas-Amarillo and Tyler Resident Agencies, the FBI Little Rock-Texarkana Resident Agency, the Wood County Sheriff’s Office and the Texas Department of Public Safety also assisted with this case.

Assistant U.S. Attorney Michelle Winters prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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EL PASO – An El Paso man was arrested on Thursday on criminal charges related to his alleged involvement in defrauding two federally funded correctional institutions (“the institutions”).

According to court documents, Jack McCager Kidd, 70, is a director and partner of a company that provided natural gas to the institutions.  The allegations are that Kidd falsely invoiced the institutions for more natural gas than Kidd’s company had in fact delivered.  Kidd also refused to provide requested information to the institutions concerning the amount of natural gas delivered and the calculations he used to determine the monthly invoice amounts.

Kidd is charged with 72 counts of wire fraud. If convicted, Kidd faces a maximum penalty of 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Special Agent in Charge D. Nichole Fleming of the Department of Justice Office of the Inspector General Fraud Detection Office made the announcement.

The Department of Justice Office of the Inspector General Fraud Detection Office is investigating the case.

Assistant U.S. Attorneys Chris Skillern and Sarah Valenzuela are prosecuting the case.

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

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DEL RIO – An Eagle Pass man was arrested yesterday by the FBI in San Antonio on criminal charges related to his alleged role in a bribery scheme.

According to court documents, Fernando Leonel Chacon Jr., 41, allegedly devised a scheme to use his position with the Maverick County Sheriff’s Office to enrich himself by soliciting and accepting bribes of money and other things of value in exchange for removing pending tickets and arrest warrants against citizens.

Chacon is charged by a federal indictment with two counts of wire fraud. If convicted, Chacon faces a maximum penalty of 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

Assistant U.S. Attorney Stephen Kam is prosecuting the case. 

The FBI, Texas Rangers and the Eagle Pass Police Department are investigating this case.

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

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AUSTIN – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that Muniz Concrete and Contracting, Inc. (“Muniz Concrete”) and its owner, Jose Juan Muniz, have agreed to pay $188,879.59 to resolve allegations they violated the False Claims Act by falsely certifying their compliance with certain requirements of the Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program.

The DBE program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally assisted highway, transit, airport, and highway safety financial assistance transportation contracts. Only small businesses that are owned and controlled by socially and economically disadvantaged individuals may participate in the program.

The United States alleged that Jose Muniz was no longer “economically disadvantaged” beginning in 2017, when his personal net worth exceeded the threshold to qualify as a DBE. According to the United States, Jose Muniz made several false certifications concerning his personal net worth after 2017 so that Muniz Concrete could obtain federally assisted DBE contracts awarded by the City of Austin and the Capital Metropolitan Transit Authority.

The civil settlement of these allegations includes the resolution of claims brought under the qui tam provisions of the False Claims Act by Mark Williamson. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Williamson v. Muniz Concrete & Contracting, Inc., et al., 1:20-cv-00530-LY (W.D. Tex.).

Assistant U.S. Attorney Thomas Parnham represented the United States in this matter, with the assistance of the Department of Transportation’s Office of Inspector General and the Commercial Litigation Branch of the Department of Justice’s Civil Division.

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

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SAN ANTONIO – A San Antonio woman was arrested Tuesday on criminal charges related to her alleged involvement in drug distribution.

According to court documents, on October 26, 2021, Bexar County Sheriff’s deputies conducted a traffic stop on a vehicle driven by Karen Lastiri, 31.  After consent to search the vehicle, deputies found approximately 63 kilograms of methamphetamine. 

Lastiri is charged by a criminal complaint with one count of possession with intent to distribute 500 grams or more of methamphetamine. If convicted, Lastiri faces a mandatory minimum penalty of 10 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration Special Agent in Charge Daniel Comeaux made the announcement.

DEA, along with assistance from the Bexar County Sheriff’s Office, is investigating the case.

Assistant U.S. Attorney Sarah Ella Spears is prosecuting the case.

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

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ALPINE – A Mexican national was sentenced yesterday to over eight years in prison for illegally entering the United States.

On July 19, 2021, Graciano Moral-Carrillo, aka Franciso Mora-Carillo, 52, of Mexico was found guilty by a federal jury of one count of illegal reentry into the United States.

On March 1, 2021, Moral was arrested by Presidio Border Patrol Agents for being an undocumented citizen present in the U.S.  Evidence presented at trial disclosed Moral was previously deported from the U.S. on seven other occasions.  Further, Moral had numerous other convictions, including three convictions for driving while intoxicated in the Odessa/Midland area; one conviction for resisting arrest; one conviction for assaulting a public servant; three convictions for illegal reentry; and one conviction of possession with intent to distribute marijuana.

