FEDERAL DISTRICT ARCHIVE
Western District of Texas
Press releases recorded for this federal judicial district.
Houston Marijuana Ringleader Sentenced to 18 Years in Federal PrisonRead the Press Release
In Del Rio yesterday, a federal judge sentenced Houston resident Michael Dewayne Dennis, aka Michael Spiller, to 18 years in federal prison for leading a conspiracy that distributed over 11,000 kilograms of marijuana throughout the country, announced U.S. Attorney Ashley C. Hoff; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and Drug Enforcement Administration Special Agent in Charge Daniel C. Comeaux, Houston Division.
In addition to the prison term, U.S. District Judge Alia Moses ordered Dennis, 38, to pay a $2,500 fine and be placed on supervised release for a period of five years after completing his prison term. Judge Moses also granted the government’s motion to forfeit the defendant’s interest in the following property: $197,313 in seized currency, two real properties in Houston, and 19 firearms. Judge Moses further ordered a $7.2 million money judgment against the defendant for proceeds derived from his criminal conduct.
On September 12, 2019, a federal jury convicted Dennis of one count of conspiracy to possess with intent to distribute marijuana. According to evidence presented during trial, Dennis led a marijuana trafficking conspiracy from at least July 2014 to June 2018. During this time Dennis and his co-conspirators brought marijuana into the U.S. from Mexico and transported the marijuana to Dennis’ compound in Houston where it was packaged for sale and distribution. One of the smuggling methods involved illegal aliens carrying loads of marijuana on their backs to pick-up locations near Del Rio. After the marijuana was dropped off, drivers transported the marijuana to Houston. Over the course of the conspiracy, Dennis facilitated the distribution of at least 11,194 kilograms of marijuana.
“This sentence identifies how HSI works to investigate the infrastructure of a criminal enterprise,” said HSI Deputy Special Agent in Charge, Craig Larrabee. “When organizations accumulate assets from illicit activities, HSI and law enforcement partners will work to dismantle the organization and target those assets. This lasting effect helps to better protect our communities.”
On July 11, 2018, HSI and DEA agents, with assistance from the Houston Police Department, arrested Dennis following a stand-off with law enforcement. During the stand-off, Dennis brandished a firearm and was shot. He has since remained in federal custody.
“The prosecution and sentencing of Michael Dennis sends a clear message to all who engage in the distribution of illegal drugs,” stated DEA Special Agent in Charge Daniel C. Comeaux. “DEA and our partners will continue to work together to see that anyone involved in this illicit trade will be brought to justice.”
HSI, DEA and U.S. Border Patrol conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Bale Out Boys. Assistant U.S. Attorneys Amy Hail, John Kennedy and Antonio Franco prosecuted this case on behalf of the government.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations of those primarily responsible for the nation’s illegal drug supply.
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Firearms Straw Purchaser Sentenced to Federal PrisonRead the Press Release
A federal judge in San Antonio yesterday sentenced 40-year-old Clarence McFarland to 37 months in federal prison followed by three years of supervised release for fraudulent purchases of .50 caliber rifles, announced U.S. Attorney Ashley C. Hoff, Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division and Special Agent in Charge Fred Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Houston Division.
On October 1, 2020, the San Antonio resident pleaded guilty to one count of conspiracy to make a false statement during the purchase of a firearm. According to court records, McFarland purchased and recruited others to purchase .50 caliber semi-automatic rifles from local firearms dealers in 2017 and 2018. McFarland provided the funds to purchase the rifles and paid others to fill out the Form 4473s purporting to be the actual buyers of those firearms. McFarland admitted to federal agents that he helped acquire eight .50 caliber rifles for another person. In 2018 three rifles were recovered in Mexico that were traced back to McFarland and his straw purchasers.
“This sentence is yet another example of the commitment we have made with our partners to relentlessly pursue those who violate federal firearms laws in order to traffic dangerous weapons within our communities and across the border,” said U.S. Attorney Hoff.
“By putting weapons smugglers behind bars, it allows law enforcement to cut the supply of firearms before they fall into the hands of the drug cartels who pose a threat both here and abroad,” said HSI Deputy Special Agent in Charge Larrabee. “HSI will continue working with our federal law enforcement partners both domestic and international in this effort.”
“Stemming the flow of Illegally obtained guns that are then trafficked across the border and used in violent criminal activity remains at the core of the ATF mission,” said ATF Special Agent in Charge Milanowski.
HSI and ATF investigated this case.
This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.
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Federal Criminal Complaint Filed in Connection with Deaths of Illegal AliensRead the Press Release
In Del Rio today, federal authorities filed a criminal complaint charging 24-year-old Austin resident Sebastian Tovar with transporting illegal aliens resulting in death, announced U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The federal criminal complaint alleges that on March 15, 2021, Tovar was traveling in a maroon pickup truck on FM 2523 near Del Rio when a Texas Department of Public Safety trooper attempted to stop him for speeding. Tovar failed to stop and a pursuit ensued. Tovar led the trooper on a chase for approximately 50 miles, at times reaching speeds over 100 miles per hour. Traveling north into the southbound lane on Highway 277, Tovar collided with another vehicle head-on, resulting in the death of eight illegal aliens that had been in Tovar’s pickup truck. The driver and passenger of the vehicle into which Tovar collided are hospitalized and in stable condition.
Furthermore, the complaint alleges that following the crash, Border Patrol agents on the scene encountered a beige pickup truck stopped in traffic on Highway 277 near the crash site. While agents were directing traffic, multiple occupants jumped out of the beige pickup and fled the scene. Agents subsequently apprehended twelve illegal aliens who fled that truck. Two of the illegal aliens, both Mexican citizens, confirmed they were part of a failed human smuggling attempt in which the group illegally crossed into the U.S. and were divided between the maroon and beige pickup trucks for transport purposes.
Tovar, who remains in federal custody, faces up to life in federal prison upon conviction.
HSI and the Texas Department of Public Safety, with the assistance of the U.S. Border Patrol, are conducting this ongoing investigation. Assistant U.S. Attorney Joshua Banister is prosecuting this case.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
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El Paso Tax Preparer Indicted for Underreporting IncomeRead the Press Release
El Paso businessman, 59-year-old Victor Manuel Gonzalez, sole proprietor of the now-closed Tax Preparation Service, allegedly underreported his income on personal tax returns causing a tax loss of over $100,000, announced U.S. Attorney Ashley C. Hoff and Special Agent in Charge Richard D. Goss, Internal Revenue Service Criminal Investigation (IRSCI), Houston Field Office.
A federal grand jury indictment unsealed last week charges Gonzalez with three counts of filing a false federal income tax return. The indictment alleges that Gonzalez filed fraudulent returns for three years. Gonzalez claimed his income was $17,462, $18,450 and $25,328 for tax years 2014, 2015 and 2016, respectively. Court testimony today revealed that Gonzalez actually earned over $350,000 during that period. In addition to underreporting his yearly income, Gonzalez applied for and improperly received funds through the Earned Income Tax Credit (EITC). EITC is a refundable tax credit for low to moderate income workers.
Federal authorities arrested Gonzalez on March 3, 2021. During Gonzalez’s detention hearing this morning, U.S. Magistrate Judge Anne T. Berton set bond at $25,000.
“Filing a tax return is one of the biggest financial transactions an average American taxpayer makes each year and the tax return preparer industry is at the dawn of a new era of accountability,” said IRS Criminal Investigation Special Agent in Charge Goss. “The indictment of Victor Manuel Gonzalez demonstrates the IRS is taking extra steps this tax season, and planning more actions in future years, to help make sure people can count on their tax return preparer.”
The IRSCI investigated and Assistant U.S. Attorney Michael Osterberg is prosecuting this case.
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El Paso Man Sentenced to Federal Prison for Trafficking Meth and Assaulting Co-DefendantRead the Press Release
A federal judge in El Paso sentenced 53-year-old Gerardo Paz to 190 months of imprisonment followed by five years of supervised release for methamphetamine trafficking and assaulting his co-defendant while in custody, announced U.S. Attorney Ashley C. Hoff; FBI Special Agent in Charge Luis Quesada, El Paso Division; and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Field Office.
“Methamphetamine destroys lives and ruins families. Those that peddle this dangerous, illegal drug in our communities should know that profiteering from death and destruction will not be tolerated. Today’s 190-month sentence should serve as a warning to those that choose to bring this poison into the El Paso community,” said U.S. Attorney Hoff.
On January 2, 2020, Paz pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of methamphetamine. According to court records, on June 20, 2019, federal agents witnessed Paz transport and deliver approximately eight kilograms of methamphetamine to the El Paso residence of his co-defendant, Francisco Contreras. On January 4, 2020, Paz confronted and physically assaulted Contreras in the detention holding facility’s visitation area.
On January 15, 2020, U.S. District Judge Kathleen Cardone sentenced Contreras to 30 months in federal prison followed by five years of supervised release. Contreras earlier pleaded guilty to one count of conspiracy to possess with intent to distribute more than five kilograms of methamphetamine.
“With this conviction, FBI and our law enforcement partners are working together to have a positive impact at the local level,” said FBI Special Agent in Charge Quesada. “We are sending a strong and unified message that drug trafficking will not be tolerated, and, in turn, we are keeping our communities safer and free from methamphetamine which continues to cause horrific damage in too many of our communities.”
“The sentencing of Gerardo Paz exemplifies DEA’s relentless commitment to keep dangerous drugs and those who traffic them off of our streets,” said DEA Special Agent in Charge Williamson. “DEA, along with our federal and local law enforcement partners, will continue to focus on these drug trafficking organizations that try and spread this kind of poison in our communities.”
These sentences resulted from an investigation by the FBI/DEA Strike Force. The Strike Force is a multi-agency task force established to disrupt and dismantle major drug trafficking organizations. The El Paso Police Department, U.S. Customs and Border Protection and the U.S. Border Patrol assisted with this investigation. Assistant U.S. Attorney Kyle Myers prosecuted this case.
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El Paso Man Sentenced to Federal Prison for Cocaine TraffickingRead the Press Release
A federal judge in El Paso sentenced 34-year-old Daniel Leal yesterday to 87 months of imprisonment for cocaine trafficking, announced U.S. Attorney Ashley C. Hoff; FBI Special Agent in Charge Luis Quesada, El Paso Division; and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Field Office.
In addition to the prison term, U.S. District Judge David C. Guaderrama ordered that Leal be placed on supervised release for a period of three years after completing his prison term.
On September 22, 2020, Leal pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine. According to court records, on April 10, 2020, El Paso Police officers conducted a traffic stop on a vehicle driven by David Lightbourn, 46, of El Paso. A canine unit alerted to an odor of narcotics. Officers subsequently discovered approximately eight kilograms of cocaine inside the vehicle. Further investigation revealed that the cocaine was being delivered at Leal’s direction.
By pleading guilty, Leal accepted responsibility for the cocaine discovered by authorities on April 10, 2020. Furthermore, Leal accepted responsibility for nine kilograms of cocaine delivered from El Paso to Kansas City, Missouri on March 4, 2020 as well as $219,000 derived from the delivery of the cocaine. El Paso police seized the currency from Lightbourn following a traffic stop on his return trip to El Paso. By pleading guilty, Leal also admitted to buying approximately 18,000 rounds of ammunition intended for illegal exportation into Mexico. That ammunition was seized by FBI in July 2019 as part of an on-going investigation.
Leal has remained in federal custody since his arrest on April 27, 2020.
On January 6, 2021, Lightbourn pleaded guilty to one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. He faces between 10 years to life in federal prison. Sentencing is scheduled for April 19, 2021, before U.S. District Judge Guaderrama.
These sentences resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Plumba conducted by the FBI, DEA, U.S. Customs and Border Protection and El Paso Police Department.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply. Assistant U.S. Attorney Richard Watts prosecuted this case.
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12-Time Convicted Felon Charged with Firearm Offenses Under Operation UndauntedRead the Press Release
A 12-time convicted felon, who waived arraignment Tuesday and pleaded not guilty, remains in federal custody charged with multiple firearms offenses, announced U.S. Attorney Ashley C. Hoff and Special Agent in Charge Fred J. Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Houston Field Division.
A federal grand jury indictment unsealed last week, charges 41-year-old Louis Duane Rhyne of Austin, with two counts of being a convicted felon in possession of a firearm and one count of possession of a stolen firearm. The indictment alleges that on March 19, 2020, Rhyne possessed a stolen .223 caliber Smith and Wesson model M&P-15 rifle. The indictment further alleges that on December 29, 2020, Rhyne was in possession of a .38 special caliber Smith & Wesson model 38 revolver.
On December 29, 2020, the U.S. Marshal Service Lone Star Fugitive Task Force apprehended Rhyne in Austin. At that time of his arrest, Rhyne was in possession of the loaded .38 caliber revolver. Public court records reveal that Rhyne has amassed a dozen felony convictions all in Texas ranging from assault and organized criminal activity to evading arrest and unlawful use of a motor vehicle.
Rhyne faces up to ten years in federal prison for each charge upon conviction. Jury selection and trial is scheduled for 9 a.m. on May 17, 2021, before U.S. District Judge Robert Pitman in Austin.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case along with the Austin and Manor Police Departments. Assistant U.S. Attorney Alan Buie is prosecuting this case.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.
