Western District of Texas

In San Antonio today, a federal judge sentenced 27-year-old Sarah Richford of San Antonio, to 20 years imprisonment in connection with the shooting of a U.S. Mail carrier last year in Spring Branch, TX, announced U.S. Attorney John F. Bash; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.

In addition to the prison term, Chief U.S. District Judge Orlando Garcia ordered that Richford pay $175,405.92 restitution and be placed on supervised release for a period of five years after completing her prison term.

On February 23, 2018, Richford pleaded guilty to five charges including aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, two counts of aiding and abetting assault on a federal officer. 

According to court records, on February 11, 2017, Richford’s co-defendant, 24-year-old Bradley Ahearn, shot a female U.S. Mail carrier as she was delivering mail to a cluster of mailboxes in Spring Branch, TX.  The victim is still recovering from the gunshot that pierced both of her legs.  Ahearn fled the scene in the Mail carrier’s vehicle followed by Richford in a separate vehicle.  

On February 14, 2017, employees of a local motel notified investigators of the presence of a large amount of U.S. Mail and a handgun case in one of the motel rooms.  Much of the discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area.  Motel surveillance footage showed a third co-defendant, 41-year-old Piper Lee, picking up Ahearn and Richford and leaving the motel in Lee’s yellow Volkswagen.  Investigators requested San Antonio police to initiate a stop of the vehicle.  While failing to yield to SAPD officers, Ahearn began shooting at the police officers and another high-speed pursuit ensued.  Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement. 

On February 15, 2017, San Antonio police officers, acting on information provided to investigators, arrested Ahearn, Richford and Lee without incident in a parking lot of a different local motel.

On July 12, 2018, Ahearn was sentenced to 20 years in federal prison after pleading guilty to seven charges including aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, four counts of aiding and abetting assault on a federal officer.

Lee, who remains in federal custody, faces up to 20 years in federal prison.  Sentencing is scheduled for November 1, 2018, before Chief Judge Garcia.

The U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI) investigated this case.  Assistant U.S. Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.

In Del Rio, federal authorities filed a criminal complaint against 48–year-old Honduran National Leivin Pineda for allegedly assaulting a Border Patrol agent over the weekend near Eagle Pass, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.

The criminal complaint alleges that on September 2, 2018, Border Patrol agents observed the defendant, who they believed to be an illegal alien, walking along FM 1907 in Maverick County.  According to the complaint, the agents attempted to approach Pineda, but he fled on foot into the brush.  At several points during the foot chase, Pineda threw softball-sized rocks at a high velocity towards the agents’ heads.  During the pursuit, the agents repeatedly gave verbal commands to stop, but Pineda refused.  The complaint further states that due to Pineda’s actions and that the rocks thrown at the agents could cause serious physical injury or death, a pursuing agent drew his firearm and shot Pineda in the upper chest/left upper arm area in order to neutralize the threat.

Pineda is currently in federal custody following medical treatment and release from a hospital.  A detention hearing is scheduled for 1:00pm on September 11, 2018, before United States Magistrate Judge Victor Roberto Garcia in Del Rio.  Upon conviction, Pineda faces up to 20 years in federal prison on the assault charge. 

The FBI, Department of Homeland Security Office of Inspector General (DHS OIG) and U.S. Customs and Border Protection Office of Professional Responsibility (CBP OPR) are investigating this case.  Assistant United States Attorney Matthew Watters is prosecuting this case on behalf of the Government.

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.

This morning, federal and state authorities arrested 22 individuals for their alleged roles in a narcotics distribution activities in the Waco and Killeen areas, announced United States Attorney John F. Bash; Drug Enforcement Administration Special Agent in Charge Will Glaspy, Houston Division; FBI Special Agent in Charge Christopher Combs; Waco Police Chief Ryan Holt; Killeen Police Chief Charles Kimble; McLennan County Sheriff Parnell McNamara; and Texas Department of Public Safety Director Steven McCraw.

Those arrested today, along with six others who were already in custody, are charged in two separate federal grand jury indictments unsealed today in Waco.

GABRIEL LUNA, et al. INDICTMENT – W18cr259

This indictment charges nine defendants with conspiracy to possess with intent to distribute controlled substances including cocaine, “crack” cocaine or methamphetamine.  Individuals charged in this indictment include:

Name                                                              Age     Residence                   Statutory Maximum Penalty

Gabriel Luna                                                   30        Katy, TX                     10 years to life imprisonment
Samuel Earl Smith                                          44        Killeen                         10 years to life imprisonment
Jomar Kenyatta Bush                                      44        Killeen                         10 years to life imprisonment
Jeffrey Ellis                                                     33        Killeen                         5-40 years imprisonment
Donovan Lafurd Ray Jacobs                           25        Killeen                         5-40 years imprisonment
Joshua Deanthony Bailey                               29        Killeen                         up to 20 years imprisonment
Derrick L. Jacques (aka “Flexx”)                   41        Killeen                         5-40 years imprisonment
Terrell Jefferson                                             32        Killeen                         5-40 years imprisonment
**Leonta Odell Gladden                                30        Killeen                         5-40 years imprisonment

The defendants are all Gangster Disciples members, led by Derrick Jacques, or their associates.  The indictment alleges that these defendants distributed narcotics in Killeen and the surrounding areas since October 2015.  Defendants Luna, Smith, Bush, Ellis and Jacobs allegedly conspired to distribute methamphetamine.  Defendants Luna, Smith, Jacobs and Bailey allegedly conspired to distribute cocaine.  Defendants Smith, Jacques, Jefferson, and Gladden allegedly conspired to distribute “crack” cocaine.

DANIEL LOUIS LOPEZ, et al. INDICTMENT – W18cr257

This indictment charges 19 defendants with conspiracy to possess with intent to distribute methamphetamine.  Individuals charged in this indictment include:

Name                                                  Age     Residence                               Statutory Maximum Penalty

**Daniel Louis Lopez                        38        Waco                                       10 years to life imprisonment
Ruben Ceja-Sanchez                           31        Dallas                                      10 years to life imprisonment
Gary Keith Mahan, Jr.                        37        McGregor, TX                                    10 years to life imprisonment
Michael Trinidad Carbajal                  38        Waco                                       10 years to life imprisonment
**Amy Michelle Tedder                    32        Waco                                       10 years to life imprisonment
Joe Victor Monzon                             35        Waco                                       10 years to life imprisonment
**Ruben Arnold Mondragon              32        Waco                                       10 years to life imprisonment
Patricia Ann Navarro-Eaton               46        Waco                                       5 to 40 years imprisonment
Michael Martinez                                47        Waco                                       5 to 40 years imprisonment
**Cory Allen Kussmaul                     28        Waco                                       5 to 40 years imprisonment
Darnell O’Shea McCoy                      35        Waco                                       5 to 40 years imprisonment
Charlotte Nicole O’Neal                     33        Waco                                       5 to 40 years imprisonment
Augustin Ariel Camacho                    36        Waco                                       5 to 40 years imprisonment
Daniel Alan Tummins                         35        Waco                                       5 to 40 years imprisonment
Francisco Farias, III                           55        Waco                                       5 to 40 years imprisonment
Magan Danielle Shuemake                 29        Waco                                       5 to 40 years imprisonment
Polly Estes                                          42        Waco                                       up to 20 years imprisonment
Stephanie Nicole Davis                      31        Midlothian, TX                       up to 20 years imprisonment
**Trey Allen Cartwright                    36        Waco                                       up to 20 years imprisonment

** Already in custody prior to today

Authorities allege that since May 2017, these defendants were responsible for the distribution of large amounts of methamphetamine throughout the Waco and Central Texas areas. 

In addition to the arrests, these investigations have resulted in the seizure of approximately $16,000 in U.S. Currency, over five pounds of methamphetamine and 22 firearms.

All of the defendants remain in federal custody pending detention hearings expected to occur next week before U.S. Magistrate Judge Jeffrey Manske in Waco. 

The DEA, FBI, U.S. Marshals Service, Texas Department of Public Safety, Waco Police Department, Killeen Police Department and the McLennan County Sheriff’s Office investigated these cases.  Assistant U.S. Attorneys Mark Frazier, Christopher Blanton and Stephanie Smith-Burris are prosecuting these cases on behalf of the Government.

The principal mission of the Organized Crime Drug Enforcement Task Force (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.

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.

In San Antonio today, United States District Judge Xavier Rodriguez sentenced Texas Mexican Mafia (TMM) members Jesse Santibanez and Alfredo Cardona to life in federal prison for their roles in the murder of Balcones Heights Police Officer Julian Pesina in 2014, announced United States Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; and, San Antonio Police Chief William McManus.

In November 6, 2017, a federal jury convicted Santibanez, age 30, and Cardona, age 37, of one count of murder in aid of racketeering and one count of discharging a firearm during a murder in aid of racketeering.  On November 9, 2017, Judge Rodriguez sentenced 38-year-old former TMM Sergeant Jerry Idrogo to 20 years in federal prison after he pleaded guilty to a racketeering conspiracy charge that included Pesina’s murder.  Another TMM member, Ruben Reyes (aka “Menace”), pleaded guilty in July 2016 to similar charges that included this murder and four others.  Reyes is currently serving five consecutive life-imprisonment sentences.