In addition to the sentence of 105 months in prison, the defendant also received a sentence of 18 months in prison for violating conditions of supervised release on an underlying case.  The two sentences will run consecutively.

Moral has remained in federal custody since his arrest on March 1. 

“We will continue to be vigilant in protecting our West Texas communities from those who violate federal laws,” said U.S. Attorney Ashley C. Hoff. 

“The men and women of Homeland Security Investigations work tirelessly to identify, arrest and prosecute individuals who violate our nation’s immigration laws with a focus on those who represent a public safety threat to our communities,” said Homeland Security Investigations (HSI) Acting Special in Charge Taekuk Cho. “We will continue working with our law enforcement partners to pursue convicted criminals and other dangerous fugitives.”

HSI with the assistance from the Presidio Border Patrol investigated the case.

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

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EL PASO – A federal jury convicted two Sinaloa Cartel members on Friday for their roles in the Sinaloa Cartel’s narcotics distribution operations.

According to court documents and evidence presented at trial, Arturo Shows Urquidi, aka “Chous,” 50, of  Juarez, and Mario Iglesias-Villegas, aka “Dos,” “El 2,” “Delta,” “Parka,” “Grim Reaper,” 36, of Villa Ahumada, were found guilty of  one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO) for their roles as members of the Sinaloa Cartel; one count of conspiracy to possess cocaine and marijuana; one count of conspiracy to import cocaine and marijuana; one count of conspiracy to launder money; and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.

Iglesias was also found guilty of five counts of violent crimes in aid of racketeering activity; one count of conspiracy to kill in a foreign country; and one count of kidnapping.

Shows was a former Chihuahua State police officer and a long-time member of the Sinaloa Cartel under Ismael “Mayo” Zambada-Garcia.   Shows assisted in the security of stash houses where thousands of kilograms of cocaine were unloaded from tanker trucks and then reloaded with weapons and money being returned to Culiacan, Sinaloa, Mexico.  While he was involved with the Sinaloa Cartel, the Cartel successfully imported thousands of kilograms of cocaine into the United States worth over $1 billion dollars.

Iglesias became a member of the Sinaloa Cartel under Joaquin “Chapo” Guzman-Loera in early 2008. Iglesias was the head of a group of Sinaloa Cartel sicarios (assassins) until his arrest in 2012.  He was a significant participant in the death of thousands of people in Ciudad Juarez from 2008 to 2011. Among those, Iglesias was convicted for his participation in the kidnapping and eventual murder of Horizon City resident, Sergio Saucedo, and participation in the kidnapping and murders of Rafael Morales-Valencia, Jaime Morales-Valencia, and Guadalupe Morales-Arreola, who were kidnapped outside a church in Ciudad Juarez shortly after the wedding of Rafael Morales-Valencia.  Iglesias’ acts of violence allowed the Sinaloa Cartel to control the Juarez drug corridor and successfully import cocaine and marijuana into the United States.

The Sinaloa Cartel’s criminal activity in the Cuidad Juarez and El Paso area included the violence that occurred during the war between the Juarez Cartel and the Sinaloa Cartel, which led to the death of thousands of people in Ciudad Juarez and throughout the Mexican states of Chihuahua and Durango.  The violence gave rise to Ciudad Juarez being named the “deadliest city in the world.”

This investigation resulted in the seizure of hundreds of kilograms of cocaine, thousands of pounds of marijuana in cities throughout the United States.  Law Enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico.  Agents and officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.

Sentencing for Shows is set for February 10, 2022 and sentencing for Iglesias is set for February 11, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Drug Enforcement Administration (DEA) Acting Special Agent in Charge Greg Millard; FBI Special Agent in Charge Jeffrey R. Downey; and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division, made the announcement.

The DEA, FBI, and ATF together with the Immigration and Customs Enforcement –Homeland Security Investigations (ICE-HSI), United States Border Patrol, Customs and Border Protection (CBP), United States Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case.

Assistant U.S. Attorneys Antonio Franco, Kristal Wade, Kyle Myers, and Michael Williams are prosecuting the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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Two Texas physicians, Robert Wills and Brannon Frank, have agreed to pay $3.9 million to resolve allegations that they violated the False Claims Act by knowingly billing Medicare, Medicaid and TRICARE for medically unnecessary urine drug testing. 

The settlements with Wills and Frank resolve allegations that the physicians, formerly co-owners of now-defunct Austin Pain Associates located in Austin, Texas, knowingly caused the submission of false claims to federal healthcare programs by ordering excessive and unnecessary urine drug testing for patients without any individualized assessment of clinical need. Starting in 2011, all urine drug tests ordered by Austin Pain Associates’ physicians, including Wills and Frank, were performed at Austin Pain Associates’ in-house laboratory. The United States alleged that Wills and Frank drafted the testing protocols that resulted in unnecessary tests, were aware that the in-house laboratory was conducting an excessive number of tests on urine samples, and that Austin Pain Associates could not remain profitable without the income generated from unnecessary testing. Pursuant to their respective settlement agreements, Wills has agreed to pay $2,100,000 to settle these allegations and Frank has agreed to pay $1,800,000.