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San Antonio Physician Agrees to Pay $350,000 to Resolve Allegations that He Pre-Signed Prescriptions and Issued Prescriptions without Appropriate ExaminationsRead the Press Release
Dr. Hugo A. Rojas, owner of Hugo A. Rojas, M.D., P.A., and Family Clinics of San Antonio, has agreed to pay $350,000.00 under a civil settlement to resolve allegations he violated certain provisions of the Controlled Substances Act (CSA) and the False Claims Act (FCA), announced U.S. Attorney Ashley C. Hoff and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux, Houston Division.
Dr. Rojas is a primary care physician registered with the DEA to prescribe controlled substances, as well as a Medicare provider operating a medical practice with two locations in San Antonio. The settlement reflects the ongoing commitment of DOJ and DEA to address the opioid crisis and to prevent, detect and investigate the diversion of controlled substances. It further reflects the joint DOJ and Health and Human Services (“HHS”) commitment to identify and investigate false billing practices by Medicare providers.
“Doctors must live up to their obligations under the CSA to ensure that controlled substances are not illegally diverted into our community,” said U.S. Attorney Hoff. “Protecting our community from the diversion of controlled substances is a priority of the DEA and our office.”
“This settlement illustrates pharmacies and medical providers are being held accountable for violating federal laws designed to ensure the safety and legal dispensation of pharmaceutical drugs,” said DEA Special Agent in Charge Comeaux. “This case clearly reflects DEA’s commitment to use all available tools to address this crisis at every level and ultimately reduce the availability of highly addictive opioids.”
After an investigation into Dr. Rojas’ prescribing practices, the U.S. contends Dr. Rojas violated the CSA by pre-signing 13 prescriptions for controlled substances which were provided to patients at times when Dr. Rojas was travelling outside of the state of Texas. Furthermore, the U.S. contends he violated the CSA by issuing six prescriptions for controlled substances without having examined the patients prior to providing the prescription. The U.S. also contends Dr. Rojas violated the CSA by issuing 18 prescriptions for controlled substances to patients seen by non-physician personnel. The pre-signing or issuance of prescriptions raises serious concerns about the potential diversion of controlled substances.
In addition, the U.S. alleges that Dr. Rojas submitted claims for reimbursement for services rendered to Medicare beneficiaries during times he was travelling outside of the state of Texas and that care was provided by mid-level practitioners employed by Dr. Rojas. A portion of the $350,000.00 settlement includes restitution to Medicare for these claims.
Dr. Rojas has made no admission of civil liability.
The DEA’s Diversion Group in the San Antonio District Office investigated this matter. Assistant U.S. Attorney Erin M. Van De Walle handled this case on behalf of the government.
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Former Alpine Resident Admits Lying to Agents about Creating Fake Racist MessageRead the Press Release
In Alpine today, 26-year-old Devon Portillo admitted to lying to FBI agents during an investigation into the source of a racist text message purportedly sent by Portillo’s election opponent, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Luis Quesada, El Paso Division.
Appearing before U.S. Magistrate Judge David B. Fannin, Portillo pleaded guilty to one count of making a false statement to a federal agent. By pleading guilty, Portillo admitted that in June 2020, he was running for election against another candidate when FBI agents interviewed him about a racist social media text falsely attributed to his opponent. Portillo denied creating the racist text message. He later contacted the FBI and advised that the text was authored by another individual whom he identified to investigators. However, in a subsequent interview with FBI agents, Portillo admitted that he had indeed authored the fake text message and that the individual he identified as the author of the text had nothing to do with its creation.
Portillo faces up to five years in federal prison. He remains on bond pending sentencing. Sentencing has yet to be scheduled.
The FBI investigated this case. Assistant U.S. Attorney Mallory J. Rasmussen is prosecuting this case.
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Four Houston Men Indicted in San Antonio for ATM Robbery SchemeRead the Press Release
In San Antonio today, a federal grand jury returned an indictment against four Houston men for allegedly stealing approximately $80,000 from a bank ATM technician in San Antonio last month, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs.
The indictment charges 21-year-old Terrance Raynard McDuffy, 24-year-old DeWitt Eugene Ross Jr., 22-year-old Tavan Marque Foots and 25-year-old Jonathan DeWayne Fore with one count of bank robbery. According to court records, on February 11, 2021, McDuffy and Ross approached a serviceman working on an ATM at a Chase Bank branch in San Antonio and stole multiple ATM cassettes which contained a total of $80,340, while Foots and Fore acted as lookouts for the operation.
FBI agents arrested all four defendants following the robbery. McDuffy and Ross remain in federal custody. Foots and Fore are out on bond. No further court dates have been scheduled.
The defendants face up to 20 years in federal prison upon conviction.
The FBI’s Safe Streets Task Force and San Antonio Central Texas Violent Crime Task Force are investigating this case together with the FBI in Houston, Houston Police Department, Texas Department of Public Safety Criminal Investigations Division and San Antonio Police Department. Assistant U.S. Attorney William F. Calve is prosecuting this case.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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Cibolo Businessman Admits to Defrauding High School StudentsRead the Press Release
In San Antonio today, 46-year-old George Alberto Barragan of Cibolo admitted that he stole money from high school students who paid him for group travel opportunities to celebrate their graduations, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before U.S. Magistrate Judge Elizabeth Chestney, Barragan pleaded guilty to one count of mail fraud. According to court records, Barragan owned and operated several travel agencies, including EB Worldwide, Exhibit Tours and Senior Grad Trips. He was the sole individual in charge of negotiating and contracting with customers as well as booking and arranging travel accommodations for large groups. Victim groups would pay Barragan by check or through an online payment portal to book the trips for them. Once in possession of victims’ funds, Barragan would make reservations and provide confirmations and itineraries to victims purporting to show that desired travel arrangements had been made.
Prior to travel, however, Barragan would cancel reservations and have the refunds deposited into his bank account. Barragan never notified his victims of the cancellations. In fact, he kept communicating with them after he cancelled their trips, informing them that their travel was still taking place. In at least two instances, large groups of students arrived at the designated time and location to begin their trip, only to find out that their trip had been cancelled.
By pleading guilty, Barragan admitted to perpetrating his scheme on no less than six different high school student groups between May 2015 and June 2018, resulting in an approximate total loss of at least $150,000.
Barragan, who remains on bond, faces up to 20 years in federal prison for mail fraud. Sentencing is scheduled for May 19, 2021, before U.S. District Judge Xavier Rodriguez in San Antonio.
The FBI investigated this case. Assistant U.S. Attorney Justin Chung is prosecuting this case on behalf of the government.
Argument with Neighbor Results in Federal Prison Sentence for Convicted FelonRead the Press Release
A federal judge in Austin sentenced 29-year-old four-time convicted felon Patrell Sanders to 42 months imprisonment for illegally possessing a loaded Kel-Tec 9 mm pistol, announced U.S. Attorney Ashley C. Hoff and Austin Police Chief Brian Manley.
According to court records, Austin Police officers arrested Sanders on August 22, 2020, following an argument between Sanders and his neighbor. During the incident, Sanders pointed the gun at his neighbor. The two began to struggle, and the firearm discharged. Sanders’ criminal history reveals four prior felony convictions ranging from burglary to possession of a controlled substance.
On December 10, 2020, Sanders pleaded guilty to one count of being a convicted felon in possession of a firearm.
In addition to the 42-month prison term handed down today, U.S. District Judge Lee Yeakel ordered that Sanders be placed under supervised release for a period of three years after completing his prison term.
The Austin Police Department investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Keith Henneke prosecuted this case.
This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.
Former Pilot Charged Again for Internet StalkingRead the Press Release
In San Antonio today, a federal grand jury returned an indictment against 66-year-old Mark Joseph Uhlenbrock of Chesterfield, Missouri, for internet stalking yet again, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs.
On September 28, 2016, Uhlenbrock was sentenced to 41 months in federal prison followed by three years of supervised release after pleading guilty to an internet stalking charge. Uhlenbrock admitted that from January 2006 to August 2015, he caused substantial emotional distress by posting nude photographs of his victim on the internet without the victim’s consent and despite three Bexar County civil district court lawsuits.
After completing his prison term, court records reflect that in April 2019 a federal judge sentenced Uhlenbrock to six months imprisonment for violating the terms of his supervised release.
Today’s indictment charges Uhlenbrock with one count of internet stalking the same victim again. The indictment alleges that from May 2020 to September 2020, Uhlenbrock used the internet to cause substantial emotional distress to a person. The conduct in this indictment occurred while Uhlenbrock was still on supervised release for his first conviction of internet stalking.
Uhlenbrock has remained in federal custody since his arrest in Missouri on December 10, 2020, for allegedly violating conditions of his supervised release.
The FBI in San Antonio investigated this case with assistance from the FBI in St. Louis. Assistant U.S. Attorney Sarah Wannarka is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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Attempted Armed Robbery Suspects Indicted on Federal Firearms ChargesRead the Press Release
In Austin today, a federal grand jury returned an indictment charging two Austin residents for their alleged roles in an attempted armed robbery of a convenience store last year, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The federal grand jury indictment charges 36-year-old Deon Ross and 18-year-old Lavante Carter with one count of interference with commerce by threat or violence. The indictment also charges Ross with one count of discharging a firearm during a crime of violence and Carter with one count of brandishing a firearm during a crime of violence. The indictment alleges that on October 7, 2020, the defendants attempted to rob a convenience store located on North Interstate 35 in Austin. The indictment further alleges that during the incident, Ross shot a convenience store employee while Carter brandished a firearm at a second convenience store employee.
Carter and Ross were arrested on October 12, 2020, and December 6, 2020, respectively. Both have since remained in custody. Upon conviction, Ross and Carter face up to 20 years in federal prison for interference with commerce by threat or violence. Ross faces between 10 years and life in federal prison upon conviction of discharging a firearm during a crime of violence. Carter faces between seven years and life in federal prison upon conviction of brandishing a firearm during a crime of violence.
This case is part of Operation Undaunted, representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities.
The FBI and the Austin Police Department investigated this case with assistance from the Killeen Police Department. Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke are prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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San Antonio Heroin and Cocaine Supplier Sentenced to Federal PrisonRead the Press Release
In San Antonio today, a federal judge sentenced 35-year-old Joe Anthony Ramirez to 15 years of imprisonment for supplying heroin for distribution throughout San Antonio, announced U.S. Attorney Ashley C. Hoff and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.
In addition to the prison term, U.S. District Judge Fred Biery ordered Ramirez to be placed on supervised release for a period of 10 years after completing his prison term.
On August 13, 2019, Ramirez pleaded guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin. By pleading guilty, Ramirez admitted that he supplied heroin to two separate drug trafficking organizations (DTOs) – his own (Ramirez DTO) and the Sanchez DTO led by Andrew Sanchez, aka “Freight” and “Hakeem.”
From May 2018 to March 2019, the Sanchez DTO was responsible for the distribution of heroin on the east side of San Antonio. The Sanchez DTO operated daily from about 8:00 a.m. until 2:00 a.m. as a full-scale delivery service for heroin to the street-level user. The organization members worked shifts in the various roles. Ramirez’s own DTO, which included his dad and brother, distributed heroin and cocaine throughout the entire San Antonio area.
In November 2019, Judge Biery sentenced Sanchez to 15 years in federal prison followed by five years of supervised release. To date, 12 individuals associated with the organizations Ramirez supplied have been convicted and sentenced to prison terms ranging from 41 months to 180 months.
The DEA and the Texas Department of Public Safety investigated this case with assistance from the U.S. Marshals Service, Bexar County Sheriff’s Office, Seguin Police Department, Terrell Hills Police Department and the Bexar County District Attorney’s Office. Assistant U.S. Attorneys Eric Fuchs and Fidel Esparza III prosecuted this case on behalf of the government.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
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Killeen Man Indicted for Discharging a Firearm on Fort HoodRead the Press Release
In Waco today, a federal grand jury returned an indictment against 28-year-old former U.S. Army soldier Ricardo Manuele Davila-DeJesus for discharging a firearm while on Fort Hood over the weekend, stated U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment charges Davila-DeJesus with aggravated assault with a dangerous weapon. According to court documents, on February 6, 2021, the defendant became intoxicated and got into an argument with several individuals inside the barracks. The argument continued outside when the defendant pulled out a .45 caliber pistol and discharged his firearm in the direction of a soldier who, fearing for his life, had retreated back into the barracks. Other individuals who were at the scene managed to subdue and disarm the defendant.
Upon conviction, Davila-DeJesus faces up to 10 years in federal prison. He remains in federal custody pending a detention hearing scheduled for 1:30 p.m. on February 11, 2021, before U.S. Magistrate Judge Jeffrey C. Manske in Waco.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
This case is part of Operation Undaunted representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities. The FBI together with Ft. Hood Military Police Investigations investigated this case. Special Assistant U.S. Attorney Major Aaron J. Salter is prosecuting this case.
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Convicted Felon Sentenced to 33 Months in Federal PrisonRead the Press Release
In Midland today, a federal judge sentenced 33-year-old Odessa resident Christopher Caswell to 33 months in federal prison for being a convicted felon who pointed a rifle at and threatened a driver, announced U.S. Attorney Ashley C. Hoff.