Evidence presented during trial revealed that acting upon an order by Reyes, Santibanez and Cardona murdered Pesina on May 4, 2014, in front of his business, the Notorious Ink Tattoo and Piercing Studio, located on Hillcrest Drive. 

Testimony during trial revealed that Pesina had claimed membership in the TMM, was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned that Pesina was a Balcones Heights Police Officer.  On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop.  Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building.  Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona came around the corner and shot and killed Pesina.

The FBI together with the Texas Department of Public Safety, the San Antonio Police Department and the Bexar County Sheriff’s Office investigated this case.

This morning in Tucson, AZ, FBI agents arrested a local attorney and his assistant for allegedly obstructing justice, tampering with a witness and assisting an offender in avoiding apprehension in a criminal case, announced United States Attorney John F. Bash of the Western District of Texas and FBI Special Agent in Charge Michael DeLeon, Phoenix Field Office.

A federal grand jury indictment unsealed today charges 59-year-old Rafael F. Gallego and his 39-year-old assistant, Ricardo Gallego, with one count of conspiracy to obstruct justice; one count of conspiracy to commit false statements; one substantive count of obstruction of justice; one count of accessory after the fact; and, one count of conspiracy to tamper with a witness.

The indictment alleges that from January 2017 to October 2017, the defendants conspired to corruptly effect the administration of justice in a criminal matter pending in the United States District Court for the District of Arizona.  The indictment alleges that the defendants provided false information to Homeland Security Investigations (HSI) agents, U.S. Customs and Border Protection (CBP) agents and an Assistant U.S. Attorney in the District of Arizona.  The indictment further alleges that the defendants, having knowledge of the commission of a drug trafficking offense, provided assistance to the offender in order to hinder and prevent the offender’s apprehension, trial and punishment.  The indictment also alleges that the defendants conspired to corruptly persuade an individual to provide false information to law enforcement investigators.

Upon conviction, the defendants face up to 20 years in federal prison for witness tampering; up to ten years in federal prison for obstruction of justice; and, up to five years in federal prison for the remaining conspiracy charges. 

The FBI Phoenix Field Office’s Tucson Resident Agency is investigating this case with the assistance of HSI and CBP.  The Pima County Sheriff’s Department assisted with today’s operation.  Assistant U.S. Attorney Daphne Newaz of the Western District of Texas 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 considered innocent until proven guilty in a court of law.

In Midland today, former Presidio County Precinct 3 Commissioner Lorenzo Padilla Hernandez admitted to defrauding the citizens of Presidio County by taking bribes while in office in return for his support and vote on a County contract, announced United States Attorney John F. Bash and FBI Special Agent in Charge Emmerson Buie, Jr., El Paso Division. 

Appearing before United States District Judge David Counts, Hernandez pleaded guilty to one count of conspiracy to commit mail fraud, wire fraud and deprivation of honest services.  By pleading guilty, Hernandez admitted that from August 2015 to June 2017, he conspired to collect approximately $19,800 in bribes from a federal agent acting in an undercover capacity.  In exchange for the money, Hernandez agreed to support and vote on May, 9, 2017, for a Presidio County document management services contract to be awarded to a specific company.

Hernandez faces up to 20 years in federal prison.  He remains on bond pending sentencing scheduled for November 19, 2018, in Pecos, TX.

Hernandez’s co-defendant, 66-year-old Carlos Eduardo Nieto, former Special Projects Coordinator for the City of Presidio and former Presidio Independent School District trustee, is charged by indictment with one count of conspiracy to commit mail and wire fraud and one count of mail fraud and the deprivation of honest services.  Jury selection and trial is scheduled for October 16, 2018, in Pecos before Judge Counts.

The indictment in this case alleges that Nieto also solicited and received $8,300 in bribes for using his position and influence to secure that same contract for that specific company.

Upon conviction, Nieto faces up to 20 years in federal prison.  An indictment is merely a charge and should not be considered as evidence of guilt.  Nieto is presumed innocent until proven guilty in a court of law.

The FBI, with assistance from Homeland Security Investigations (HSI) and the Texas Department of Public Safety Criminal Investigations Division, investigated this case.  Individuals who have first-hand information about corruption, fraud, or bribery related to Presidio County are urged to contact the FBI at (915) 835-5000. 

Assistant United States Attorneys William F. Lewis and Monty Kimball are prosecuting this case on behalf of the Government. 

In El Paso, a federal judge sentenced two brothers to decades in federal prison for their roles in an El Paso-based drug trafficking organization announced United States Attorney John F. Bash; FBI Special Agent in Charge Emmerson Buie, Jr., El Paso Division; and, Special Agent in Charge Kyle W. Williamson, U.S. Drug Enforcement Administration (DEA), El Paso Division. 

During a hearing held yesterday, United States District Judge David C. Guaderrama sentenced 39–year-old Oscar Fierro-Sanchez and 38–year-old Ricardo Fierro-Sanchez to 40 years and 20 years, respectively, in federal prison followed by ten years of supervised release.  Judge Guaderrama also ordered that the defendants forfeit to the Government approximately $7,000 in U.S. Currency, a 2014 Chevrolet Corvette Stingray and their El Paso residences (combined value is approximately $500,000).  Judge Guaderrama also ordered that Oscar Fierro-Sanchez pay a monetary judgment in the amount of $205,000.

In April 2018, the brothers entered guilty pleas.  Oscar Fierro-Sanchez pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance.  Ricardo Fierro-Sanchez pleaded guilty to one count of possession with intent to distribute a controlled substance and one count of maintaining drug involved premises.

By pleading guilty, the brothers admitted that from January 2015 to April 2017, they ran a large-scale drug distribution operation out of their residences that involved hundreds of kilograms of heroin, cocaine and marijuana.

“Combating transnational drug trafficking organizations is one of the top criminal priorities of the El Paso FBI.  This investigation is an outstanding example of joint cooperation between the FBI and the DEA working together to have a positive impact on keeping our communities safer,” said FBI El Paso Special Agent in Charge Buie.

“The sentencing of Oscar and Ricardo Fierro-Sanchez sends a message to all who engage in the distribution of illegal drugs. This case highlights the impact that multiple agencies can have when they join forces to combat this illicit trade by holding those responsible accountable to the community,” said DEA El Paso Division Special Agent in Charge Williamson.

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 and the El Paso County Sheriff’s Office assisted with this investigation.

In El Paso yesterday, United States District Judge David C. Guaderrama sentenced 33–year-old Javier Chanet Navarro to ten years in federal prison on drug trafficking and firearms charges announced United States Attorney John F. Bash; FBI Special Agent in Charge Emmerson Buie, Jr., El Paso Division; and, Special Agent in Charge Kyle W. Williamson, U.S. Drug Enforcement Administration (DEA), El Paso Division. 

On March 6, 2018, Navarro pleaded guilty to a four-count Information charging him with two counts of conspiracy to distribute and controlled substance, one count of use of a firearm during a drug trafficking crime, and one count of being a convicted felon in possession of a firearm.

According to court records, from June 2015 to September 2017, Navarro and others conspired to distribute more than 1,000 kilograms of marijuana.  They also conspired in September 2017 to distribute more than five kilograms of cocaine.  Authorities arrested Navarro on September 22, 2017.  Subsequently, authorities discovered a .45 caliber pistol and 26 kilograms of cocaine on Navarro’s property.  Navarro’s criminal history includes a 2006 felony conviction in El Paso County for possession of marijuana.

“Crime doesn't stop at international borders, as such, the FBI works closely with our law enforcement partners to have a positive impact at our local level.  This sends a strong and unified message that drug trafficking, at all levels, will not be tolerated,” stated FBI El Paso Division Special Agent in Charge Buie. 

“The sentencing of Chanet Navarro exemplifies the commitment of law enforcement's battle against drug trafficking organizations throughout the world,” said DEA El Paso Division Special Agent in Charge Williamson.

This sentence is the result of 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.  Homeland Security Investigations (HSI), U.S. Border Patrol, U.S. Customs and Border Protection and the El Paso Police Department assisted with this investigation.

In Midland today, a federal judge sentenced Markinson Auguste, owner of YeYe Tax and Multi Services in Odessa, to two years in federal prison for a scheme to defraud the Internal Revenue Service (IRS), announced United States Attorney John F. Bash and IRS-Criminal Investigation Special Agent in Charge Richard D. Goss, Houston Field Office.

In addition to the prison term, United States District Judge David Counts ordered Auguste to pay a $10,000 fine and restitution in the amount of $251,942 to the IRS.    

On April 23, 2018, Auguste pleaded guilty to one count of aiding or assisting in the preparation of a fraudulent federal income tax return.  By pleading guilty, Auguste admitted to preparing hundreds of fraudulent tax returns from 2012 and 2016.  According to court records, Auguste’s scheme involved adding just enough false income to the lower income tax returns he prepared for his clients, so that those clients would qualify for higher amounts of earned income tax credit.  Auguste benefited through both the tax preparation fees as well as receiving a portion of the fraudulent refunds as a kickback.  Auguste also claimed unauthorized dependents on other fraudulent tax returns in order to increase tax refunds, and then directed those tax refunds into bank accounts that he controlled.  

IRS-Criminal Investigation agents investigated this case.  Assistant United States Attorney Glenn Harwood prosecuted this case on behalf of the Government. 