“The provision of medical services should be based on a patient’s medical needs, not on a physician’s desire to increase profits,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice is committed to taking appropriate action to safeguard the integrity of federal healthcare programs and the welfare of their beneficiaries.” 

“Physicians who bill taxpayer-funded health programs for expensive and medically unnecessary drug tests increase the cost of healthcare for all of us,” said U.S. Attorney Ashely C. Hoff for the Western District of Texas. “We will continue to vigorously investigate and prosecute allegations of false claims submitted to Medicare, Medicaid, TRICARE and any other government health program.”

“Physicians who perform medically unnecessary and excessive tests exploit patients and taxpayer-funded healthcare programs,” said Special Agent in Charge Miranda Bennett for the Department of Health and Human Services Office of Inspector General (HHS OIG).  “With our law enforcement partners, we will continue to hold accountable individuals who engage in false claims practices.”

"Today's outcome demonstrates the commitment of the Department of Defense Office of the Inspector General, Defense Criminal Investigative Service (DCIS), in coordination with our law enforcement partners to diligently investigate allegations of fraud committed against TRICARE," said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. "We will continue to hold accountable individuals who obtain taxpayer funds through false and fraudulent means."

Medicaid is funded jointly by the states and the federal government. The State of Texas paid for a portion of the Medicaid claims at issue and will receive a total of approximately $260,000 from the settlements with Wills and Frank.        

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jennifer Nuessner and Robert Hoffman, former employees of Austin Pain Associates. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of the resolutions with Frank and Wills, the two whistleblowers will receive a total of approximately $618,000 from the federal share of the settlements. The qui tam case is captioned United States ex rel. Nuessner, et al. v. Austin Pain Associates, LLC, et al., 5:16-CV-1125-FB (W.D. Tex.). 

The resolutions obtained in this matter were the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Texas, HHS OIG and the Defense Criminal Investigative Service. 

The matter was handled by Trial Attorney Jonathan Thrope of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Thomas Parnham for the Western District of Texas.

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

AUSTIN – Today a federal jury convicted a Cedar Park man after he tried to make a Molotov cocktail during an evening protest in Austin on May 30, 2020.

According to court documents and evidence presented at trial, Cyril Lartigue, 27, was caught on videotape manufacturing a destructive device while in a parking lot directly adjacent to the Austin Municipal Court entrance.  While making the device, Lartigue was interrupted by the oncoming presence of Austin Police Department (APD) officers heading in his direction.  Lartigue fled the area, leaving the device behind, but returned within minutes to retrieve it.  APD officers then arrested him inside a nearby portable toilet where he had changed clothes.  Inside his backpack, officers recovered materials used to manufacture an explosive device including beer bottles, a bottle containing lighter fluid, cloth rags, a butane lighter and the clothes he was previously wearing.

Lartigue is scheduled to be sentenced on February 4, 2022.  He faces a maximum penalty of 10 years in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Fred J. Milanowski, Houston Division, made the announcement.

The ATF, Austin Police Department, Austin Fire Department, and the Texas Department of Public Safety investigated this matter.  Assistant U.S. Attorneys Keith Henneke and Gabe Cohen are prosecuting this case on behalf of the government.

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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DEL RIO – An Eagle Pass man was sentenced to 360 months in prison today for transporting undocumented noncitizens that resulted in five deaths. 

According to court documents, Jorge Luis Monsivais Jr., 23, was the driver of a Suburban  traveling on FM 2644, carrying 13 undocumented noncitizens when Border Patrol attempted to stop the vehicle.  Monsivais tried to evade law enforcement and eventually crashed the vehicle on Highway 85 outside of Big Wells, ejecting some of the occupants from the vehicle.  Four people died at the scene and another person passed away en route to the hospital.  Other occupants sustained broken necks, hips, and severe head trauma. 

“The deadly outcome in this case is heartbreaking,” said U.S. Attorney Ashley C. Hoff.  “Three hundred and sixty months in prison sends a clear message that those who make their living by unlawfully transporting undocumented noncitizens in the U.S. will be held accountable. Smuggling people is exceedingly dangerous for all involved and for our communities in which these operations are taking place. Our office will continue to work with our law enforcement partners to identify and aggressively prosecute human smugglers.”

“The tragic loss of life in this case is an example of the very real risks people face when they put their lives in the hands of smugglers,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio. “Those responsible for illegally moving people through our country place personal profit ahead of public safety.  Driven by greed, these criminals have little regard for the health and well-being of their human cargo, which can be a deadly combination.”