In addition to the prison term, U.S. District Judge David Counts ordered that Caswell be placed on supervised release for a period of three years after completing his prison term.
According to court documents, on August 29, 2020, Odessa Police officers responded to the 2700 block of Eisenhower Road in reference to a subject with a gun. The victim reported to police that while stopped at an intersection, he saw the defendant and another individual arguing in front of a residence. The defendant then approached the victim’s vehicle while pointing a rifle at the victim and telling him to mind his own business. The victim drove off and contacted police. Subsequently, officers confronted Caswell while he was walking southbound on Eisenhower Road holding a black rifle. Caswell dropped the Hi-Point 9 mm rifle and evaded officers on foot.
On September 17, 2020, members of the U.S. Marshals Service Lone Star Fugitive Task Force located Caswell and arrested him in Dallas. He has since remained in federal custody.
On November 4, 2020, Caswell pleaded guilty to the felon-in-possession charge. His criminal history reveals two prior state felony convictions in Odessa for evading arrest/detention.
The Odessa Police Department investigated this case. Assistant U.S. Attorney Monica Daniels prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Iron Youth Member Charged with Unlawfully Possessing a Machine GunRead the Press Release
In San Antonio today, federal authorities filed a criminal complaint against an Iron Youth member for illegally possessing a machine gun, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Caleb Nathaniel Oliver, age 19 of Smiley, is charged with one count of unlawful possession of a machine gun. Upon conviction, Oliver faces up to 10 years in federal prison.
The criminal complaint alleges that on February 5, 2021, Oliver purchased a fully automatic machine gun from an undercover officer for $1,000. According to the complaint, Oliver is a member of the group called Iron Youth, a racially motivated violent extremist group that advocates violence in the furtherance of its objectives. Beginning in September 2020, Oliver had several meetings with the undercover officer to discuss the purchase of the machine gun.
Oliver, who was arrested on Friday evening after exchanging money and taking possession of the machine gun, remains in federal custody pending a detention hearing expected later this week before U.S. Magistrate Judge Elizabeth S. Chestney in San Antonio.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
The FBI is conducting this investigation with assistance from the Wilson County Sheriff’s Office, Gonzales County Sheriff’s Office and Texas Rangers. Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case.
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Ashley Chapman Hoff is Sworn in as U.S. Attorney for the Western District of TexasRead the Press Release
Ashley Chapman Hoff is officially the United States Attorney for the Western District of Texas. On January 26, 2021, the U.S. District Court for the Western District of Texas appointed Hoff as U.S. Attorney effective yesterday. Pursuant to the appointment order, Hoff will serve as U.S. Attorney until a successor is appointed and sworn into office. U.S. District Judge Robert Pitman administered the oath of office to Hoff at the federal courthouse in Austin.
“It is truly the honor of a lifetime to serve as the United States Attorney for the Western District of Texas, and I am grateful to the Court for the appointment. I acknowledge and embrace the immense responsibility of this position,” said U.S. Attorney Hoff. “I am privileged to work alongside the incredibly talented and dedicated women and men of this office, who give their all every day to protect the public, defend the Constitution, and represent the United States of America.”
As U.S. Attorney, Hoff is the chief federal law enforcement officer in the Western District of Texas. She is responsible for prosecuting violations of federal law and representing the federal government in civil litigation where the United States is a party. The Western District of Texas includes 68 counties spanning about 93,000 square miles. The U.S. Attorney’s Office for the Western District of Texas employs more than 300 people and has staffed offices in Austin, Alpine, Del Rio, El Paso, Midland, Waco, and San Antonio.
Hoff has spent 26 years as a public servant and prosecutor, handling criminal cases in both state and federal court. She has been with the U.S. Attorney’s Office for the Western District of Texas for more than 17 years. Since 2018, she has served as the First Assistant U.S. Attorney. In that role, she was responsible for the supervision of over 150 Assistant U.S. Attorneys and all aspects of the district’s criminal and civil practice. Prior to being First Assistant U.S. Attorney, Hoff was the Chief of the Austin Division from 2012 to 2018. Before becoming part of the District’s leadership, Hoff served as an Assistant U.S. Attorney in the Austin Division for more than eight years, where she prosecuted a wide variety of federal offenses, including violent crime, drug trafficking, firearms violations, identity theft, health care fraud, and complex white collar crimes, among others.
Before arriving in the Western District of Texas, Hoff was an Assistant U.S. Attorney in the Southern District of Texas, where she was responsible for handling national security investigations as part of a counterterrorism unit created after the events of September 11, 2001. She began her federal prosecution experience in 2000 in the Houston Division of the Southern District of Texas as a Special Assistant U.S. Attorney for the Texas EXILE violent crime reduction initiative in which she prosecuted federal firearm offenses as one of eight specially-designated prosecutors in the State of Texas. Texas EXILE was one of the models for the federal Project Safe Neighborhoods program, which remains an important federal violent crime reduction initiative nationwide.
Hoff began her legal career as an Assistant District Attorney in the Harris County District Attorney’s Office in Houston, where she served as a state trial prosecutor from 1995-2000, handling misdemeanor, juvenile, and felony matters.
Hoff, a native Texan who was born and raised in Sherman, graduated from Texas Christian University in 1991 with a bachelor’s degree, majoring in Secondary Education with an emphasis in Government and Spanish. She received her law degree from Baylor University in 1994.
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Over $1.1M in Civil Settlements Reaffirm DOJ’s Commitment to Preventing Opioid AbuseRead the Press Release
The United States Attorney’s Office has collected $792,000 in civil penalties as two more civil Controlled Substances Act (CSA) investigations have settled, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division. These civil settlements, coupled with the Town & Country Drug, Inc. settlement, total $1,112,000.00 in agreed civil penalties obtained in the district in the past two months stemming from investigations in Austin, San Antonio and Odessa. These settlements reflect DOJ’s ongoing commitment to addressing the opioid crisis by preventing, detecting and investigating the diversion of controlled pharmaceuticals from legitimate sources.
“We depend on pharmacies and medical providers following the CSA’s recordkeeping requirements so that the DEA can carry out its critical mission of preventing the diversion of controlled substances,” said U.S. Attorney Sofer. “This office recognizes the devastating impact the diversion and improper use of controlled substances has on communities throughout this district. These cases affirm our commitment to using all avenues of enforcement to protect the health and safety of our citizens.”
“These settlements should remind pharmacies and medical providers that they, too, must adhere to federal laws designed to ensure the safe and legal dispensation of pharmaceutical drugs,” said DEA Special Agent in Charge Whipple. “These cases demonstrate DEA’s commitment to using all available tools to combat our nation’s opioid overdose crisis and reduce the illegal diversion of pharmaceutical opioids.”
MedMark Treatment Centers of Texas Pays $412,500.00
MedMark Treatment Centers of Texas, Inc., dba MedMark Treatment Centers San Antonio Military (MedMark), has paid a $412,500.00 penalty under a civil settlement to resolve allegations that it violated certain provisions of the CSA. MedMark is registered as a Narcotic Treatment Program in Schedules II and III controlled substances. MedMark operates outpatient treatment centers for opioid addiction in Texas, including a location on Military Drive West in San Antonio.
After undertaking an investigation of the Military Drive West facility in 2019, the United States contended that it had claims against MedMark for civil penalties under the CSA, including that MedMark allowed non-medical staff to repeatedly dispense controlled substances to patients in violation of the CSA. Further, the DEA contended that MedMark was in violation of recordkeeping provisions, including failing to maintain complete and accurate records, failing to maintain a current power of attorney, and failing to keep its records in a readily retrievable manner. These requirements are intended to prevent the diversion of controlled substances for illegal purposes. MedMark has made no admission of civil liability.
The DEA’s Diversion Group in the San Antonio District Office led this investigation. Assistant U.S. Attorney John Deck handled this affirmative civil enforcement matter on behalf of the government.
Ascension Seton Pays $379,500.00
Ascension Seton, on behalf of Ascension Seton Medical Center-Austin (ASMC-Austin), has paid a $379,500.00 penalty under a civil settlement to resolve allegations that it violated certain provisions of the CSA. ASMC-Austin is a hospital with advanced specialty care services.
Following a 2018 theft of controlled substances from the ASMC-Austin facility located on West 98th Street in Austin, DEA conducted an inspection and found inventory shortages, discrepancies in the facility’s pharmacy records and deficiencies in recordkeeping practices. The United States contended it had claims against ASMC-Austin for civil penalties under the CSA for record keeping violations, failure to maintain effective controls, and failure to timely report any theft or significant loss of controlled substances. ASMC-Austin has made no admission of civil liability.
The DEA’s Diversion Group in the San Antonio District Office conducted this investigation while Assistant U.S. Attorney Erin M. Van De Walle handled this affirmative civil enforcement matter on behalf of the government.
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Waco Convicted Felon Sentenced to Maximum 10 Years in Federal PrisonRead the Press Release
A federal judge in Waco yesterday sentenced 32-year-old Brayshon Negale Cummings to the statutory maximum of 10 years in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Gregg N. Sofer.
On May 4, 2020, members of the U.S. Marshals Service Lone Star Fugitive Task Force, Waco Police officers and McLennan County Sheriff’s deputies arrested Cummings in Waco on a Falls County arrest warrant for an aggravated assault stemming from a shooting incident the day before. At the time of his arrest, Cummings was in possession of a Century Arms AK-47 pistol.
In addition to the prison term, U.S. District Judge Alan Albright ordered Cummings to pay a $500 fine and to serve three years of supervised release following his prison term. Cummings pleaded guilty to the felon-in-possession charge on September 15, 2020. His criminal history reveals prior felony convictions for aggravated assault, unlawfully carrying a firearm, assault-bodily injury and evading arrest/detention.
This case is part of Operation Undaunted representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities. “Taking violent actors off the streets is a priority,” stated U.S. Attorney Sofer. “We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims.”
The U.S. Marshals Service Lone Star Fugitive Task Force, Waco Police Department and McLennan County Sheriff’s Office investigated this case. Assistant U.S. Attorney Mark Frazier prosecuted this case on behalf of the government.
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U.S. Attorney Sofer Announces Operation Undaunted in San AntonioRead the Press Release
Operation Undaunted, a program designed to apprehend dangerous criminals, interrupt violence, protect innocent life and restore peace to local neighborhoods, is underway in San Antonio, announced U.S. Attorney Gregg N. Sofer.
“We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims,” said U.S. Attorney Sofer. “Despite the challenges of the coronavirus and the unfair vilification of the entire law enforcement community, we remain undaunted in our commitment to protect the residents of central and west Texas.”
Operation Undaunted is a four-prong approach that draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to combat violence. The first component is to increase the use and exploitation of the National Integrated Ballistic Information Network (NIBIN) to focus on the most violent offenders in local communities—shooters. Aggressively comparing ballistics evidence gathered from crime scenes as well as from recovered firearms to uncover ties between offenders and violent crimes is of utmost importance. The second component is to focus on removing from our communities incorrigible, repeat offenders who fail to rehabilitate, continue committing violent acts, including domestic violence, and pose an ongoing danger to law-abiding citizens and victims. The third component calls for assertive federal prosecution of the most violent and serious robbery cases including those in which a firearm was used, that was committed by gang members, cartels or crews, or that involved thefts from gun stores and other federal firearms licensees spanning multiple jurisdictions. The fourth component is to engage in collaborative investigation and prosecution with military authorities to address violent crimes that occur on military bases while adhering to Posse Comitatus.
Operation Undaunted represents federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities. “Taking violent actors off the street is a priority,” said U.S. Attorney Sofer. Recently local and federal law enforcement joined forces to arrest and charge three repeat violent offenders:
- A federal grand jury on Wednesday returned an indictment charging 31-year-old San Antonio resident Asia Victor Tsatenawa with one count of possession with intent to distribute “crack” cocaine; one count of possession with intent to distribute cocaine; two counts of being a convicted felon in possession of a firearm; and one count of possessing a firearm in furtherance of a drug trafficking crime. Court records allege that on December 3, 2020, Tsatenawa possessed an AK-47 style pistol. When Tsatenawa was arrested on December 8, 2020, by the San Antonio Police Department he was also in possession of cocaine, crack cocaine and two 9 mm pistols. Upon conviction of the charges, Tsatenawa faces between five years and life in federal prison. Tsatenawa, a documented gang member, was previously convicted of aggravated assault with a deadly weapon and possession of cocaine in Bexar County and being a federal felon in possession of a firearm in the Western District of Texas.
- A federal grand jury indicted 45-year-old San Antonio resident Charles Allen Scott last month for being a convicted felon in possession of ammunition. According to the indictment, Scott was in possession of a single round of .357-caliber ammunition on October 6, 2020. Court documents allege that a spent shell casing recovered at a scene where Scott fired a gun is linked via NIBIN to three other separate shootings in the San Antonio area. Upon conviction, Scott faces up to 10 years in federal prison. He remains in federal custody. Scott was previously convicted four times of aggravated assault with a deadly weapon in Bexar County.