WASHINGTON – A Jordanian national residing in Monterrey, Mexico was arrested Saturday on arrival at JFK International Airport to face a criminal complaint issued in the Western District of Texas for his role in a scheme to smuggle special interest aliens from Mexico into the United States. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash of the Western District of Texas and Special Agent in Charge Shane M. Folden of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) San Antonio made the announcement.

On May 29, an arrest warrant was issued pursuant to a criminal complaint, which alleges that in the later half of 2017, Moayad Heider Mohammad Aldairi, 31, conspired with others to smuggle six Yemeni nationals across the Texas border and into the United States in exchange for a fee.  

Aldairi was presented today before U.S. Magistrate Judge Marilyn D. Go in the Eastern District of New York for his initial appearance.  At the hearing, Judge Go ordered that Aldairi be held pending transfer to the Western District of Texas for further criminal proceedings.

“Aldairi allegedly smuggled six Yemeni citizens across the Mexican border and into the United States,” said Assistant Attorney General Benczkowski.  “Alien smuggling puts our national security at risk, and the Criminal Division is dedicated to enforcing our immigration laws and disrupting the flow of illegal aliens into the United States.”

“The arrest of Aldairi showcases HSI’s unique ability to coordinate investigative efforts across international boundaries with multiple countries and different agencies throughout the U.S. Government,” said HSI Special Agent in Charge Folden.  “Attacking the leader/organizers of illicit international pathways for aliens from certain countries of interest will always be a priority of HSI.”

This case is being investigated by HSI Eagle Pass, with assistance from HSI New York, HSI Jordan and the U.S. Embassy of Jordan.  The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI.  The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns.  ECT has dedicated investigative, intelligence and prosecutorial resources.  ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

This case is being prosecuted by Trial Attorney James Hepburn of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Matthew Watters of the Western District of Texas.

The charges contained in the complaint are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

In Austin today, a federal judge sentenced 42-year-old Nigerian National and Canadian resident Ochuko Sylvester Eruotor to 168 months in federal prison for his leadership role in multi-million dollar fraud and money laundering schemes, announced United States Attorney John F. Bash and Special Agent in Charge Shane M. Folden, Homeland Security Investigations (HSI), San Antonio Division; Special Agent in Charge Richard D. Goss, Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; and, Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service (USPIS), Houston Division.

In addition to the prison term, United States District Judge Sam Sparks ordered Eruotor to pay restitution in the amount of $1,672,805.51 and be placed under supervised release for a period of three years after completing his prison term.

“If you are a foreign national contemplating defrauding vulnerable Americans from abroad, know this:  We will identify you, find you, bring you here, prosecute you, and punish you.  Your location abroad will not save you,” said U.S. Attorney John F. Bash.

In December 2017, Eruotor was extradited from Germany to the United States after being arrested with assistance from Interpol. On February 1, 2018, Eruotor pleaded guilty to one count of conspiracy to commit money laundering in furtherance of the fraudulent schemes. 

Court documents showed that this investigation targeted a money laundering network that laundered the proceeds of various fraud schemes perpetrated against U.S. victims by scammers based in Canada, Nigeria, and the United States. The schemes included: “grandson-in-jail” frauds over the phone targeting elderly victims; fake investment scams; business email compromise scams; Stolen Identity Refund Fraud (SIRF) tax filing scams; and, romance victim scams.

The money launderers opened bank accounts, sometimes using fraudulent passports in false names, or hired others to open bank accounts in order to facilitate their scheme. Those U.S.-based bank accounts would receive the fraudulently obtained funds from the victims. The U.S.-based conspirators quickly withdrew the money from the bank accounts with a portion of the fraud proceeds kept as a fee. Then the remainder of the funds were sent to Canada or Nigeria. To date, law enforcement has identified in excess of $3.5 million dollars of fraud proceeds from hundreds of victims laundered by the conspiracy.

“Financial crimes and identity theft have a devastating effect on the victims and our financial institutions. HSI and its enforcement partners will continue to do everything possible to stop this kind of fraud,” said Shane Folden, Special Agent in Charge for HSI San Antonio. “The defendant exploited people for his own personal gain.”

“The Postal Inspection Service takes it very seriously when the U.S. Mail is used to defraud innocent American citizens, especially our elderly. The sentence handed down today is the result of our ongoing mission to prosecute those who commit these types of fraud schemes. We would like to thank all of the other agencies that worked so diligently to bring justice to the victims of this criminal enterprise,” said USPIS Inspector in Charge Adrian Gonzalez.

Eruotor is the eighth defendant to be convicted and sentenced to federal prison as a result of this investigation.  Other prison terms handed down range from ten months to 108 months.

Agents with HSI, IRS-CI, and UPSIS investigated this case.  The U.S. Marshals Service and D.O.J.’s Office of International Affairs provided valuable assistance with respect to the extradition.  Assistant U.S. Attorney Michael C. Galdo prosecuted this case on behalf of the Government. 

In San Antonio today, two former detention officers at the Bexar County Adult Detention Center (BCADC) face federal charges for their alleged scheme to smuggle methamphetamine to inmates, announced United States Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Bexar County Sheriff Javier Salazar.

A four count federal grand jury indictment unsealed today charges 29–year-old Gabriel Robert Ortiz and 26–year-old Ruben Hernandez with one count of conspiracy to possess with intent to distribute methamphetamine.  Ortiz is also charged with three substantive counts of attempted possession with intent to distribute methamphetamine.  Hernandez is also charged with one substantive count of attempted possession with intent to distribute methamphetamine

The indictment alleges that the defendants carried out their alleged scheme from May 4, 2018, until June 22, 2018.

Upon conviction, the defendants face up to 20 years in federal prison. 

The FBI and the Bexar County Sheriff’s Office is investigating this case.  Assistant United States Attorney Greg Surovic is 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

In San Antonio today, 41-year-old Piper Lee of San Antonio, pleaded guilty to federal charges in connection with the shooting of a U.S. Mail carrier last year in Spring Branch, TX, announced United States Attorney John F. Bash; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.

Appearing before United States Magistrate Judge Richard B. Farrer, Lee pleaded guilty to two counts of aiding and abetting the assault of a federal officer and one count of possession of stolen mail.  Lee, who remains in federal custody, faces up to 20 years in federal prison.  Sentencing is scheduled for November 1, 2018, before Chief United States District Judge Orlando Garcia.

According to court records, on February 11, 2017, Lee’s co-defendant, 24-year-old Bradley Ahearn, shot a shot a female U.S. Mail carrier as she was delivering mail to a cluster of mailboxes in Spring Branch, TX.  The victim is still recovering from the gunshot that pierced both of her legs.  Ahearn and another co-defendant, 27-year-old Sarah Richford, fled the scene.  Lee was not charged with participating in that shooting.

On February 14, 2017, employees of a local motel notified investigators of the presence of a large amount of U.S. Mail and a handgun case in one of the motel rooms.  Much of the discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area.  Motel surveillance footage showed Lee picking up Ahearn and Richford and leaving the motel in Lee’s yellow Volkswagen.  Investigators requested San Antonio police to initiate a stop of the vehicle.  While failing to yield to SAPD officers, Ahearn began shooting at the police officers and another high-speed pursuit ensued.  Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement. 

On February 15, 2017, San Antonio police officers, acting on information provided to investigators, arrested Ahearn, Richford and Lee without incident in a parking lot of a different local motel.

Richford, who remains in federal custody, is scheduled to be sentenced on September 6, 2018.  She faces 20 years in federal prison after pleading guilty on February 23, 2018, to five charges--aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, two counts of aiding and abetting assault on a federal officer. 

On July 12, 2018, Ahearn was sentenced to 20 years in federal prison after pleading guilty to seven charges including aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, four counts of aiding and abetting assault on a federal officer.

The U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI) investigated this case.  Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.

In Waco today, a federal jury convicted 38-year-old Juan Francisco “Kiko” Trevino Chavez, nephew of Los Zetas leaders Miguel Angel Trevino Morales (Z-40) and Oscar Omar Trevino Morales (Z-42), of drug trafficking, firearms and money laundering charges, announced United States Attorney John F. Bash; Special Agent in Charge Shane Folden, Homeland Security Investigations, San Antonio Division; Acting Special Agent in Charge Richard Goss, Internal Revenue Service—Criminal Investigations, San Antonio Division; Special Agent in Charge Will Glaspy, Drug Enforcement Administration, Houston Division; Special Agent in Charge Fred Milanowski, Bureau of Alcohol, Tobacco, Firearms & Explosives—Houston Division; and, Special Agent in Charge Christopher Combs, Federal Bureau of Investigation, San Antonio Division.

Jurors convicted the defendant on one count each of conspiracy to possess marijuana with intent to distribute,conspiracy to import marijuana, unlawful distribution of controlled substances (extra-territorial), conspiracy to possess cocaine with intent to distribute, conspiracy to import cocaine, conspiracy to possess firearms in furtherance of drug trafficking, and conspiracy to commit money laundering.