On May 11, 2021, Monsivais pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; one count of conspiracy to harbor illegal aliens; one count of illegal alien transportation resulting in death; and one count of illegal alien transportation resulting in serious bodily injury.

HSI investigated the case.

Assistant U.S. Attorney Amy Hail prosecuted the case.

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AUSTIN – An Austin man pleaded guilty today to participating in the robbery of a gas station convenience store, which resulted in the shooting of an employee of the business.

According to court documents, on October 7, 2020, at approximately 11 p.m., Deon Ross, 36, along with co-defendant Lavante Carter, 19, of Austin, attempted to rob a Shell gas station on Interstate Highway 35 in Austin.  Both Carter and Ross carried firearms and displayed them to two store employees who were working that night.  After demanding money Ross shot one of the employees.

Ross pleaded guilty to one count of interference with commerce by threats or violence and one count of discharge of a firearm during and in relation to a crime of violence. He is scheduled to be sentenced on December 21, 2021 and faces up to 20 years in prison on the robbery charge and 10 years to life for the firearm charge.  

On October 19, 2021, Carter pleaded guilty to one count of interference with commerce by threats or violence and one count of brandishing a firearm during and in relation to a crime of violence.  Carter is scheduled to be sentenced on December 21, 2021. He faces up to 20 years in prison on the robbery charge and 7 years to life for 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; FBI Special Agent in Charge Christopher Combs; and Austin Police Chief Joseph Chacon made the announcement.

The FBI and the Austin Police Department are investigating the case.  Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke 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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DEL RIO – A Fort Worth woman was sentenced today to 262 months in prison for her part in a conspiracy to import methamphetamine.

According to court documents, Maria Tello, 39, and Juan Tello, 39, both from Fort Worth, conspired together to import over 34 kilograms of methamphetamine from Mexico. On December 2, 2017, a vehicle stopped at the Del Rio Port of Entry had two compartments loaded with 34.32 kilograms of methamphetamine.  The vehicle was driven to Dallas where it was met by Maria and Juan Tello.  Maria Tello admitted she knew the vehicle was loaded with methamphetamine and that  the drug was to be transported within the Dallas-Fort Worth area for further distribution.

“Methamphetamine is a highly addictive poison that destroys lives and destabilizes our communities,” said U.S. Attorney Ashley C. Hoff.  “We will hold accountable those seeking to distribute it.”

“Today’s sentence sends a clear message to criminal organizations that there are serious consequences for trafficking-controlled substances,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI) San Antonio. “HSI will continue to pursue cross-border conspiracy investigations to target dangerous individuals who threaten the security of the United States.”

On April 26, 2018, Juan Tello pleaded guilty to one count of conspiracy to import methamphetamine.  He was sentenced to 210 months in prison on September 18, 2019.

The HSI investigated the case.

Assistant U.S. Attorneys Sydni Connell and Amy Hail prosecuted the case.

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SAN ANTONIO – A federal grand jury in San Antonio returned an indictment yesterday charging three executives of iCore Global LLC (“iCore”) with fraud.

According to court documents, Samantha L. Mueting, 56, of San Antonio, Josephus De Laat, aka Jos De Laat, 60, of Spicewood and Vodrick L. Perry, 52, of San Antonio are charged with scheming to defraud investors.

As noted in the indictment, Mueting owned and operated iCore and touted the company as being a multi-national commercial real estate provider; De Laat served as iCore’s chief financial officer; and Perry was iCore’s operations manager.  

Together the three are alleged to have conspired to perpetrate a series of frauds upon couples nearing retirement in which the defendants promised to allocate victim funds into a commercial real estate hedge fund, using them instead for their own personal gain.  According to the indictment, they made fraudulent misrepresentations that iCore was a multi-national commercial real estate provider that employed 5,500 local employees and contracted agents across more than 300 worldwide offices, operating in 371 cities, 64 countries and six continents.  The worldwide offices consisted of two registered addresses in the U.S., both of which were mailboxes at a shipping company store. In sum, the defendants are accused of defrauding investors of more than $2.1 million.

Mueting, De Laat and Perry are charged with one count of conspiracy to commit wire fraud.  Mueting and Perry also are charged with one count of conspiracy to commit mail fraud.  In addition, Mueting is charged with seven counts of wire fraud.  The defendants will be scheduled for their initial court appearance later this week before U.S. Magistrate Judge Richard Farrer of the U.S. District Court for the Western District of Texas. If convicted, the defendants face a maximum penalty of 20 years in prison on each charged count. 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 U.S. Secret Service (USSS) Special Agent in Charge Paul Duran made the announcement.

The USSS is investigating the case.  Assistant U.S. Attorney Matthew W. Kinskey is prosecuting the case.

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

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