- Dylan James Rivas is charged by a federal grand jury indictment with being a Felon in Possession of a Firearm. According to court records, Rivas was in possession of a Glock 9 mm pistol on April 17, 2020. That same 9 mm pistol is linked via NIBIN to two shootings in San Antonio. Rivas, a documented gang member, was previously convicted of aggravated robbery and assault family violence in Bexar County. Rivas remains in federal custody pending his trial currently scheduled for next month.
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Thirteen Indicted for Cocaine Trafficking in San Antonio AreaRead the Press Release
Thirteen individuals are charged with trafficking cocaine in the San Antonio area, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.
A federal grand jury indictment returned in San Antonio charges the following defendants with one count of conspiracy to possess with intent to distribute cocaine: Mark Anthony Ojeda, 33, of San Antonio; Juan Antonio Estrada aka "Tony," 37, of Ro Grande City
Lus Claudio Estrada aka “Luz,” 42, of La Joya; Jesus Rodriguez aka “Don Chuy,” 62, of Rio Grande City; Frank Anthony Hernandez aka “Pancho,” 36, of San Antonio; Jose Artemio Acevedo Jr. aka “Chapparo,” 49, of Rio Grande City; Joel Villarreal aka “Gordo,” 49, of San Antonio; Rosalinda Flores, 54, of San Antonio; Jonathan Linares Lumbreras aka “Coahuila,” 30, of San Antonio; Javier Armando Casas, 40, of Pharr; Jesus Manuel DeLuna aka “Chuy,” 48, of San Antonio; Erik Jason Pena, 41, of San Antonio; and
Omar Cuellar, 47, of San Antonio.The indictment also charges Ojeda with two counts of possession with intent to distribute cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime. Further, the indictment charges Pena with an additional one count of possession with intent to distribute cocaine.
The indictment alleges that the defendants conspired since January 2020 to distribute cocaine. During this investigation, authorities have seized approximately 25 kilograms of cocaine, 35 firearms, two silencers, a grenade, body armor and approximately $265,000 in U.S. Currency along with other assets attributable to this organization.
“Drug dealing and violence go hand in hand. That fact is evident from the number of firearms recovered in this investigation - not to mention the silencers, grenade and body armor. Thanks to the excellent work of the DEA and our other law enforcement partners, our community is safer today,” stated U.S. Attorney Sofer.
“This indictment and arrests are the result of a joint investigation with our local, state and federal partners to neutralize a dangerous criminal organization in Texas,” said DEA Special Agent in Charge Whipple. “Our ongoing effort to reduce violence and drug trafficking in our communities sends a clear message that members of these violent criminal enterprises will be held accountable for their crimes.”
On Tuesday, federal, state and local authorities arrested all of the defendants with the exception of Lumbreras, Ojeda and Flores. Agents arrested Lumbreras on Monday night. Ojeda was already in custody, and Flores has yet to be arrested.
Upon conviction of the drug conspiracy charge, Ojeda, Juan Estrada, Lus Estrada, Rodriguez, Hernandez, Acevedo, Villarreal and Flores face between 10 years and life in federal prison; Lumbreras, Casas, DeLuna and Pena face between five and 40 years in federal prison; and Cuellar faces up to 20 years in federal prison. Ojeda faces between 10 years and life in federal prison and Pena faces between five and 40 years in federal prison on the drug possession charge. Ojeda faces a mandatory five years in federal prison on the gun charge upon conviction.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
The DEA, FBI, Homeland Security Investigations (HSI), Texas Department of Public Safety, San Antonio Police Department, New Braunfels Police Department, University of Texas San Antonio Police Department, Gonzales Police Department, Comal County Sheriff’s Office and the Guadalupe County Sheriff’s Office conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Bruja’s Blunder. The U.S. Marshals Service and the Bexar County Sheriff’s Office assisted with arrests. Assistant U.S. Attorney Brian Nowinski is prosecuting this case on behalf of the government.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
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Defendant Sentenced to Federal Prison for Threatening Agents with FirearmRead the Press Release
In San Antonio today, U.S. District Judge Fred Biery sentenced 45-year-old Luther Otis Foster IV, to a total of 90 months in federal prison followed by five years of supervised release for pointing a shotgun at federal agents during the execution of a search warrant at his Bandera County residence, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration Special Agent in Charge Steven S. Whipple, Houston Division.
According to court records, DEA agents executed a search warrant at Foster’s residence in Lakehills on July 21, 2016. Agents announced their presence and entered the residence. Upon entry, Foster leveled a shotgun at the agents and threatened them. Foster was shot and then taken to a nearby hospital for treatment. Inside Foster’s residence, agents discovered a large number of growing marijuana plants and discarded marijuana plant stalks.
“Pointing a weapon at or threatening a federal agent is never a wise choice,” stated U.S. Attorney Sofer. “It is fortunate that no one lost their life in this incident. Unfortunately, today in Florida, a similar scenario ended in heartbreaking tragedy. We should never forget the dangers our law enforcement officers face every day.”
On November 15, 2018, Foster pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime and four counts of assaulting a federal officer with a dangerous weapon.
The DEA investigated this case together with the Bandera County Sheriff’s Office and the Texas Department of Public Safety. Assistant U.S. Attorney John Gibson prosecuted this case on behalf of the government.
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Five Charged in El Paso for Smuggling Drugs and Illegal AliensRead the Press Release
Today in El Paso, federal authorities filed two criminal complaints charging five individuals for smuggling an estimated $5.4 million worth of marijuana and methamphetamine and 77 illegal aliens, announced U.S. Attorney Gregg N. Sofer, Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, Drug Enforcement Administration (DEA) Special Agent in Charge Kyle W. Williamson, U.S. Border Patrol El Paso Sector Chief Patrol Agent Gloria I. Chavez and Big Bend Sector Chief Patrol Agent Sean L. McGoffin.
One criminal complaint charges four Mexican nationals – 40-year-old Jose Jesus Cardenas-Gonzalez, 21-year-old Cristian Armando Lucero-Gonzalez, 27-year-old Damian Arturo Izaguirre-Velasquez and 36-year-old Luis Francisco Galaz-Baldenegro – with one count of conspiracy to transport illegal aliens. The other criminal complaint charges 25-year-old Mexican national Manuel Uriel Pinuelas Salas with possession with intent to distribute a controlled substance.
According to court documents, on January 28, 2021, U.S. Border Patrol agents stopped five pick-up trucks travelling in a caravan approximately 10 miles north of the border on Lopez Road near the base of the Quitman Mountain range in Hudspeth County. Agents discovered a total of 77 illegal aliens inside four vehicles. The fifth vehicle, driven by Pinuelas, contained over 450 pounds of marijuana and more than 157 pounds of methamphetamine.
Upon conviction, Pinuelas faces between 10 years and life in federal prison. The other four defendants face up to 20 years in federal prison upon conviction. All five remain in federal custody pending detention hearings anticipated to take place later this week.
The HSI, DEA and U.S. Border Patrol continue to investigate this case. Assistant U.S. Attorney Spencer Kiggins is prosecuting this case on behalf of the government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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Mexican National Indicted for Shooting at U.S. Border Patrol AgentsRead the Press Release
In Del Rio today, a federal grand jury indicted 34-year-old Mexican national Sergio Trevino for allegedly shooting at two U.S. Border Patrol agents near Brackettville, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division; and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
According to court documents, on January 3, 2021, U.S. Border Patrol agents attempted to stop Trevino who was driving a Chevy Suburban northbound on Texas Ranch Road 334 just north of Brackettville. A high-speed chase ensued as Trevino attempted to abscond. During the pursuit, Trevino fired multiple shots at the agents.
Spike strips were used to bring the Suburban to a stop. Trevino fled from the vehicle and was later apprehended. Six Honduran nationals were found in the vehicle along with 28-year-old Jesseca Ann Whitmire, a U.S. citizen.
The indictment charges Trevino with one count of assault on a federal officer; one count of using a firearm during a crime of violence; one count of conspiracy to transport illegal aliens; one count of felon in possession of a firearm; and one count of being an illegal alien in possession of a firearm.
The indictment also charges Whitmire, 38, of Houston with conspiracy to transport illegal aliens.
Trevino and Whitmire face up to 10 years in federal prison upon conviction of conspiracy to transport illegal aliens. Trevino also faces, upon conviction, up to 20 years in federal prison for the assault charge; between 10 years and life in federal prison for using a firearm during a crime of violence; up to 10 years in federal prison for felon in possession; and up to 10 years in federal prison for being an illegal alien in possession of a firearm.
Trevino has a prior felony conviction for burglary of a habitation with intent to commit other felony. Trevino and Whitmire have remained in federal custody since their arrests on January 3.
HSI and FBI are investigating this case. The Texas Department of Public Safety, Kinney County Sheriff’s Office and Real County Sheriff’s Office assisted Border Patrol agents in apprehending Trevino, Whitmire and the illegal aliens. Assistant U.S. Attorney John Cooper is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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Convicted Felon Sentenced to 51 Months Imprisonment for Possessing a Firearm in a Crowded Austin Parking LotRead the Press Release
A federal judge in Austin sentenced 27-year-old convicted felon Perry Lee Parks to 51 months imprisonment for illegally possessing a loaded 9 mm pistol in a crowded parking lot in downtown Austin, announced U.S. Attorney Gregg N. Sofer and Austin Police Chief Brian Manley.
According to court records, Austin Police officers arrested Parks on September 8, 2019, in a crowded parking lot behind a Sixth Street business. At the time of his arrest, Parks was in possession of a Glock 9mm pistol with a 31-round extended magazine loaded with 24 rounds of ammunition. Parks’ criminal history reveals six prior felony convictions ranging from theft to delivery of a controlled substance.
“We cannot live in a society where an individual who has six felony convictions over 10 years is permitted to roam our streets with a 9mm handgun loaded with 24 rounds of ammunition. Thanks to the hard work of the Austin Police Department, this particular individual will be off the streets and in federal prison. People may deserve a second chance – not seven,” said U.S. Attorney Sofer.
Parks pleaded guilty to the felon-in-possession charge on October 26, 2020. In addition to the 51-month prison term handed down yesterday, U.S. District Judge Lee Yeakel ordered that Parks be placed under supervised release for a period of three years after completing his prison term.
The Austin Police Department investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Daniel Castillo prosecuted this case on behalf of the government.
This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle the rising violent crime rate, interrupt violence, protect innocent life and restore peace to central and west Texas communities.
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Converse Man Indicted for Production of Child PornographyRead the Press Release
Today, a federal judge unsealed an indictment charging 20-year-old Tanner Bryce Real of Converse with producing, receiving and possessing child pornography, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Real is charged with 10 counts of production of child pornography, 10 counts of receipt of child pornography and one count of possession of child pornography. The indictment alleges that between March 2019 and April 2020, the defendant coerced at least 10 minor victims into engaging in sexually explicit conduct for the purpose of producing visual depictions of such conduct. The indictment further alleges that the defendant received child pornography electronically.
Real remains in federal custody. Each count of production of child pornography calls for between 15 and 30 years in federal prison upon conviction. Each count of receipt of child pornography calls for between five and 20 years in federal prison upon conviction. Possession of child pornography calls for up to 20 years in federal prison upon conviction.
The Boerne Police Department initiated this case and is working in conjunction with the FBI's San Antonio Crimes Against Children Task Force on this investigation. Assistant U.S. Attorney Tracy Thompson is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
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 the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
Texas Man Pleads Guilty to Conspiracy to Provide Material Support to ISISRead the Press Release
In San Antonio today, 22-year-old Cost resident Jaylyn Christopher Molina, aka Abdur Rahim, admitted to conspiring to provide material support to the designated foreign terrorist organization Islamic State of Iraq and al-Sham/Syria (ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney for the Western District of Texas Gregg N. Sofer and FBI Special Agent in Charge of the San Antonio Division Christopher Combs.
Appearing before U.S. Magistrate Judge Richard Farrer, Molina pleaded guilty to one count of conspiracy to provide material support to ISIS and one count of receiving child pornography. By pleading guilty, Molina admitted that since May 2019, he conspired with 34-year-old South Carolina resident Kristopher Sean Matthews, aka Ali Jibreel, and others to provide services to ISIS by administering an encrypted, members-only chat group for persons who supported ISIS ideology; by collecting, generating and disseminating pro-ISIS propaganda; by attempting to recruit individuals to join ISIS; and by disseminating bomb-making instructions.
Molina also pleaded guilty to one count of receiving child pornography. On Sept. 18, 2020, federal authorities executing a search warrant at the defendant’s residence seized his cell phone, which contained 18 images depicting child pornography.
Molina faces up to 20 years in federal prison on the conspiracy charge and up to 20 years in federal prison on the child pornography charge. He remains in federal custody pending sentencing.
On Nov. 24, 2020, Matthews pleaded guilty to a conspiracy charge to provide material support to ISIS. Matthews, who remains in federal custody, faces up to 20 years in federal prison. Sentencing is scheduled for 10:30 a.m. CST on March 4, 2021, before Chief U.S. District Judge Orlando L. Garcia in San Antonio.
The San Antonio FBI’s Joint Terrorism Task Force (JTTF), with valuable assistance from the San Antonio Police Department, the U.S. Secret Service and the Gonzalez County Sheriff’s Office, investigated this case. Assistant U.S. Attorneys Mark Roomberg, William R. Harris, Eric Fuchs and Tracy Thompson and Justice Department Trial Attorneys George C. Kraehe and Felice J. Viti of the National Security Division’s Counterterrorism Section are prosecuting this case.