Evidence presented at trial revealed that from 2004 until September 2016, the defendant was a member of the Los Zetas, a transnational drug trafficking organization operating primarily in the Mexican corridors of Nuevo Laredo, Tamaulipas, Ciudad Acuna and Piedras Negras, Coahuila. Evidence further revealed that Kiko Trevino met with and conspired with the highest level operatives in the criminal organization, including his uncles, Z-40 and Z-42. Evidence also revealed that Kiko Trevino organized the source and distribution of large quantities of narcotics, laundered drug proceeds, and controlled cells of traffickers and a group of armed sicarios in the Nueva Laredo area. The trial evidence showed the Defendant participated in the trafficking of more than 250,000 kilos of cocaine, hundreds of thousands of kilos of marijuana, and 800 firearms. The evidence further described the laundering of hundreds of millions of dollars in drug proceeds. Finally, trial testimony revealed that after his uncles’ arrests, Los Zetas splintered into two groups and Kiko Trevino took over leadership of one of those two groups, the Cartel Del Noreste (CDN), and in this role controlled all of the drug and firearm trafficking, enforcement, and money laundering operations of CDN. Trevino continued in this leadership role until his arrest in 2016.

Kiko Trevino has remained in federal custody since his arrest in Baytown, TX, on September 28, 2016. He faces up to life in federal prison. The date for sentencing has not yet been set. U.S. District Judge Alia Moses in Waco will announce a date for sentencing at a later date.

These federal and state charges resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by Homeland Security Investigations, Internal Revenue Service—Criminal Investigations, the Drug Enforcement Administration—HIDTA Group, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the United States Marshals Service, the Texas Rangers, the Texas Department of Public Safety, the Irving Police Department, the Waco Police Department, the Laredo Police Department, and the Leon Valley Police Department. The United States Border Patrol, Customs and Border Protection—Office of Enforcement Operations, and the Natalia Police Department also provided support in this case.

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.

In Del Rio today, a federal grand jury indicted five (5) individuals, including 20–year-old Jorge Luis Monsivais, Jr., of Eagle Pass, TX, for their roles in a smuggling scheme that resulted in the deaths of five (5) illegal aliens, announced United States Attorney John F. Bash, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, U.S. Border Patrol Del Rio Sector Chief Patrol Agent Felix Chavez and Dimmit County Sheriff Marion Boyd.

The six-count indictment charges Monsivais, 55-year-old Mexican citizen Marcial Gomez Santana; and occupants, 45-year-old Mexican citizen Mariela Reyna; Marcial’s son, 21-year-old Rudy Gomez of Hockley, TX; and, Marcial’s daughter, 19-year-old Johana Gomez of Houston, TX, with one count of conspiracy to transport illegal aliens resulting in death, one count of conspiracy to transport and harbor illegal aliens resulting in serious bodily injury, and one count of conspiracy to harbor illegal aliens.  The indictment also charges Monsivais with one substantive count of transportation of illegal aliens resulting in death and one substantive count of transportation of illegal aliens resulting in serious bodily injury.  The indictment also charges Santana, Reyna, Rudy and Johana Gomez with one count of harboring illegal aliens for private financial gain.

All five charged in the indictment remain in custody.  Upon conviction, the defendants face up to life imprisonment or death, a $250,000 fine, and five years of supervised release. 

On June 17, 2018, U.S. Border Patrol agents initiated immigration inspections on three vehicles traveling in a convoy on FM 2644 between El Indio, TX and Carrizo Springs, TX.  Monsivais led Border Patrol agents and Dimmit County Sheriff’s deputies on a high speed chase.  While traveling east bound on Highway 85, Monsivais crashed as he entered the town of Big Wells, TX.  Of 13 illegal aliens traveling with Monsivais at the time of the crash, four of them died at the scene and nine were transported to a hospital for medical care.  One died on the way to the hospital.  U.S. Border Patrol agents detained a total of 23 illegal aliens involved in this scheme--21 Mexican nationals and two (2) Honduran nationals. 

The U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is leading this investigation together with the U.S. Customs and Border Protection’s Border Patrol—Del Rio Sector and the Dimmit County Sheriff’s Office.  Assistant United States Attorney Paul Harle 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 considered innocent until proven guilty in a court of law.

The Fifth Circuit Court of Appeals has affirmed a four-year federal prison sentence handed down in June 2017 to 50-year-old investment counselor Charles Augustus Banks, IV, an executive with Gameday Entertainment, LLC (Gameday), for defrauding a San Antonio victim of millions of dollars announced U.S. Attorney John F. Bash. 

In an unpublished opinion (No. 17-50654) filed yesterday, the Court affirmed the district court’s actual-loss calculation of $13.5 million and upheld the district court’s application of a sentencing enhancement because Banks’ scheme derived more than $1 million in gross receipts from one or more financial institutions. 

On June 28, 2017, United States District Judge Fred Biery sentenced Banks to four years in federal prison.  He also ordered Banks to pay $7.5 million in restitution.  After sentencing, Banks filed an appeal of the sentence.  Since then, the government has recovered full restitution on behalf of the victim in this case.

“I am very pleased that our prosecutors and appellate team were able to obtain justice and restitution for the victim in this case,” said U.S. Attorney Bash.

According to court records, Banks encouraged the victim to loan $7.5 million to Gameday in 2012.  Subsequently, Banks encouraged the victim to personally guarantee another $6 million loan made to Gameday by Comerica Bank in 2013.  During this time frame, Banks was Chairman of the Board of Gameday and personally benefitted, in the form of millions of dollars in loans and commissions, from the proceeds of these loans made to Gameday. 

On April 3, 2017, Banks pleaded guilty to one count of wire fraud.  By pleading guilty, Banks admittedly manipulated the victim into guaranteeing Gameday’s $6 million debt by misrepresenting the true nature of the transaction.  Furthermore, Banks failed to fully disclose the commissions, payments and loans he was receiving from Gameday that were specifically tied to these transactions.  On June 26, 2013, Banks also caused two pages relating to the $6M loan guarantee and subordination agreements, which contained his victim’s signature, to be faxed from San Antonio to Bank’s employees in California and Comerica bank employees in California.

The FBI conducted this investigation.  Assistant United States Attorney Gregory J. Surovic and Tom Moore prosecuted this case on behalf of the Government.  Assistant United States Attorneys Elizabeth Berenguer and Joseph Gay handled the appeal.   

In Austin today, a federal judge sentenced 34–year-old Nigerian National Kingsley Otuya to 135 months in federal prison for a million dollar plus fraud and money laundering scheme involving romance scams announced United States Attorney John F. Bash and Special Agent in Charge Shane M. Folden, Homeland Security Investigations (HSI), San Antonio Division.

In addition to the prison term, United States District Judge Robert Pitman ordered Otuya to pay restitution in the amount of $966,617.31 and be placed under supervised release for a period of three years after completing his prison term.    

“This case brutally illustrates how fraud schemes hurt victims not only financially but also emotionally,” said U.S. Attorney John F. Bash.  “We will remain steadfast in our efforts to protect Americans from transnational criminal conspiracies.”

In April 2018, Otuya pleaded guilty to one count of conspiracy to commit money laundering.  According to court records, authorities began investigating Otuya as part of a series of investigations based in Austin into the activities of West African Fraud Schemes.  In Otuya’s case, the funds were primarily derived from romance and investment fraud schemes.  The conspiracy scammed American citizens out of over $1 million.  Otuya acted as a “catcher,” one of the individuals responsible for quickly withdrawing fraudulently obtained funds from bank accounts where the victims deposited their funds.  Otuya used fake passports to open nine different bank accounts in false names in Austin and often structured his withdrawals to amounts under $10,000 so as to avoid bank reporting requirements.  Otuya would then send the money to coconspirators before the victim attempted to recover their funds.  Otuya was paid a fee for the fraud proceeds that flowed through his accounts.  Court records indicated that multiple victims faced serious financial hardship as a result of these schemes and that one of the victims who sent money to Otuya took her own life after losing hundreds of thousands of dollars and being emotionally devastated by a romance scam. Court records indicate that Otuya faces likely deportation back to Nigeria as a result of this conviction.

“Today’s sentence shows how aggressively HSI investigates financial crimes, and its commitment to bring to justice those who perpetrate them,” said Special Agent in Charge Folden. “The people behind these transnational fraud schemes robbed people of more than $1 million, and our special agents are committed to protect the public and the integrity of our financial system.”

HSI agents conducted this investigation along with assistance from Immigration and Customs Enforcement (ICE)--Enforcement and Removal Operations (ERO), United States Postal Inspection Service (USPIS) and U.S. State Department Diplomatic Security Service (DSS).  Assistant United States Attorney Michael C. Galdo prosecuted this case on behalf of the Government. 

In San Antonio today, a federal judge sentenced 24-year-old Bradley Ahearn to 20 years in federal prison for shooting a U.S. Mail carrier last year in Spring Branch, TX, announced United States Attorney John F. Bash; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.

In addition to the prison term, Chief United States District Judge Orlando Garcia ordered that Ahearn pay $13,540.88 in restitution and be placed on supervised release for a period of five years after completing his prison term.

On February 22, 2018, Ahearn pleaded guilty to seven a total of seven federal charges including aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, four counts of aiding and abetting assault on a federal officer.

By pleading guilty, Ahearn admitted that on February 11, 2017, he shot a female U.S. Mail carrier as she was delivering mail to a cluster of mailboxes in Spring Branch, TX, because the victim would not give him her cell phone.  The victim is still recovering from the gunshot that pierced both of her legs.  Ahearn left the scene in the victim’s pickup truck while it still contained the victim’s purse and personal effects as well as a considerable amount of U.S. Mail.  According to court records, Ahearn’s co-defendant, 27-year-old Sarah Richford, followed Ahearn in a maroon/brown colored Toyota Venza as he left the scene. 