Cost Man Conspired to Provide Material Support to TerroristsRead the Press Release
In San Antonio today, 22-year-old Cost resident Jaylyn Christopher Molina (aka Abdur Rahim) admitted to conspiring to provide material support to the designated foreign terrorist organization Islamic State of Iraq and al-Sham/Syria (ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before U.S. Magistrate Judge Richard Farrer, Molina pleaded guilty to one count of conspiracy to provide material support to ISIS and one count of receiving child pornography. By pleading guilty, Molina admitted that since May 2019, he conspired with 34-year-old South Carolina resident Kristopher Sean Matthews (aka Ali Jibreel) and others to provide services to ISIS by administering an encrypted, members-only chat group for persons who supported ISIS ideology; by collecting, generating and disseminating pro-ISIS propaganda; by attempting to recruit individuals to join ISIS; and by disseminating bomb-making instructions.
Molina also pleaded guilty to one count of receiving child pornography. On September 18, 2020, federal authorities executing a search warrant at the defendant’s residence seized his cell phone, which contained 18 images depicting child pornography.
Molina faces up to 20 years in federal prison on the conspiracy charge and up to 20 years in federal prison on the child pornography charge. He remains in federal custody pending sentencing scheduled for April 22, 2021, before Chief U.S. District Judge Orlando L. Garcia in San Antonio.
On November 24, 2020, Matthews pleaded guilty to a conspiracy charge to provide material support to ISIS. Matthews, who remains in federal custody, faces up to 20 years in federal prison. Sentencing is scheduled for 10:30 a.m. on March 4, 2021, before Judge Garcia.
The San Antonio FBI’s Joint Terrorism Task Force (JTTF), with valuable assistance from the San Antonio Police Department, the United States Secret Service and the Gonzales County Sheriff’s Office, investigated this case. Assistant U.S. Attorneys Mark Roomberg, William R. Harris, Eric Fuchs and Tracy Thompson and DOJ Trial Attorneys George C. Kraehe and Felice J. Viti of the National Security Division’s Counterterrorism Section are prosecuting this case.
Terlingua Man Convicted of Multiple Obscenity Crimes Involving ChildrenRead the Press Release
WASHINGTON – A Texas man was convicted by a federal jury today for operating a website dedicated to publishing writings that detailed the sexual abuse of children.
Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division; Gregg N. Sofer, U.S. Attorney of the Western District of Texas; and Luis M. Quesada, Special Agent in Charge of the FBI’s El Paso Field Office made the announcement.
After a three-day trial, Thomas Alan Arthur, 64, of Terlingua, was convicted of three counts of trafficking in obscene visual representations of the sexual abuse of a child, five counts of trafficking in obscene text stories about the sexual abuse of children, and one count of engaging in the business of selling obscene matters involving the sexual abuse of children.
According to trial evidence, Arthur began operating the Mr. Double website in 1996, and began charging members for access to the site in 1998. The website was dedicated to publishing writings that detail the sexual abuse of children, including the rape, torture, and murder of infants and toddlers. The evidence at trial showed that all submissions for publication were reviewed and approved by Arthur before he posted them on the site. Some of the author pages contained drawings depicting children engaged in sexually explicit conduct. Evidence at trial showed that the website was Arthur’s sole source of income for more than 20 years. The site was taken offline in November 2019 when the FBI executed a search warrant at his residence near Terlingua, where Arthur administered the site. Pursuant to our Mutual Legal Assistance Treaty with the Netherlands, additional evidence was obtained from the server in the Netherlands where the site was hosted.
Sentencing is scheduled for April 19, 2021.
Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Monica Morrison of the Middle District of Tennessee, and Assistant U.S. Attorney Fidel Esparza of the Western District of Texas are prosecuting the case with assistance from the Justice Department’s Office of International Affairs.
The FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Department of Public Safety, and Brewster County Sheriff’s Office investigated 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 http://www.justice.gov/psc.
U.S. Attorneys Warn: Don't Mess with TexasRead the Press Release
The U.S. Attorneys representing the four districts in Texas have announced their intent to prosecute any crimes committed at the State Capitol or elsewhere in violation of federal law ahead of the upcoming presidential inauguration.
“During this time of polarized political discord, freedom of speech is an important right that must be safeguarded, but those who threaten to harm others, commit acts of violence, destroy property or attack law enforcement must be held accountable for their criminal behavior,” said U.S. Attorney Gregg N. Sofer. “Now, more than ever, we must respect the rule of law. The Texas United States Attorneys’ Offices along with our federal, state and local law enforcement partners will pursue federal charges against those who refuse to do so.”
U.S. Attorney Sofer joins his counterparts – U.S. Attorney Ryan K. Patrick, Acting U.S. Attorney Prerak Shah and U.S. Attorney Stephen J. Cox of the Southern, Northern and Eastern Districts of Texas, respectively – to warn those planning to cross state lines to commit crimes in Texas or at the State Capitol that justice will be sought.
As the chief law enforcement officers in each of the federal districts, the U.S. Attorneys will be working with federal, state and local law enforcement throughout the state to aggressively identify individuals who violate federal law. The plan is to ensure that, where appropriate, anyone arrested for committing federal crimes related to protests or similar events on or about Inauguration Day will be processed and held in federal custody pending further criminal proceedings.
The U.S. Attorney’s Office in the District of Columbia (DC) is prosecuting those individuals identified as allegedly committing crimes during the riots last week at the U.S. Capitol. The U.S. Attorneys in Texas have been and will continue to work with Department of Justice (DOJ) officials and necessary law enforcement in those prosecutions.
El Paso Man Charged Federally with Posting Threats on Social MediaRead the Press Release
In El Paso today, a federal grand jury returned an indictment against 49-year-old El Paso resident Michael Reyes for allegedly posting threats on a social media platform, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.
The indictment charges Reyes with one count of interstate communication with threat to injure. The indictment alleges that Reyes transmitted threatening communications between December 12, 2020 and December 14, 2020. Court records reflect that on December 14, 2020, the FBI received a report that a Parler user posted comments advocating murder and terrorism aimed at federal government officials and other individuals.
Reyes has remained in federal custody since FBI agents arrested him on December 18, 2020. Upon conviction, Reyes faces up to five years in federal prison and a maximum $250,000 fine.
The FBI investigated this case with assistance from El Paso Police Department. Assistant U.S. Attorney Mallory Rasmussen is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
El Paso Man Sentenced for Posting Threatening YouTube VideoRead the Press Release
A federal judge today sentenced an El Paso man to 21 months in federal prison for posting a threatening communication over the internet, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.
In addition to the prison term, U.S. District Judge Kathleen Cardone ordered that 43-year-old Manuel Flores be placed on supervised release for a period of three years after completing his prison term. Flores has remained in federal custody since FBI agents arrested him in Dallas on June 15, 2020.
On October 14, 2020, Flores pleaded guilty to transmitting a threatening communication. By pleading guilty, Flores admitted that in June 2020 he recorded and uploaded a video to YouTube entitled “N----- Lives Matter” in which he made threatening comments to Black Lives Matter protestors. During the video, Flores is seated and visible only from the knees down with what appears to be an AR-15 style rifle resting on his feet. Flores stated that in two days he would be travelling on I-20 Eastbound through Dallas while daring individuals representing Black Lives Matter to “stop him.” Flores further stated that “my dream is at least … take out at least 200 n------.”
“During this time of polarized political discord, peaceful protest is an important right that must be safeguarded and those who threaten to harm others, commit acts of violence, destroy property or attack law enforcement must be held accountable for their criminal behavior,” said U.S. Attorney Sofer. “Now more than ever we must respect the rule of law. The United States Attorney’s Office, along with its federal, state and local law enforcement partners will aggressively pursue those who refuse to do so. Today’s sentence should serve as a warning to anyone who would choose to threaten or harm others – you will be federally prosecuted and sent to federal prison.”
The FBI investigated this case. Assistant U.S. Attorney Ian Hanna prosecuted this case on behalf of the government.
San Antonio-Based Coalition Fighting Human Trafficking Receives $1.5 Million GrantRead the Press Release
A recent award of federal funds will enhance the efforts of the South Texas Officers and Prosecutors (STOP) Human Trafficking Task Force, a coalition of prosecutors and law enforcement agencies in San Antonio committed to fighting the evils of human trafficking. This announcement from U.S. Attorney Gregg N. Sofer, San Antonio Mayor Ron Niremberg, San Antonio Police Chief William McManus and BCFS Health and Human Services Human Trafficking Interdiction Division (BCFS-HHS-HTI) Executive Director Chara McMichael appropriately coincides with National Human Trafficking Awareness Day.
The $1.5M federal grant from the Department of Justice – Office of Victims of Crime – Bureau of Justice Assistance will strengthen the efforts of law enforcement agencies in Bexar and adjacent counties in investigating and prosecuting individuals engaged in trafficking. The STOP Human Trafficking Task Force will use the funding to increase community identification of all forms of human trafficking, rescue victims and prosecute traffickers. Importantly, this program will enhance the existing resources of all area partners to effectively serve survivors of human trafficking. The San Antonio Police Department serves as the lead law enforcement agency and BCFS-HHS-HTI serves as the lead victim services agency.
“Today is National Human Trafficking Awareness Day. In the United States there are thousands of individuals held captive by malevolent traffickers who dehumanize, debase and harm their vulnerable victims. No human being of any age, nationality or background should be treated as a commodity to be bought, sold, traded or forced into labor of any kind,” said U.S. Attorney Sofer. “I am pleased that the STOP Human Trafficking Task Force has received this federal funding. Together, we will prosecute those that profit from this brutal and cruel behavior to the fullest extent of the law.”
Task Force members will provide specialized training and support for local law enforcement agencies and victim service providers to increase offender arrests, prosecutions and convictions. Task Force members will also provide training for educational and business establishments throughout our community. Presentations and audience-specific trainings within the community will increase awareness and identification of all forms of human trafficking – both adults and children who are exploited for the purposes of sex and labor – and will result in more victims rescued and exploitation prevented.
“According to the U.S. Department of Health and Human Services, 25% of human trafficking victims are found in Texas. With tens of thousands of human trafficking victims, San Antonio has proven to be a primary hub for sex trafficking in Texas in the last three years. It is clear, our community must focus on identifying the victims of human trafficking,” said Mayor Niremberg.
The STOP Human Trafficking Task Force, chaired by the U.S. Attorney’s Office, consists of experts dedicated to investigating and prosecuting incidents of human trafficking at both the state and federal levels. In addition to the San Antonio Police Department and BCFS-HHS-HTI, partners include the FBI, Homeland Security Investigations (HSI), Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, Bexar County Juvenile Probation, Texas Attorney General’s Office, Texas Department of Public Safety, Texas Alcohol and Beverage Commission, Texas RioGrande Legal Aid (TRLA), U.S. Marshals Service and U.S. Attorney’s Office.
“The concepts of human trafficking are often misunderstood. The need for increased public awareness, education, and training will increase the identification and reporting of suspected human trafficking. The STOP Task Force is committed to continually refining the methods used to identify victims of human trafficking, as well as working within the community to promote awareness,” said Chief McManus.
If you or someone you know is a victim of human trafficking and needs immediate assistance, call 911. For more information or to learn how you can help, please visit www.STOP-HumanTrafficking.com. If you suspect human trafficking activities, please call the toll-free local human trafficking regional hotline at 1-844-843-6348 or 1-844-UIENDHT (U&I can END Human Trafficking). Trained professionals are ready to provide information and assistance.
“The only way we will succeed is for everyone in our communities to become involved,” said BCFS-HHS-HTI Director McMichael. “Help us fight this horrific crime. Help us educate those around you as to what slavery really looks like in a modern world. With your help, we can identify and remove victims from their situations of abuse and help them to recover.”
Statement by U.S. Attorney Gregg N. Sofer on Law Enforcement Appreciation DayRead the Press Release
Saturday is Law Enforcement Appreciation Day, and it could not come at a more critical time. Despite a difficult 2020, law enforcement is still out there, protecting you, your property and your loved ones from those who would take all that you have. But with the current climate, we may soon have fewer and less qualified officers, less protection, and more crime. Indeed, this downward spiral has already begun. The ranks of law enforcement have experienced record levels of retirements, lower levels of recruitment, and we have seen increasing crime rates in cities throughout the country.
Over the past 29 years, I have worked with hundreds of federal, state and local law enforcement officers – public servants who choose to go to work intent on making a positive difference in our communities. They see the worst of humanity but willingly and purposefully step into the line of fire to help the vulnerable among us.
Law enforcement officers demonstrate real acts of heroism. They save lives, prevent injury, confront violence, and help those who cannot help themselves. Helping is what motivates them. They do their dangerous jobs with little external reward, often with little gratitude and with little understanding by the public of the challenges they face.
Imagine the federal agents who must mine through a seemingly never-ending stream of vile child pornography, desperately trying to rescue child victims, haunted by barbaric images of innocent children being abused. Or consider the local police officer who realizes a family’s financial hardship and pays out of pocket to stock their pantry with food. Know that border patrol agents dive into muddy waters to rescue drowning children and that local police officers routinely sit on sidewalks and talk people through mental health episodes while securing them needed services.
Our law enforcement professionals are burdened with the weight of the human struggle, and they respond. With compassion. With kindness. With concern so much of the time. And often unnoticed or unseen – that’s the way they prefer it.
The risks to these professionals are incredible. Each day they leave their homes uncertain if they will return; if they will be spit upon, cursed, or assaulted; if they will be forced to make a split second decision that could injure or take a life; if they will lose their life; if their spouse will be widowed or child will lose a parent. When we see them in uniform, it’s easy to forget that they are human beings just like us; that they, too, have parents, spouses, children, and people they love; that they worry about paying their bills or making it to their child’s ballgame. They do a job most of us are unwilling and incapable of doing. They run towards gunfire and expose themselves to COVID and other contagious diseases. They tolerate unjustified vilification, work with deficient resources, endure constant criticism, and largely accept relatively low wages all the while handling the very worst our society has to offer – all so that we don’t have to. In the current environment, one must wonder why anyone would do this job.
I realize that people make bad decisions every day, that corruption creeps into every profession and into the highest echelons of authority. Law enforcement is not immune. Indeed, I have prosecuted police officers during my career for abusing their positions and committing crimes. We expect our law enforcement officials to be held to the highest standard. But the overwhelming majority of our law enforcement professionals do their jobs exceedingly well and with motives society should emulate. Tarnishing the reputations of thousands who wear the badge is, like stereotyping of any kind, innately wrong and exceedingly dangerous.
This weekend, when you see an officer, detective, deputy, sheriff or special agent, take a moment to step into their shoes, to listen to their stories, to understand the person. Thank them for their service to our community. After all, you need them, and they need your understanding.
Federal Judge Denies Bond to Alleged Round Rock-Based Drug Trafficker and Money Launderer Who Used the Dark Web to Carryout his SchemesRead the Press Release
In Austin today, U.S. Magistrate Judge Andrew W. Austin ordered that 38-year-old Round Rock resident Tu Hoang Dinh remain in federal custody after he entered a not-guilty plea to drug trafficking and money laundering conspiracy charges involving the Dark Web, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and Round Rock Police Chief Allen Banks.
A federal grand jury indictment charges Dinh with one count of conspiracy to import and possess with intent to deliver controlled substances and one count of conspiracy to launder monetary instruments. The indictment alleges that Dinh has conspired with others since 2018 to import and distribute THC, LSD, and MDMA (Ecstasy) using the Dark Web and under the business name “ATXGreen.” The indictment also alleges that Dinh opened Venmo, PayPal, Square and Zelle accounts to accept payments for drugs. He subsequently used proceeds from the distribution of narcotics to purchase two vehicles and to pay his property taxes in Williamson County.
Upon conviction, Dinh faces between 10 years and life in federal prison for the drug conspiracy and up to 20 years in federal prison for the money laundering conspiracy. No further court dates have been scheduled.
HSI and the Round Rock Police Department conducted this 16-month investigation with assistance from the U.S. Postal Inspection Service. Assistant U.S. Attorneys Mark Marshall and Robert Almonte are prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
El Paso Man Indicted for Stabbing Incident on Fort BlissRead the Press Release
In El Paso, a federal grand jury returned an indictment charging 26-year-old Christopher Delgado for allegedly hitting his girlfriend with his fist then stabbing her with a knife multiple times while on Fort Bliss on November 26, 2020, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis Quesada, El Paso Division.
The indictment charges Delgado with one count of assault resulting in serious bodily injury and one count of assault by striking, beating or wounding. According to court documents, Delgado was driving when the victim asked to be taken home. Delgado struck the victim with a closed fist and she struck him back. Delgado pulled over, reached for a knife in the door of his vehicle and stabbed his victim multiple times before pushing her out of his car.
Motorists saw the victim on the edge of Highway 375 and called emergency services. She was treated for stab wounds at a local hospital.
Delgado faces up to 10 years in federal prison upon conviction of assault resulting in serious bodily injury. He faces up to one year in federal prison upon conviction for assault by striking, beating or wounding.
The FBI conducted this investigation with assistance from the Army Criminal Investigation Command (CID). Assistant U.S. Attorney Herbert Bunton, III, is prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Sofer Announces Operation Undaunted in AustinRead the Press Release
With murders in Austin up 55% over the previous year, U.S. Attorney Gregg N. Sofer, joined by dozens of federal, state and local law enforcement officials, announced in Austin today the implementation of Operation Undaunted, a program designed to tackle the rising violent crime rate, interrupt violence, protect innocent life and restore peace to Austin neighborhoods.
“When you defund the police, relax enforcement of existing criminal law, and release repeat offenders and violent criminals into our streets, increased violence is exactly what you can expect,” said U.S. Attorney Sofer. “Despite the challenges of the coronavirus and the unfair vilification of the entire law enforcement community, we remain undaunted in our commitment to protect the residents of central and west Texas.”
Operation Undaunted is a four-prong approach that draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to combat violence. The first component is to increase the use and exploitation of the National Integrated Ballistic Information Network (NIBIN) to focus on the most violent offenders in local communities—shooters. Aggressively comparing ballistics evidence gathered from crime scenes as well as from recovered firearms to uncover ties between offenders and violent crimes is of utmost importance. The second component focuses on removing from our communities incorrigible, repeat offenders who fail to rehabilitate; continue to commit violent acts, including domestic violence; and pose a continuing threat and ongoing danger to law-abiding citizens and victims. The third component call for assertive federal prosecution of the most violent and serious robbery cases. Robberies in which a firearm was used, are committed by gang members, cartels or crews, or that involved thefts from gun stores and other federal firearms licensees that span multiple jurisdictions will receive special attention. The fourth component is collaborative engagement with military authorities to investigate and prosecute violent crimes that occur on military bases while adhering to Posse Comitatus.
Operation Undaunted represents federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities. “We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims,” said U.S. Attorney Sofer.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
International Trio Indicted in Austin for Illegal Exports to RussiaRead the Press Release
A four–count federal grand jury indictment returned in Austin and unsealed today charges three foreign nationals – a Russian citizen and two Bulgarian citizens – with violating the International Emergency Economic Powers Act (IEEPA), Export Control Reform Act (ECRA), and a money laundering statute in a scheme to procure sensitive radiation-hardened circuits from the U.S. and ship those components to Russia through Bulgaria without required licenses.
“Time and again, we find the Russians attempting to get access to sensitive American technology. The defendants here are charged with exporting radiation-hardened chips to Russia, knowing that it was illegal to do so and establishing a business in Bulgaria to circumvent U.S. enforcement authorities,” said Assistant Attorney General for National Security John C. Demers. “I am gratified by our whole-of-government response to this flagrant example of U.S. export controls evasion.”
“Today’s indictment demonstrates that the United States Attorney’s Office, the Department of Justice and our federal partners will follow those who seek to evade U.S. export enforcement laws wherever our investigations lead. National security remains our highest priority. We must never allow our most sensitive technology to fall into the hands of those who would seek to use it against us,” said U.S. Attorney Sofer.
“The Office of Export Enforcement in partnership with the FBI and DCIS uncovered an illicit procurement network that was diverting radiation-hardened integrated circuits from the United States through a Bulgarian front company to entities in Russia,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce. “Today’s announcement and related action by the Commerce Department to place the parties on the Entity List represent a collaborative whole-of-government approach to protecting sensitive, controlled U.S. technology, which is critical to our national security.”
“Today’s indictment details the efforts our adversaries will make to obtain our sensitive technology and demonstrates that the United States will hold any individuals, organizations, and nations, who willfully violate our export laws accountable.” said Special Agent in Charge Christopher Combs. “The FBI and our partners will work vigorously to protect and defend the national security of our country.”
The indictment alleges that 48-year-old Russian national Ilias Sabirov, 70-year-old Bulgarian national Dimitar Dimitrov and 46-year-old Bulgarian national Milan Dimitrov used Bulgarian company Multi Technology Integration Group EEOD (MTIG) to receive controlled items from the U.S. and send them to Russia. Under U.S. export control law, the goods could not be shipped to Russia without the permission of the U.S. government.
According to the indictment, Sabirov is the head of two Russian companies--Cosmos Complect and OOO Sovtest Comp.--and controls MTIG. Both Dimitar Dimitrov and Milan Dimitrov worked for Sabirov at Cosmos Complect and MTIG.
In 2014, the defendants met with the supplier of the radiation-hardened components in Austin and were informed that radiation-hardened circuits could not be shipped to Russia because of U.S. trade restrictions. Stymied by U.S. law, Sabirov established MTIG in Bulgaria and bought the controlled electronic circuits. The radiation-hardened properties of these circuits made them resistant to damage or malfunction in the harsh outer-space environment. Export of the parts was controlled by the U.S. government for these very reasons. The parts were shipped to Bulgaria in 2015 and MTIG soon thereafter shipped them to Sabirov’s companies in Russia. OOO Sovtest Comp. transferred over $1 million to MTIG for controlled U.S. parts.
In the same timeframe, MTIG—at Sabirov’s direction—ordered over $1.7 million in other electronic components produced by another U.S. electronics manufacturer. Sabirov bought these parts to fulfill part of his contract with OOO Sovtest Comp. Again, the parts were shipped from the U.S. to Bulgaria where they were merely repackaged and onward shipped to Russia.
In late 2018, a Department of Commerce Export Control Officer interviewed Milan Dimitrov during a visit at MTIG to determine whether the radiation-hardened components were still in MTIG’s possession in Bulgaria. Milan Dimitrov, among other things, fraudulently denied sending the components to Russia.
The indictment charges Sabirov, Dimitar Dimitrov and Milan Dimitrov with two counts related to violations of IEEPA and one count of money laundering. The indictment also charges Milan Dimitrov with one count of false statements to the government. Each count charged in the indictment calls for up to 20 years in federal prison upon conviction.
In conjunction with the unsealing of these charges, the Department of Commerce is designating Ilias Sabirov, Dimitar Dimitrov, Milan Dimitrov, Mariana Marinova Gargova, MTIG EOOD, Cosmos Complect and OOO Sovtest Comp., adding them to its Bureau of Industry and Security Entity List. Designation on the Entity List imposes a license requirement before any commodities can be exported from the U.S. to these persons or companies and establishes a presumption that no such license will be granted.
The Entity List identifies foreign parties that are prohibited from receiving some or all items subject to the Export Administration Regulations (EAR) unless the exporter secures a license. Those persons present a greater risk of diversion to weapons of mass destruction (WMD) programs, terrorism or other activities contrary to U.S. national security or foreign policy interests. Commerce – Office of Export Enforcement can add to the Entity List a foreign party, such as an individual, business, research institution or government organization, for engaging in activities contrary to U.S. national security and/or foreign policy interests. In most instances, license exceptions are unavailable for the export, re-export or transfer (in-country) to a party on the Entity List of items subject to the EAR. Rather, a prior license is required, usually subject to a policy of denial.
Commerce – Office of Export Enforcement and the FBI are investigating this case with assistance from Defense Criminal Investigative Service (DCIS). The Justice Department’s Office of International Affairs provided investigative assistance. The government’s case is being prosecuted by Assistant U.S. Attorneys Michael C. Galdo and G. Karthik Srinivasan of the Western District of Texas, as well as Trial Attorney Thea R. Kendler of the Justice Department’s National Security Division.In all cases, defendants are presumed innocent until and unless proven guilty. The indictment merely contains allegations of criminal activity.
International Trio Indicted in Austin for Illegal Exports to RussiaRead the Press Release
A four–count federal grand jury indictment returned in Austin and unsealed today charges three foreign nationals – a Russian citizen and two Bulgarian citizens – with violating the International Emergency Economic Powers Act (IEEPA), Export Control Reform Act (ECRA), and a money laundering statute in a scheme to procure sensitive radiation-hardened circuits from the U.S. and ship those components to Russia through Bulgaria without required licenses.
That announcement was made today by U.S. Attorney Gregg N. Sofer; Assistant Attorney General for National Security John C. Demers; P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce; FBI San Antonio Division Special Agent in Charge Christopher Combs; and Defense Criminal Investigative Service (DCIS) Southwest Field Office Special Agent in Charge Michael Mentavlos.
The indictment alleges that 48-year-old Russian national Ilias Sabirov, 70-year-old Bulgarian national Dimitar Dimitrov and 46-year-old Bulgarian national Milan Dimitrov used Bulgarian company Multi Technology Integration Group EEOD (MTIG) to receive controlled items from the U.S. and send them to Russia. Under U.S. export control law, the goods could not be shipped to Russia without the permission of the U.S. government.
According to the indictment, Sabirov is the head of two Russian companies--Cosmos Complect and OOO Sovtest Comp.--and controls MTIG. Both Dimitar Dimitrov and Milan Dimitrov worked for Sabirov at Cosmos Complect and MTIG.