Two days after the shooting, a U.S. Postal Inspector spotted the Toyota Venza at a restaurant near the location of the shooting.  The Postal Inspector attempted to initiate an investigative stop, but was unsuccessful as Ahearn fired a handgun in the direction of the federal officer.   Ahearn admitted to firing his weapon at the U.S. Postal Inspector and another federal agent during a subsequent 19-mile-long, high-speed pursuit.  Ahearn and Richford managed to avoid capture.

According to court records, on February 14, 2017, employees of a local motel notified investigators of the presence of a large amount of U.S. Mail and a handgun case in one of the motel rooms.  Much of the discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area.  That same day, not far from the motel, investigators recovered the abandoned Toyota Venza.  From motel surveillance footage, investigators discovered Ahearn, Richford and 41-year-old Piper Lee leave the motel in Lee’s yellow Volkswagen and requested San Antonio police to initiate a stop of the vehicle.  While failing to yield to SAPD officers, Ahearn began shooting at the police officers and another high-speed pursuit ensued.  Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement. 

On February 15, 2017, San Antonio police officers, acting on information provided to investigators, arrested Ahearn, Richford and Lee without incident in a parking lot of a different local motel.

Richford, who remains in federal custody, is scheduled to be sentenced on September 6, 2018.  She faces 20 years in federal prison after pleading guilty on February 23, 2018, to five charges--aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, two counts of aiding and abetting assault on a federal officer. 

Lee, who also remains in federal custody, is charged with two counts of aiding and abetting the assault of a federal officer; one count of aiding and abetting use of a firearm during a crime of violence; and, one count of possession of stolen mail.  He is currently set for jury selection on August 20, 2018, before Chief U.S. District Judge Orlando L. Garcia.

It is important to note that an indictment is merely a charge and should not be evidence of guilt.  A defendant is considered innocent until proven guilty in a court of law.

The U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI) investigated this case.  Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.

Federal and state authorities arrested 34-year-old Lukman Shina Aminu in Manchester, NH, today for his alleged scheme to launder thousands of dollars from multiple fraudulent schemes, including thousands stolen from former Texas state employees retirement plans, announced United States Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Texas Department of Public Safety Director Steven McCraw.

A federal complaint unsealed in Austin today charges Aminu with one count of conspiracy to commit money laundering.  The complaint alleges that beginning in June 2017, personally identifiable information (PII) from state employees was used to make changes to their accounts in the Employees Retirement System of Texas internet portal.   Bank deposit information on file in the system was changed which re-routed retirement payments to a debit card Aminu controlled.  Aminu then used the debit card for cash withdrawals and to purchase money orders which were used for personal expenses and to purchase used vehicles to be shipped overseas to Nigeria and Benin for resale.  The complaint also alleges that Aminu received multiple transfers from victims of other schemes on other debit cards that had been opened using their PII.  The complaint states that this scheme involving used car purchases and shipments is a common way for perpetrators of fraud in the United States to send money back to Nigeria (in the value of the shipped car), while simultaneously laundering the funds or “cleaning the money” to make the money appear as legitimate income.

Aminu remains in federal custody following his arrest.  He is awaiting a detention hearing in the District of New Hampshire and a subsequent transfer to the Austin Division of the Western District of Texas.  Upon conviction, Aminu faces up to 20 years in federal prison. 

This criminal complaint resulted from a continuing investigation by the FBI and the Texas Department of Public Safety – Public Integrity Unit.  Assistant United States Attorney Michael Galdo is prosecuting this case on behalf of the Government.

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.

In El Paso today, a federal grand jury indicted 31-year-old Jacob Salgado, owner of Canutillo Gun Shop, for scheme to sell firearms and ammunition to prohibited persons, announced United States Attorney John F. Bash and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division.

The eight-count indictment charges Salgado with two counts of sale of firearms or ammunition to a prohibited person, two counts of aiding and abetting the possession of firearms or ammunition by a felon, two counts of aiding and abetting providing false information on Federal Firearms Licensee (FFL) records, and two counts of failure to keep proper records as a FFL.

The indictment alleges that on two occasions--May 29, 2018, and June 11, 2018--Salgado knowingly aided a firearms purchaser in making a false declaration on ATF Form 4473 that he was buying a gun for himself, when Salgado knew the buyer was making the purchase on behalf of someone else and too, that Salgado failed to note the actual buyer’s name in his required FFL records.  The indictment further alleges that in June 2018, Salgado sold two handguns and transferred approximately 500 rounds of ammunition to a customer he had reasonable cause to suspect was a convicted felon, and aided another individual’s sale of a firearm to a convicted felon, thus enabling the felon to possess firearms and ammunition. 

Salgado is currently on bond following his arrest last month.  The Canutillo Gun Shop is no longer an FFL meaning individuals are prohibited from purchasing firearms from the business or having firearms shipped to the business for pick up.

Upon conviction, Salgado faces up to ten years in federal prison for sale of firearms to a prohibited person; up to ten years imprisonment for aiding and abetting the possession of firearms or ammunition by a felon; up to five years imprisonment for aiding and abetting providing false information on Federal Firearms Licensee (FFL) records; and, up to ten years imprisonment for failure to keep proper records as a FFL.

The ATF is investigating this case.  Assistant United States Attorney Mallory Rasmussen 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 presumed innocent until proven guilty in a court of law.

In San Antonio, a federal grand jury returned an indictment charging three individuals for allegedly defacing the San Antonio Mission National Historical Park Visitor’s Center last month, announced United States Attorney John F. Bash, San Antonio Missions National Historical Park Superintendent Mardi Arce and San Antonio Police Chief William McManus.

The indictment charges 20-year-old Gabriella Petra Fritz, 21-year-old Sydney Elizabeth Faris and 19-year-old Andres Castaneda with one count of depredation of Government property.  The indictment alleges that from June 21-22, 2018, the defendants willfully used spray paint to deface the Visitor’s Center at Mission San Jose and signage resulting in damages exceeding $1,000.

The defendants face up to ten years in federal prison upon conviction.  No court dates have been scheduled. 

The National Park Service and the San Antonio Police Department conducted this investigation.  Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government in coordination with the Bexar County District Attorney’s Office concerning damage to both federal and non-federal property (Mission San Juan).

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.

In San Antonio, 40-year-old Crips East Terrance Gangstas ringleader Alvin Clark (aka “Ray Ray”) and two other gang members face additional federal charges stemming from their arrests last November on a federal “crack” cocaine distribution conspiracy charge, announced United States Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs and San Antonio Police Chief William McManus.

Today, the federal grand jury returned separate indictments against Clark, 35-year-old James Bilal Ali and 21-year-old Dai’Vonte E’Shaun Titus Ross.  Clark and Ali are charged with one count of being a convicted felon in possession of a firearm.  Ross is charged with one count of possession with intent to distribute “crack” cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime.

On November 17, 2017, federal and state authorities arrested the trio based on a separate federal indictment alleging their involvement in a “crack” cocaine distribution conspiracy.  According to the indictments returned today, Clark was in possession of a 12 gauge shotgun and a 9mm pistol while Ali was in possession of a 9mm pistol at the time of their arrests.  At the same time, authorities discovered that Ross was in possession of 28 grams of “crack” cocaine as well as a 9mm pistol, a .45 pistol, a .22 rifle and a 12 gauge shotgun.

Clark and Ali face up to ten years in federal prison upon conviction of the firearm charge.  Ross faces between five and 40 years in federal prison on the drug charge and no less than five years in federal prison on the firearms charge. 

Each defendant remains in custody and is awaiting trial on the federal drug conspiracy charge (SA17cr874) scheduled for July 30, 2018.  Upon conviction of that charge, the defendants face between ten years and life in federal prison. 

This investigation, conducted by the Federal Bureau of Investigation and the San Antonio Police Department, focuses on drug trafficking and violent crime occurring on the city’s Eastside. 

Assistant United States Attorney Sarah Wannarka 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.

Alleged Sinaloa Cartel member Arturo Lozano-Mendez aka “Garza” is in federal custody following his extradition from Mexico to the United States yesterday afternoon.  Lozano made his initial appearance in federal court in El Paso this afternoon.

The announcement was made by U.S. Attorney John F. Bash for the Western District of Texas; Special Agent in Charge Kyle W. Williamson of the Drug Enforcement Administration (DEA), El Paso Division; Special Agent in Charge Emmerson Buie, Jr., of the FBI, El Paso Division; and Special Agent in Charge Jeffrey C. Boshek, II, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Dallas Division.

Lozano, age 47, is one of two dozen alleged high-ranking Sinaloa Cartel leaders, including Joaquin Guzman Loera aka “El Chapo” and Ismael Zambada Garcia aka “Mayo”, indicted in April 2012 on federal racketeering charges in the Western District of Texas.   According to the indictment, Lozano was in charge of Sinaloa Cartel warehouses in Juarez.

“The extradition of Arturo Lozano-Mendez shows that Mexico’s continued cooperation in targeting significant drug traffickers is critical to our mutual efforts to protect the public from the negative impact of the drug trade,” stated DEA Special Agent in Charge Williamson.  “DEA will continue to vigorously pursue drug traffickers and corrupt public officials who threaten the safety of our local communities and U.S. national security and continue to bring alleged cartel leaders to justice - on both sides of the border.”