In 2014, the defendants met with the supplier of the radiation-hardened components in Austin, and were informed that radiation-hardened circuits could not be shipped to Russia because of U.S. trade restrictions. Stymied by U.S. law, Sabirov established MTIG in Bulgaria and bought the controlled electronic circuits. The radiation-hardened properties of these circuits made them resistant to damage or malfunction in the harsh outer-space environment. Export of the parts was controlled by the U.S. government for these very reasons. The parts were shipped to Bulgaria in 2015, and MTIG soon thereafter shipped them to Sabirov’s companies in Russia. OOO Sovtest Comp. transferred over $1 million to MTIG for the controlled U.S. parts.
In the same timeframe, MTIG—at Sabirov’s direction—ordered over $1.7 million in other electronic components produced by another U.S. electronics manufacturer. MTIG bought these parts to fulfill part of its contract with OOO Sovtest Comp. Again, the parts were shipped from the U.S. to Bulgaria, where they were merely repackaged and onward shipped to Russia.
In late 2018, a Department of Commerce Export Control Officer interviewed Milan Dimitrov during a visit at MTIG to determine whether the radiation-hardened components were still in MTIG’s possession in Bulgaria. Milan Dimitrov, among other things, fraudulently denied sending the components to Russia.
“Today’s indictment demonstrates that the United States Attorney’s Office, the Department of Justice and our federal partners will follow those who seek to evade U.S. export enforcement laws wherever our investigations lead. National security remains our highest priority. We must never allow our most sensitive technology to fall into the hands of those who would seek to use it against us,” said U.S. Attorney Gregg N. Sofer.
“Time and again, we find the Russians attempting to get access to sensitive American technology. The defendants here are charged with exporting radiation-hardened chips to Russia, knowing that it was illegal to do so and establishing a business in Bulgaria to circumvent U.S. enforcement authorities,” said Assistant Attorney General for National Security John C. Demers. “I am gratified by our whole-of-government response to this flagrant example of U.S. export controls evasion.”
“The Office of Export Enforcement in partnership with the FBI and DCIS uncovered an illicit procurement network that was diverting radiation-hardened integrated circuits from the United States through a Bulgarian front company to entities in Russia,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce. “Today’s announcement and related action by the Commerce Department to place the parties on the Entity List represent a collaborative whole-of-government approach to protecting sensitive, controlled U.S. technology, which is critical to our national security.”
“Today’s indictment details the efforts our adversaries will take to obtain our sensitive technology and demonstrates that the U.S. will hold any individuals, organizations, and nations, who willfully violate our export laws accountable,” said FBI Special Agent in Charge Christopher Combs. “The FBI and our partners will work vigorously to protect and defend the national security of our country.”
“This investigation underscores the Defense Criminal Investigative Service's commitment to safeguarding our nation's most sensitive technologies and preventing those technologies from getting into the hands of our adversaries,” said DCIS Southwest Field Office Special Agent in Charge Michael Mentavlos. “DCIS, in consort with our law enforcement partners, will continue to aggressively identify, disrupt, and bring to justice those who attempt to circumvent export control laws and threaten the integrity of U.S. military technology.”
The indictment charges Sabirov, Dimitar Dimitrov and Milan Dimitrov with two counts related to violations of IEEPA and one count of money laundering. The indictment also charges Milan Dimitrov with one count of false statements to the government. Each count charged in the indictment calls for up to 20 years in federal prison upon conviction.
In conjunction with the unsealing of these charges, the Department of Commerce is designating Ilias Sabirov, Dimitar Dimitrov, Milan Dimitrov, Mariana Marinova Gargova, MTIG EOOD, Cosmos Complect and OOO Sovtest Comp., adding them to its Bureau of Industry and Security Entity List. Designation on the Entity List imposes a license requirement before any commodities can be exported from the U.S. to these persons or companies and establishes a presumption that no such license will be granted.
The Entity List identifies foreign parties that are prohibited from receiving some or all items subject to the Export Administration Regulations (EAR) unless the exporter secures a license. Those persons present a greater risk of diversion to weapons of mass destruction (WMD) programs, terrorism or other activities contrary to U.S. national security or foreign policy interests. Commerce – Office of Export Enforcement can add to the Entity List a foreign party, such as an individual, business, research institution or government organization, for engaging in activities contrary to U.S. national security and/or foreign policy interests. In most instances, license exceptions are unavailable for the export, re-export or transfer (in-country) to a party on the Entity List of items subject to the EAR. Rather, a prior license is required, usually subject to a policy of denial.
Commerce – Office of Export Enforcement and the FBI are investigating this case with assistance from DCIS. The government’s case is being prosecuted by Assistant U.S. Attorneys Michael C. Galdo and G. Karthik Srinivasan of the Western District of Texas, as well as Trial Attorney Thea D. R. Kendler of the Justice Department’s National Security Division. The Justice Department’s Office of International Affairs provided investigatory assistance.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictment merely contains allegations of criminal activity.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Uvalde Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
In Del Rio today, a federal judge sentenced 21-year-old Uvalde resident Pedro Gonzalez, Jr. to 40 months in federal prison for possessing hundreds of images of child pornography, announced U.S. Attorney Gregg N. Sofer and Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division.
In addition to the prison term, U.S. District Judge Kathleen Cardone ordered that Gonzalez be placed on supervised release for a period of 10 years after his incarceration.
According to court records, HSI agents executed a search warrant at the defendant’s residence on August 22, 2019. During the search, investigators seized items belonging to Gonzalez including a portable hard drive, PlayStation console, thumb drive, laptop computer, desktop computer and two cell phones. A forensic examination of the seized items revealed the presence of approximately 787 images and 26 videos of material depicting the sexual exploitation of minors. On March 19, 2020, Gonzalez pleaded guilty to one count of possession of child pornography.
“With ever increasing access to communication platforms, HSI must continue to stay a step ahead of those who exploit technology to facilitate some of the worst crimes in modern society. The defendant in this case, Pedro Gonzalez will serve the next three years in prison for his unfathomable acts,” said Deputy Special Agent in Charge, Craig Larrabee, HSI San Antonio. “HSI remains committed to working with our law enforcement partners to aggressively pursue those who victimize the most vulnerable members of our society, our children.”
HSI investigated this case with valuable assistance from the Uvalde County Sheriff’s Office, Texas Attorney General’s Office and National Center for Missing and Exploited Children (NCMEC). Assistant U.S. Attorneys Rex Beasley, Ben Tonkin and Sydni Connell prosecuted this case on behalf of the government.
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 the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
South Carolina Man Sentenced to 20 Years in Federal Prison for Trafficking Methamphetamine at Eagle Pass Port of EntryRead the Press Release
In Del Rio, a federal judge sentenced 35-year-old Jacob Floyd Bailey to 20 years in federal prison for trafficking in methamphetamine, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and U.S. Customs and Border Protection (USCBP) Eagle Pass Port Director Paul Del Rincon.
During Monday afternoon’s hearing, U.S. District Judge David C. Guaderrama also sentenced Bailey to a term of five years on supervised release after his incarceration.
According to Court records, on July 29, 2019, Bailey, a South Carolina resident, entered the U.S. by vehicle from Mexico through the port of entry at the Eagle Pass Bridge II. During secondary inspection of the vehicle, a U.S. Customs and Border Patrol Officer discovered seven plastic bladders containing over 70 kilograms of liquid methamphetamine in the vehicle’s gas tank. Bailey admitted to the agents he was aware there was an illegal drug concealed in the gas tank. Later investigation revealed the liquid methamphetamine was destined for Atlanta.
On January 10, 2020, Bailey pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
“Thanks to the efforts of U.S. Customs and Border Protection, more than 140 pounds of liquid poison was intercepted before it made its way to Atlanta,” said U.S. Attorney Sofer. “We must continue to vigilantly guard our southern border and do our best to prevent criminal cartels from trafficking methamphetamine and other toxic addictive substances into our country for profit.”
Also arrested with Bailey was 30-year-old Tarina Marie Timms of South Carolina. On January 17, 2020, Timms pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. Timms is scheduled to be sentenced on January 11, 2021, before U.S. District Judge Guaderrama.
Both Bailey and Timms have been in federal custody since their arrests on July 29, 2019.
“Methamphetamine is a vicious drug that destroys lives, devastates our communities and compromises the public’s safety,” said Deputy Special Agent in Charge Craig Larrabee, HSI San Antonio. “The sentence in this case is fitting of the serious crime committed by this defendant. HSI along with our law enforcement partners will continue to seek out and bring justice to those involved in the illicit drug trade.”
HSI and USCBP agents investigated this case. Assistant U.S. Attorney Sydni Connell prosecuted this case on behalf of the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.Fort Hood Resident Enters Guilty Plea to Endangering a ChildRead the Press Release
In Waco today, 31-year-old Emily Pait admitted to endangering children when she fired a gun inside her Fort Hood residence, announced U.S. Attorney Gregg N. Sofer.
Appearing before U.S. Magistrate Judge Jeffrey C. Manske, Pait pleaded guilty to one count of endangering a child and one count of deadly conduct. By pleading guilty, Pait admitted that on March 10, 2020, she discharged a pistol inside her residence that was occupied by two children. The bullet then penetrated an interior wall and went into an adjoining residence where her neighbor’s child was located at the time. All of the children are under the age of 15. None of the children were injured.
Pait faces up to 10 years in federal prison. She remains on bond pending sentencing. Sentencing has yet to be scheduled.
Military Police Investigations (MPI) on Fort Hood conducted this investigation. Assistant U.S. Attorney Mark Frazier and Special Assistant U.S. Attorney MAJ Aaron Salter are prosecuting this case on behalf of the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
San Antonio Man Whose Sentence Was Previously Commuted Once Again Arrested on Federal Drug ChargesRead the Press Release
Federal, state and local authorities have arrested eight individuals on federal drug trafficking charges, including 41-year-old Texas Syndicate Lieutenant Hilario Nieto whose sentence President Barack Obama previously commuted, announced U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; and Texas Department of Public Safety (DPS) Director Steven McCraw.
Those arrested Tuesday include: Hilario Nieto (aka “Shorty”) of San Antonio; 31-year-old Daniel Castaneda of San Antonio; 29-year-old Joe Sanchez of San Antonio; 40-year-old Melissa Molina of San Antonio; 31-year-old Deanna Diaz of San Antonio; 56-year-old former Texas Mexican Mafia member Martin Reynosa of San Antonio; and 58-year-old Maria Rivas of San Antonio. Texas Syndicate Lieutenant Danny Rivas (aka “Pelon,” “Klumzee”), 41 of San Antonio, was previously arrested on this indictment.
An eight-count federal indictment charges the above-named defendants with one count of conspiracy to possess with intent to distribute methamphetamine and heroin. In addition, Danny Rivas is charged with two counts of possession with intent to distribute methamphetamine. Castaneda and Molina are also charged with one count of possession with intent to distribute methamphetamine. The indictment also charges Reynosa and Maria Rivas with five counts of possession with intent to distribute heroin.
The indictment alleges that the defendants have conspired since June 2019 to distribute methamphetamine and heroin in the San Antonio area. Search warrants executed in conjunction with arrest warrants resulted in the seizure of methamphetamine, heroin and two firearms.
In 2004, Nieto was sentenced to 248 months in federal prison on drug charges in the Western District of Texas. Scheduled to be released in 2021, President Barack Obama commuted Nieto's sentence in 2016. The commutation was effective August 2018.
“It is truly appalling that a man whose sentence the President previously commuted chose to flout that generous gift after being released from federal prison and resume gang-related drug dealing in the San Antonio community,” said U.S. Attorney Sofer.
“With these arrests, DEA and its federal, state and local law enforcement partners have dismantled an organization responsible for supplying large quantities of methamphetamine and heroin to communities in the San Antonio region,” said DEA Special Agent in Charge Whipple. “Methamphetamine and heroin trafficking, along with the associated crimes, are particularly destructive to the quality of life in our communities. DEA will continue to work with our law enforcement partners to target and eliminate these criminal organizations and hold them accountable for the destruction they cause.”
The DEA and DPS Criminal Investigations conducted this investigation with assistance from IRS-Criminal Investigation, U.S. Immigration and Customs Enforcement, U.S. Marshals Service, Bexar County Sheriff’s Office, Seguin Police Department, Terrell Hills Police Department and the Bexar County District Attorney’s Office.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation called Operation Blended Familia. 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.
Upon conviction of the methamphetamine related charges, the defendants face between 10 years and life in federal prison. Upon conviction of the heroin-related charges, the defendants face up to 20 years in federal prison.
All of the defendants remain in federal custody. Those arrested on Tuesday are expected to have their detention hearings in U.S. Magistrate court in San Antonio beginning next week.
Assistant U.S. Attorney Sarah Ella Spears is prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.#####
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former CFO for Richardson Enterprises, Ltd., Sentenced for Embezzling Close to $16 MillionRead the Press Release
A federal judge in Austin sentenced 51-year-old Tamra Maurene Villarreal (aka Tamra Creighton Villarreal), the former Chief Financial Officer (CFO) for Richardson Enterprises, Ltd. headquartered in Austin, to 63 months imprisonment for her role in a close to $16 million embezzlement scheme, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Special Agent in Charge Richard D. Goss, Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office.
At sentencing yesterday afternoon, U.S. District Judge Robert Pitman also ordered the Lakeway resident to pay $15,941,452.87 in restitution to the Richardson family and $4,243,649 in restitution to the IRS. Judge Pitman further ordered Villarreal to be placed on supervised release for a period of three years after completing her prison term.