“The FBI will continue to aggressively pursue transnational criminal organizations that have posed a threat to the U.S. national security, to include the corrupt public servants who are either members or in positions of leadership in the Sinaloa Cartel, who use their position to further the illicit activity of that organization,” said FBI Special Agent in Charge Buie. “The FBI is committed to upholding the rule of law and investigating those involved in criminal activity affecting our local communities.”

“The federal charges, arrests and extraditions associated with this investigation demonstrate our committed and ongoing partnership against transnational criminal organizations,” stated ATF Special Agent in Charge Jeffrey C. Boshek, II.

Lozano is charged with one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO conspiracy), one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to import into the United States five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to commit money laundering offenses and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.

Twenty (20) defendants, including Lozano, remain under indictment in this case.  Trial is scheduled for November 2018.  Upon conviction, Lozano faces up to life in federal prison.

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

The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The U.S. Department of Justice thanks the Government of Mexico for its assistance in this case.

The DEA, FBI, and ATF, together with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), U.S. Border Patrol, U.S. Customs and Border Protection (CBP), U.S. Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case.    The Justice Department’s Office of International Affairs provided significant assistance in the extradition.  The case is being prosecuted by Assistant U.S. Attorneys of the Western District of Texas.

In San Antonio this morning, 36–year-old Gerardo Javier Carreon of Laredo, TX, pleaded guilty to transporting illegal aliens, announced United States Attorney John F. Bash and U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.

Appearing before United States District Judge Fred Biery, Carreon pleaded guilty to one count of conspiracy to transport illegal aliens.  On June 12, 2018, authorities responding to a scene in the area of Loop 410 and Broadway discovered over 50 illegal aliens in and around a semi-tractor trailer driven by Carreon. 

Carreon, who remains in federal custody, faces up to ten years in federal prison.  Sentencing is scheduled for October 5, 2018.

The U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is investigating this case.  This investigation continues.  Assistant United States Attorney Matt Lathrop is prosecuting this case on behalf of the Government.

In Del Rio today, U.S. District Judge Alia Moses sentenced Ricardo Lopez, the former Mayor of Crystal City, TX, to 97 months in federal prison followed by three years of supervised release and to pay $24,003.95___ restitution, announced United States Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs.

“Today Mr. Lopez received a fair sentence for his betrayal of the public trust.  This case is just one example of our office’s unyielding fight against public corruption in Central and West Texas,” stated U.S. Attorney Bash.

“Citizens deserve honest and faithful service from their public officials. Greed and self-interest have no place in public service.  Officials who betray the public and violate their oath of office will be thoroughly investigated and held accountable,” said FBI SAC Combs.

On June 26, 2017, a federal jury convicted Lopez of one count of conspiracy to commit bribery involving federal programs, one substantive count of bribery involving federal programs, one count of conspiracy to commit wire fraud and theft of honest services and four substantive counts of wire fraud and theft of honest services.  Jurors also convicted William James Jonas, III, the former City Manager and City Attorney for Crystal City, of one count of conspiracy to commit bribery involving federal programs, three substantive counts of bribery involving federal programs, one count of conspiracy to commit wire fraud and theft of honest services, five substantive counts of wire fraud and theft of honest services, and four counts of wire fraud. 

Testimony provided during trial revealed that between May 2012 and February 2016, Jonas, Lopez, and other city officials used their official positions to enrich themselves by soliciting and accepting bribes from persons seeking to do business in Crystal City.  Jonas and Lopez also used emails, texts and phone calls to carry out their scheme to defraud Crystal City and its citizens through bribery and the concealment of information. 

On May 16, 2018, Judge Moses sentenced Jonas to 420 months in federal prison followed by three years of supervised release.  Judge Moses also ordered that Jonas pay $1,047,814.05 restitution to Crystal City.  Three other individuals—former Mayor Pro-Tem Rogelio Mata, former City Councilman Roel Mata and former City Councilman Gilbert Urrabazo—have pleaded guilty to a federal programs bribery charge and face up to ten years in federal prison and up to a $250,000 fine.  Sentencing for all three former city officials is scheduled for September 6, 2018, in Del Rio before Judge Moses. 

The FBI conducted this investigation with the assistance of the Texas Department of Public Safety Criminal Investigative Division, the Texas Rangers and the San Antonio Police Department.  Assistant United States Attorney William R. Harris is prosecuting this case on behalf of the Government.

In Austin today, Nermin Awad El-Hadik, 42-year-old owner of Hope Pharmacy, Inc., in Houston, was sentenced to five years in federal prison for paying kickbacks in a health care fraud scheme.

That announcement was made by United States Attorney John F. Bash; Special Agent in Charge Christopher Cave, U.S. Postal Service Office of Inspector General (USPS OIG), Southern Area Field Office; Special Agent in Charge Steven Grell, Department of Labor Office of Inspector General (DOL OIG), Dallas Region; and, Special Agent in Charge Christopher Combs, Federal Bureau of Investigation (FBI), San Antonio Division.

In addition to the prison term, United States District Judge Sam Sparks ordered that the defendant pay $5,334,303.04 restitution to the DOL and be placed on supervised release for a period of three years after completing her prison term.

“The sentence imposed today should send a clear message that these crimes will not be tolerated,” said USPS OIG Special Agent in Charge Cave.  “The USPS Office of Inspector General, along with our law enforcement partners, will continue to aggressively pursue these investigations in order to ensure the protection of the Postal Service and federal benefits programs.” 

“Nermin Awad El-Hadik fraudulently paid more than $5.3 million to a medical provider in a kickback scheme in exchange for referrals of injured employees covered by the DOL Federal Employees’ Compensation Act.  We will continue to work with our law enforcement partners and DOL’s Office of Workers’ Compensation Programs to protect the integrity of DOL benefits programs,” said DOL OIG Special Agent in Charge Grell.

“Rooting out health care fraud is central to the well-being of both our citizens and the overall economy. Health care fraud costs the country billions of dollars a year, and the FBI seeks to identify and pursue investigations against the most egregious offenders involved in health care fraud through investigative partnerships with other federal agencies,” said FBI Special Agent in Charge Combs.

On November 9, 2016, the Houston resident pleaded guilty to a one count Information charging her with willful offer and payment of illegal remuneration in relation to a federal health care program.  By pleading guilty, El-Hadik admitted that from March 2015 to December 2015, she paid kickbacks to Garry Wayne Craighead.  Craighead, a chiropractor, organized and controlled multiple health care related entities, including eight clinics in Texas (Dallas, Fort Worth, Killeen, Austin, San Antonio, Corpus Christi, Weslaco, and Beaumont), that derived substantial revenue from DOL health care benefit programs.  El-Hadik paid Craighead cash for patient referrals of federally-insured employees in need of prescription services; and, for his influence in encouraging physicians to prescribe compounded medications for patients, which would then be furnished at Hope Pharmacy.

On December 4, 2015, Craighead pleaded guilty to one count of solicitation and receipt of illegal remunerations in federal health care programs and one count of engaging in monetary transactions in property derived from specified unlawful activity.  On June 10, 2016, Craighead was sentenced to 14 years in federal prison and ordered to pay over $17 million restitution to the U.S. Department of Labor. 

The U.S. Postal Service Office of the Inspector General, U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and the U.S. Department of Labor Office of the Inspector General conducted this investigation.  Assistant U.S. Attorneys James Blankinship and Mark Marshall are prosecuting this case for the government.

In San Antonio today, a federal judge sentenced FourWinds Logistics, Inc. (FourWinds) consultant Gary Cain to 68 months in federal prison, announced U.S. Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Internal Revenue Service-Criminal Investigation Special Agent in Charge D. Richard Goss, San Antonio Field Office. 

In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Cain pay, jointly and severally, $6,345,441 restitution and be placed on supervised release for a period of three years after completing his prison term.  Judge Ezra also ordered Cain to surrender by September 25, 2018, or upon notification by U.S. Bureau of Prisons officials, to begin serving his federal prison term.

Yesterday, Judge Ezra sentenced Cain’s co-defendant, San Antonio attorney and former District 19 Texas State Senator Carlos I. Uresti to 12 years in federal prison and the same amount of restitution.

In February, a jury found Cain and Uresti guilty on all charges for their roles in a Ponzi scheme that defrauded investors out of millions of dollars.  Charges against Cain included one count of conspiracy to commit wire fraud, one count of conspiracy to commit money laundering and seven counts of engaging in monetary transactions with property derived from specified unlawful activity.  Charges against Uresti included one count of conspiracy to commit wire fraud, one count of conspiracy to commit money laundering, five substantive counts of wire fraud, two counts of securities fraud, one count of engaging in monetary transactions with property derived from specified unlawful activity, and one count of being an unregistered securities broker.  Prior to jury selection, former FourWinds Chief Executive Officer Stanley P. Bates pleaded guilty to eight separate federal charges including securities fraud and money laundering.

Evidence presented during trial revealed that from February 2014 to December 2015, the defendants developed an investment Ponzi scheme to buy and sell hydraulic fracturing (fracking) sand for oil production.  Evidence showed that the defendants made false statements and representations while soliciting investors in FourWinds.  Collected funds were then used to pay earlier investors and for personal expenses including gifts, travel, luxury automobiles, controlled substances, and to hire prostitutes.  Evidence and testimony also revealed that Uresti, Cain and Bates engaged in money laundering with the proceeds of wire fraud.

Bates is scheduled to be sentenced at 1:30pm on August 6, 2018, in front of Judge Ezra.  For each fraud related charge, Bates faces up to 20 years in federal prison upon conviction.  For each money laundering charge, Bates faces up to ten years in federal prison upon conviction. 

The FBI’s Public Corruption Task Force is conducting this investigation. The Task Force is comprised of investigators from the FBI, IRS-CI, Texas Department of Public Safety (DPS) and the Peace Corps-Office of Inspector General.  Assistant U.S. Joseph E. Blackwell, William R. Harris, Mark Roomberg, Erica Giese and Sean O’Connell are prosecuting this case on behalf of the Government.
 

In San Antonio today, a federal judge sentenced San Antonio attorney and former District 19 Texas State Senator Carlos I. Uresti to 12 years in federal prison, announced U.S. Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Internal Revenue Service-Criminal Investigation Special Agent in Charge D. Richard Goss, San Antonio Field Office. 

In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Uresti pay $6,345,441 restitution and be placed on supervised release for a period of three years after completing his prison term. 

“As Judge Ezra said, this is a sad day for the community.  The judge imposed a just sentence of 12 years in prison that accounts for the fact that former Senator Uresti used his position of trust in the community to lure his victims to the fraudulent scheme at the heart of the case.  I hope that this sentence sends the message to others that this office will not tolerate such outrageous abuses of power,” stated U.S. Attorney Bash.

“Today's sentence sends a strong message to those who would defraud and harm others for their own personal gain,” said FBI Special Agent in Charge Combs. “As an elected official, this individual took advantage of his position and power to personally enrich himself at the expense of those who trusted him. It is imperative that all individuals, but especially those who hold elected office, do so with honesty and integrity. The public can have confidence that the defendant is being held accountable for the crimes of which he has been convicted.”

“Today's sentencing of former Texas Senator Carlos Uresti exemplifies IRS Criminal Investigation’s intense focus on rooting out corruption.” said IRS-CI Acting Special Agent in Charge Goss. “No matter what your profession, it is unacceptable to help yourself to other people’s money and violate their trust.  Honest taxpayers have been reassured today that no one is above the law.”

In February, a jury found Uresti and FourWinds Logistics, Inc., (FourWinds) consultant Gary L. Cain, guilty on all charges for their roles in a Ponzi scheme that defrauded investors out of millions of dollars.  Charges against Uresti included one count of conspiracy to commit wire fraud, one count of conspiracy to commit money laundering, five substantive counts of wire fraud, two counts of securities fraud, one count of engaging in monetary transactions with property derived from specified unlawful activity, and one count of being an unregistered securities broker.  Charges against Cain included one count of conspiracy to commit wire fraud, one count of conspiracy to commit money laundering and seven counts of engaging in monetary transactions with property derived from specified unlawful activity.  Prior to jury selection, former FourWinds Chief Executive Officer Stanley P. Bates pleaded guilty to eight separate federal charges including securities fraud and money laundering.

Evidence presented during trial revealed that from February 2014 to December 2015, the defendants developed an investment Ponzi scheme to buy and sell hydraulic fracturing (fracking) sand for oil production.  Evidence showed that the defendants made false statements and representations while soliciting investors in FourWinds.  Collected funds were then used to pay earlier investors and for personal expenses including gifts, travel, luxury automobiles, controlled substances, and to hire prostitutes. 

Evidence also showed that Uresti recruited investors under false pretenses by lying about investing his own money in FourWinds as well as failing to disclose his receipt of a commission and a percentage of the profits resulting from investments in FourWinds.  Evidence also revealed that Uresti was not registered as a broker with the Securities and Exchange Commission (SEC).

Evidence and testimony also revealed that Uresti, Cain and Bates engaged in money laundering with the proceeds of wire fraud.

Cain and Bates remain on bond pending sentencing.  Cain is scheduled to be sentenced tomorrow at 1:30pm in front of Judge Ezra.  Bates is scheduled to be sentenced at 1:30pm on August 6, 2018, in front of Judge Ezra.  For each fraud related charge, the defendants face up to 20 years in federal prison upon conviction.  For each money laundering charge, the defendants face up to ten years in federal prison upon conviction. 

Uresti remains on bond awaiting a second federal trial on unrelated charges.  Uresti and Vernon C. Farthing, III, of Lubbock, TX, are charged by a federal grand jury indictment with one count of conspiracy to commit bribery and one count of conspiracy to commit money laundering.  The indictment alleges that from January 2006 to September 2016, the defendants conspired with others to pay and accept bribes in order to secure a Reeves County Correctional Center medical services contract for Farthing’s company.  The indictment specifically alleges that Farthing paid Uresti $10,000 a month as a marketing consultant and that approximately half of that sum was then given to a Reeves County official for his support and vote to award the contract to Farthing’s company.  Upon conviction of the charges contained in this indictment, Uresti and Farthing face up to five years in federal prison for conspiracy to commit bribery and up to 20 years in federal prison for conspiracy to commit money laundering. Jury selection is scheduled for October 22, 2018, in San Antonio before Judge Ezra.

The FBI’s Public Corruption Task Force is conducting this investigation. The Task Force is comprised of investigators from the FBI, IRS-CI, Texas Department of Public Safety (DPS) and the Peace Corps-Office of Inspector General.  Assistant U.S. Joseph E. Blackwell, William R. Harris, Mark Roomberg, Erica Giese and Sean O’Connell are prosecuting this case on behalf of the Government.   

In Austin today, a federal judge sentenced Brian Aguayo, a member of the Dove Springs Gangstas (aka “DSG”), to ten years in federal prison followed by five years of supervised release for racketeering charges associated with the kidnapping and murder of Darian Longoria in December 2015, announced United States Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Austin Police Chief Brian Manley.

Last November, Aguayo pleaded guilty to one count of kidnapping in aid of racketeering and one count of conspiracy to commit kidnapping in aid of racketeering.  By pleading guilty, Aguayo admitted to membership in a criminal enterprise that engaged in acts of violence, including murder, attempted murder, robbery and narcotics distribution primarily in and around Austin.  Aguayo also admitted that he and others kidnapped 16-year-old Darian Longoria on or about December 7, 2015, in furtherance of their criminal enterprise.  During the kidnapping, they shot and killed Longoria.  On January 3, 2016, Longoria’s body was discovered along Onion Creek.

To date, eight individuals have been sentenced in connection with the investigation into this criminal enterprise.  Sentences handed down previously include:  Richard Ortega—30 years imprisonment; Orlando Arroyo (aka “Orly”)—20 years imprisonment; Jorge Avliez-Mondragon (aka “Bunny”, “Conejo”) —42 months imprisonment; Norma Luis-Frias—12 months imprisonment; Jacob Guzman—30 months imprisonment; Leslie Mendez-Munoz—21 months imprisonment; and Kathia Gomez—one year probation.  In addition to the prison terms, United States District Judge Sam Sparks ordered that Aguayo, Ortega and Arroyo pay, jointly and severally, $10,551.73 restitution to the Estate of Darian Longoria for funeral expenses. 

The FBI Safe Streets Task Force and the Austin Police Department investigated this case.  Assistant United States Attorneys Matt Harding and Dan Guess prosecuted this case on behalf of the Government.  The FBI Safe Streets Task Force is comprised of investigators from the Austin Police Department, Texas Department of Public Safety and Immigration and Customs Enforcement - Enforcement and Removal Operations (ICE ERO).

In San Antonio this morning, FBI agents arrested 54-year-old Joseph Vasquez, a principal of San Antonio Cash Network, for allegedly stealing over $145,000 from his company’s ATMs, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.

A federal grand jury indictment returned yesterday charges the defendant with four counts of embezzlement.  The indictment alleges that in October and November 2016, Vasquez removed cash without authorization from four different San Antonio Cash Network ATMs. 

The indictment also seeks a monetary judgment in this case in the amount of $1,084,600, which represents with the value of the proceeds obtained from the defendant’s overall scheme.  Each charge calls for up to 30 years in federal prison and up to a $1,000,000 fine upon conviction.

The FBI and the Texas Department of Public Safety investigated this case.  Assistant United States Attorney William R. Harris 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 presumed innocent until proven guilty in a court of law.

In San Antonio today, a federal judge sentenced 48–year–old Edward Eugene Lowe, Jr., to 40 years in federal prison on child pornography charges, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.

United States District Judge Xavier Rodriguez also ordered that Lowe pay $10,000 restitution to his victim.

On March 15, 2018, Lowe pleaded guilty to one count of distribution of child pornography and one count of production of child pornography.  By pleading guilty, Lowe admitted that on June 25, 2010, he sent images of child pornography to a minor male victim.  Lowe further admitted that on July 11, 2010, he persuaded the minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.

FBI agents were alerted after images of the minor were discovered on the minor’s iPad.  Further investigation revealed that the minor was communicating with the defendant.  Lowe, who at the time resided at a state hospital in Kansas after being committed as a sexual offender, had paid individuals to smuggle cellular phones into the hospital so that he could communicate with underage males and solicit images of child pornography.

On October 4, 2011, FBI agents executed a search warrant and seized Lowe’s phone.  A forensics review of the phone revealed sexually explicit images and email communications between Lowe and the minor since May 2010.