Richardson Enterprises (Richardson) has automobile dealerships in Arizona, New Mexico and Texas. As CFO, Villarreal compiled financial information and provided it to outside accountants. She also had signing authority on Richardson bank accounts.
On August 18, 2020, Villarreal pleaded guilty to a two-count Information charging her with wire fraud and making and subscribing a false income tax return. By pleading guilty, Villarreal admitted that from 2009 to January 2018, she embezzled the funds from Richardson accounts and used that money for personal enrichment. Specifically, Villarreal diverted monies from Richardson bank accounts to accounts belonging to her and her husband. She used those stolen funds along with a corporate business credit card to pay for numerous personal expenditures including luxury items, hotel stays and restaurant tabs without the knowledge or permission of the Richardson family. Villarreal admitted that she used her access and control of Richardson’s books and records to conceal and disguise her unauthorized transactions.
In April 2018, law enforcement executed a search warrant on her Lakeway residence. Recovered during the search were many valuables purchased during the scheme, including rare coins, gold bars, expensive watches, lavish jewelry and multiple firearms.
Villarreal also admitted that she subscribed a false 2013 federal income tax return wherein she and her spouse claimed $433,747 in earnings when in truth their income that year far exceeded that amount when accounting for the proceeds from her embezzlement scheme.
Villarreal’s former husband, 48-year-old Robert Scott Villarreal, pleaded guilty to federal charges in connection with this investigation. He is scheduled to be sentenced on January 21, 2021, in Austin before U.S. District Judge Pitman. Robert Villarreal, who is out on bond, faces up to 10 years in federal prison for money laundering, up to 20 years in federal prison for possession with intent to distribute cocaine and up to three years in federal prison for failure to file a federal income tax return.
The FBI and IRS-CI investigated this case. Assistant United States Attorneys Michelle Fernald and Robert Almonte prosecuted this case on behalf of the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Authorities Arrest El Paso Police Officer for Providing Assistance to Drug DealerRead the Press Release
In El Paso today, federal authorities arrested 23-year-old El Paso police officer Monica Garcia for allegedly helping a local drug distributor to further his criminal enterprise, announced U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division; and El Paso Police Chief Greg Allen.
A three-count federal grand jury indictment unsealed today charges Garcia and 44-year-old Fred Saenz with conspiracy to possess with intent to distribute cocaine; conspiracy to unlawfully use a communication facility; and conspiracy to maintain a drug involved premise. The indictment also charges Saenz with one count of possession with intent to distribute over 500 grams of cocaine.
According to court records, on November 10, 2020, DEA and the El Paso Police Department (EPPD) executed two search warrants at two different residences in El Paso utilized by Saenz to conduct drug trafficking activity. Agents and officers seized approximately $14,450.00 at one residence and approximately 1.2 kilograms of cocaine at the second residence. Saenz was arrested at that time based on a federal criminal complaint. Further investigation revealed that Garcia used her law enforcement access with EPPD to conduct counter-surveillance measures for Saenz, including running license plates on vehicles associated with undercover operations.
“Law enforcement officers must he held to the highest standards,” said U.S. Attorney Sofer. “The U.S. Attorney’s Office is committed to ensuring that any public official who violates the law is brought to justice, and we will always devote the necessary resources to ensure that this important part of our mission is carried out effectively.”
“The defendant is alleged to have committed serious crimes, which are compounded by the fact that she was sworn to uphold the law,” stated DEA Special Agent in Charge Williamson. “Although this is an isolated case, the charged conduct still unfairly tarnishes the proud reputation of the thousands of law enforcement officers in the El Paso area who put their lives on the line every day to protect our residents and their communities.”
“All El Paso Police Department employees are sworn to uphold the law and are held to the highest of standards. The men and women of the El Paso Police Department are dedicated to serving the community and are appalled at the actions of this individual. Every officer takes an oath and I want to ensure the community that any officer who violates that oath will be dealt with sternly and swiftly. We also thank DEA for their cooperation in investigating this case,” said El Paso Police Chief Allen.
Conspiracy to unlawfully use a communication facility calls for up to four years in federal prison upon conviction. Conspiracy to maintain a drug involved premise calls for up to 20 years in federal prison upon conviction. Saenz faces between five and 40 years in federal prison upon conviction of the drug related charges. Garcia faces up to 20 years in federal prison upon conviction of the drug related charges.
Garcia and Saenz remain in federal custody at this time.
The DEA and the EPPD’s Narcotics Unit and Special Investigations Unit are investigating this case. Assistant U.S. Attorneys Michael Williams and Steven Spitzer are prosecuting this case on behalf of the government.
It is important to note that a federal grand jury indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
13 Arrested in Connection with an LSD, Fentanyl and Methamphetamine Trafficking and Money Laundering Scheme Occurring in the West Campus Area of the University of Texas at AustinRead the Press Release
Federal, state and local authorities have arrested 13 individuals, including current and former University of Texas (UT) students, charged in connection with trafficking LSD, fentanyl and methamphetamine pills to UT students in Austin.
That announcement was made today by U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; FBI Special Agent in Charge Christopher Combs, San Antonio Field Office; Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Richard D. Goss, Houston Field Office; Travis County Sheriff Sally Hernandez; Austin Police Chief Brian Manley; and Lakeway Police Chief Todd Radford.
Those arrested include: 23-year-old Varun Prasad of Austin; 26-year-old Charles Zenker of Houston; 68-year-old Benny Daneshjou of Austin; 26-year-old Ashley Larue of Austin; 21-year-old Drew Zarate of Austin; 32-year-old Christopher Edwards of Portland, Ore.; 21-year-old Jacob Schelling of Cypress; 22-year-old Madison Scott of Houston; 21-year-old Adrian Andreescu of Plano; 21-year-old Nikit Shingari of Austin; 21-year-old Nolan Fogleman of Austin; 23-year-old Samuel Parry of Austin; and 27-year-old Brandon Carpenter of Austin. All of the defendants are charged with conspiracy to possess with intent to distribute a controlled substance. Prasad, Daneshjou, Larue and Zarate are also charged with conspiracy to commit money laundering.
The defendants allegedly conspired to distribute LSD, fentanyl and methamphetamine in the Austin metropolitan area and other locations since April 2019 and also allegedly conspired to launder the financial proceeds of unlawful activities.
Search warrants executed yesterday in conjunction with arrest warrants resulted in the seizure of large quantities of fentanyl, Adderall pills, Alprazolam (Xanax), LSD, marijuana and psilocybin (hallucinogenic mushrooms). Investigators also seized several firearms and approximately $100,000 in U.S. currency. Prior to yesterday’s enforcement action, law enforcement officers arrested four other subjects and seized quantities of fentanyl methamphetamine, heroin, cocaine, LSD, MDMA, Benzodiazepine and other opioids during this investigation. Approximately $163,000 in assets and U.S. currency were also seized.
“Make no mistake about it. These are not pills being carefully manufactured and tested by trusted, regulated pharmaceutical companies. During the course of this investigation, two of the targets died from drug overdoses,” said U.S. Attorney Sofer. “When unsuspecting college kids and other drug seekers put these pills in their mouths, they are playing Russian roulette. They are gambling that profit-seeking drug dealers did not place lethal doses of unknown chemicals or fentanyl in these pills.”
“Drug overdose is a leading cause of preventable, injury-related deaths in our nation. This coordinated law enforcement operation dismantled an enterprise responsible for the distribution of counterfeit pharmaceuticals that contained fentanyl and methamphetamine, but were clandestinely manufactured to mimic the prescription pharmaceuticals Oxycodone and Adderall. We caution people to never consume pharmaceuticals unless under licensed medical care and sourced from a licensed pharmacy. A miniscule amount, as small as a couple grains of salt, of some of these illicit drugs can result in death,” said DEA Special Agent in Charge Whipple.
The Austin Tactical Diversion Squad, a law enforcement task force targeting criminal pharmaceutical diversion and counterfeit drug trafficking in Central Texas, conducted this investigation dubbed Operation Spider Web. Partner agencies include DEA, FBI, IRS-CI, Austin Police Department, Travis County Sheriff’s Office, Lakeway Police Department, Cedar Park Police Department and the Texas National Guard Joint Counterdrug Task Force.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said IRS-CI Special Agent in Charge Goss. “Without these ill-gotten gains, the traffickers cannot finance their organizations. By following the money trail, Special Agents with the IRS are able to assist our law enforcement partners with dismantling drug trafficking organizations and those that facilitate their activities.”
“We value the relationship we have with our federal partners, and through our collaborative efforts have removed a significant amount of illegal drugs off the streets of Austin. This has potentially saved many people from the dangers and risks associated with illegal drug use and furthers our mission of keeping Austin residents safe,” stated Austin Police Chief Manley.
“We are honored to serve alongside such professional agencies to combat illicit drug distribution in our various communities. This case is emblematic of the partnerships it takes in today’s times to successfully investigate and prosecute these types of complex crimes,” stated Lakeway Police Chief Radford.
Upon conviction of the drug conspiracy charge, the defendants face between 10 years and life in federal prison. Upon conviction of the money laundering conspiracy charge, the defendants face up to 20 years in federal prison.
Assistant U.S. Attorneys Mark Marshall and Robert Almonte are prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Drug overdose deaths and opioid-involved deaths continue to increase in the U.S. Deaths from drug overdose are up among both men and women, all races and adults of nearly all ages with more than three out of five drug overdose deaths involving an opioid. More than 130 people die every day in the U.S. after overdosing on opioids while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Temple Woman Sentenced to more than 15 Years in Federal Prison for Possessing and Distributing Child PornographyRead the Press Release
In Waco today, a federal judge sentenced 33-year-old Temple, Texas resident Lydia Brynn Christensen to 188 months in federal prison for possessing and distributing images and videos depicting the sexual exploitation of children including those of a female child under the age of two, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Temple Police Chief Shawn Reynolds.
In addition to the prison term, U.S. District Judge Alan Albright ordered that Christensen pay $11,000 in restitution to her victims and be placed on supervised release for a period of 10 years after completing her prison term.
On June 2, 2020, Christensen pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography.
According to court records, authorities executed a federal search warrant at the defendant’s residence on August 30, 2019, based on information they had received about the contents of her cell phone. During the search, authorities seized the phone. A forensic search of the phone revealed the presence of numerous images and videos depicting child pornography, including those of a female child under the age of two engaged in sexually explicit conduct with an adult male. Also, authorities discovered numerous communications on the phone whereby Christensen had solicited, transmitted and received child pornography.
The FBI and the Temple Police Department Special Crimes Unit conducted this investigation. Assistant U.S. Attorney Greg Gloff prosecuted this case on behalf of the government.
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 the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Odessa Pharmacy and Owner to Pay $320,000 in Civil Penalties for Alleged Violations of the Controlled Substances Act and the Combat Methamphetamine Epidemic Act of 2005Read the Press Release
Odessa pharmacy Town & Country Drug, Inc. (Town & Country) and its owner, pharmacist Gary Warren, have entered into a civil settlement with the United States that requires them to pay $320,000 in civil penalties to resolve allegations that they violated certain provisions of the Controlled Substances Act (CSA) and the Combat Methamphetamine Epidemic Act of 2005 (CMEA), announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division.
During a routine inspection of Town & Country in May 2017, DEA Diversion investigators identified significant discrepancies in the pharmacy’s inventory of controlled substances. DEA investigators noted that Town & Country was in violation of numerous regulatory recordkeeping provisions and had sold pseudoephedrine and ephedrine products without self-certifying as required by the Combat Methamphetamine Epidemic Act of 2005 (CMEA). During a follow-up inspection in February 2020, DEA Diversion investigators identified additional discrepancies in the pharmacy’s inventory of controlled substances, determining that Town & Country continued to both violate CSA recordkeeping requirements and sell pseudoephedrine and ephedrine products without self-certifying. These requirements are intended to prevent the diversion of controlled substances for illegal purposes.
The CMEA was signed into law on March 9, 2006 to regulate, among other things, over-the-counter sales of ephedrine, pseudoephedrine, and phenylpropanolamine products, common ingredients in cough, cold, and allergy products. Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training and self-certification of regulated sellers. The CMEA was passed because those drugs are precursor chemicals used in the illicit manufacture of methamphetamine or amphetamine.
“Pharmacies play a vital role in ensuring that opioids and other addictive drugs are not diverted and abused,” said U.S. Attorney Sofer. “This office will use all available tools at our disposal, including civil remedies when appropriate, to detect, prevent, and prosecute violations of federal recordkeeping requirements.”
“Historically, most diversion of legitimate controlled substance occurs at the retail level,” said DEA Special Agent in Charge Williamson. “The DEA will continue to combat the rising tide of prescription abuse in our country by ensuring DEA-registered entities follow all requirements set forth by the law.”
Town & Country has informed the government that it is enhancing its recordkeeping and compliance program in response to the deficiencies identified by the DEA and that it will maintain a current certification under the CMEA.
The DEA’s Diversion Control Unit in El Paso led the investigation of this matter. Assistant U.S. Attorney Thomas Parnham negotiated the settlement on behalf of the government. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.