The FBI’s San Antonio Child Exploitation Task Force investigated this case.  Assistant United States Attorney Tracy Thompson 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.

In Del Rio today, federal authorities charged five (5) individuals, including 20–year-old Jorge Luis Monsivais, Jr., of Eagle Pass, TX, for their roles in a smuggling scheme that resulted in the deaths of five (5) illegal aliens, announced United States Attorney John F. Bash, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, U.S. Border Patrol Del Rio Sector Chief Patrol Agent Felix Chavez and Dimmit County Sheriff Marion Boyd.

A federal complaint charges the defendants with transporting illegal aliens and conspiracy to transport and harbor illegal aliens resulting in serious bodily injury and death.   Upon conviction, the offense is punishable by life imprisonment or death, a $250,000 fine, and five years of supervised release. 

On June 17, 2018, U.S. Border Patrol agents initiated immigration inspections on three vehicles—a 2013 Tahoe, a 2007 Suburban, and a 2008 Tahoe—traveling in a convoy on FM 2644 between El Indio, TX and Carrizo Springs, TX. 

According to the criminal complaint, the 2013 Tahoe yielded while the other two led Border Patrol agents and Dimmit County Sheriff’s deputies on high speed chases.  While traveling east bound on Highway 85, Monsivais, the driver of the 2007 Suburban, crashed as he entered the town of Big Wells, TX.  According to the complaint, Monsivais was traveling with 13 suspected illegal aliens—including one juvenile—at the time of the crash.  Four of them died at the scene. Nine were transported to a hospital for medical care.  One died on the way to the hospital.  One was released to the custody of the U.S. Border Patrol after receiving medical attention.  Seven remain hospitalized, including the juvenile.

The criminal complaint alleges that the driver of the 2008 Tahoe evaded law enforcement before purposefully coming to a stop.  Several people absconded from the vehicle.  U.S. Border Patrol agents detained the driver, a 17-year-old juvenile, and captured ten (10) suspected illegal aliens in the area. 

In addition to Monsivais, the criminal complaint charges the driver of the 2013 Tahoe, 55-year-old Mexican citizen Marcial Gomez Santana; and occupants, 45-year-old Mexican citizen Mariela Reyna; Marcial’s son, 21-year-old Rudy Gomez of Hockley, TX; and, Marcial’s daughter, 19-year-old Johana Gomez of Houston, TX, as conspirators in the smuggling venture.  All five charged in the federal criminal complaint remain in custody. 

Of the 23 illegal aliens involved in this scheme, 21 are Mexican nationals and two (2) are Honduran nationals.  At this time, six (6) of the 23 illegal aliens are being held on federal complaints as material witnesses.  This investigation continues.  No other federal charges have been filed.  The juvenile driver is in the custody of Dimmit County authorities. 

The U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is leading this investigation together with the U.S. Customs and Border Protection’s Border Patrol—Del Rio Sector and the Dimmit County Sheriff’s Office.  Assistant United States Attorney Paul Harle 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 considered innocent until proven guilty in a court of law.

An alleged Sinaloa Cartel member is in federal custody, following his extradition from Mexico to the United States yesterday afternoon.  He is expected to make his initial appearance later today in federal court in El Paso.

The announcement was made by U.S. Attorney John F. Bash for the Western District of Texas; Special Agent in Charge Kyle W. Williamson of the Drug Enforcement Administration (DEA), El Paso Division; Special Agent in Charge Emmerson Buie, Jr., of the Federal Bureau of Investigation (FBI), El Paso Division; and, Special Agent in Charge Jeffrey C. Boshek, II, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Dallas Division.

Arturo Shows Urquidi aka “Chous”, age 47, is charged in an April 2012 indictment returned by a federal grand jury in El Paso.  Urquidi is charged with one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO conspiracy), one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to import into the United States five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to commit money laundering offenses and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.

“The Sinaloa Cartel has smuggled multi-ton quantities of cocaine and heroin into our country for decades, using intimidation, violence and murder to build and protect their criminal empire,” said DEA Special Agent in Charge Williamson. “The extradition of Urquidi exemplifies the will of the international law enforcement collaboration to target, disrupt and dismantle the powerful Mexican cartels.”

“The extradition of Urquidi demonstrates that when we work together with our law enforcement partners both here and in Mexico, we can bring Sinaloa Cartel leadership and its core members to justice,” said FBI Special Agent in Charge Buie.

“ATF remains committed to partnerships that combat violent crime and firearms trafficking,” said ATF Special Agent in Charge Boshek. “Working together to dismantle criminal organizations improves public safety and increases social and economic stability.”

Urquidi was one of two dozen alleged high-ranking Sinaloa Cartel leaders, including Joaquin Guzman Loera aka “El Chapo” and Ismael Zambada Garcia aka “Mayo”, indicted on federal racketeering charges in April 2012.   According to the indictment, Urquidi was responsible for the unloading and loading of cocaine, drug proceeds and firearms in Sinaloa Cartel warehouses in Juarez.

Last week, co-defendant Mario De La O Lopez, a former Chihuahua, Mexico state police officer, was sentenced to 324 months in federal prison in connection with the investigation into this criminal enterprise.  Three defendants--Gabino Salas-Valenciano, Jesus Rodrigo Fierro-Ramirez and Emigdio Martinez, Jr.--have died since the indictment was returned in 2012.  Twenty (20) defendants, including Urquidi, remain under indictment.  Trial is scheduled for November 2018.  Upon conviction, Urquidi faces up to life in federal prison.

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

The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The DEA, FBI, and ATF together with the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), U.S. Border Patrol, U.S. Customs and Border Protection (CBP), U.S. Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case.    The Justice Department’s Office of International Affairs provided significant assistance in the extradition.  The case is being prosecuted by Assistant U.S. Attorneys of the Western District of Texas.

In El Paso, a federal judge on Tuesday sentenced 55-year-old former Chihuahua, Mexico State Police Officer Mario De La O Lopez (aka “Flaco”) to 324 months in federal prison for his role in Sinaloa Cartel narcotics distribution operations. In addition to the prison term, United States District Judge Frank Montalvo also ordered that the defendant pay a $1,000 fine. 

That announcement was made by United States Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Kyle W. Williamson, El Paso Division; Federal Bureau of Investigation (FBI) Special Agent in Charge Emmerson Buie, Jr., El Paso Division; and, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division.

On June 15, 2017, Lopez pleaded guilty to one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO).  By pleading guilty, Lopez admitted to participating in the criminal enterprise from 2005 through 2009 by safeguarding and repackaging cocaine, weapons and bulk cash shipments.    

“The sentencing of Mario De La O Lopez is yet another strike against the powerful and violent drug trafficking organizations whose reach stretches across international borders and directly threatens our communities in the United States”, stated DEA El Paso Division Special Agent in Charge Kyle W. Williamson. “We will continue to work together with our law enforcement partners on both sides of the border to pursue those who threaten our communities through the smuggling and distribution of illegal and dangerous drugs.”

“This sentencing is a result of the ongoing partnership and collaboration between the FBI, DEA and international partners to bring to justice members of the Sinaloa Cartel,” said FBI Special Agent Emmerson Buie, Jr.  “This effort not only exemplifies our commitment to prevent drug war violence and criminal activity from poisoning the communities of El Paso and our sister city, Ciudad Juarez, but it also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent drug enterprises.”

“When agencies work in concert, criminals cannot victimize residents and communities in the United States then hide behind shifting geographic jurisdictions,” stated ATF Special Agent in Charge Jeffrey C. Boshek, II. “Leveraging partnerships between ATF and federal, state and local agencies in the pursuit of firearms and narcotics traffickers that fuel underground markets and violent crime ensures the most-appropriate prosecution and maximum sanctions for the public we serve.”

Lopez was one of 24 high ranking Sinaloa Cartel leaders, including Joaquin Guzman Loera (aka “El Chapo”) and Ismael Zambada Garcia (aka “Mayo”), indicted on federal racketeering charges in April 2012.   To date, only De La O Lopez has pleaded guilty to federal charges in connection with the investigation into this criminal enterprise.  Three defendants--Gabino Salas-Valenciano, Jesus Rodrigo Fierro-Ramirez and Emigdio Martinez, Jr.--have died since the indictment was returned in 2012.  Twenty (20) other defendants remain under indictment.  Trial is scheduled for November 2018.

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

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

Federal and state authorities arrested 54-year-old Robert Mikell Ussery in Lockhart, TX, today on a federal charge of convicted felon in possession of a firearm, announced United States Attorney John F. Bash and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski, Houston Division.

A federal complaint unsealed today alleges that on March 5, 2018, Ussery was knowingly in possession of a silver and black semi-automatic pistol after being convicted of a felony offense. 

According to the complaint, on March 5, 2018, Ussery (aka “Side Thorn”), accompanied by his girlfriend (aka “Conspiracy Granny”), entered the property of the First Baptist Church in Sutherland Springs, TX, and verbally harassed church members. The church was the scene of a mass shooting on November 5, 2017, where 26 people were killed.  The defendant and his girlfriend claimed the incident was all a hoax, that no one died as a result of the shooting incident, and that “the people” will hang a member of the church for perpetrating the hoax. 

Ussery and his girlfriend captured the confrontation on their personal video recording devices that they were holding or wearing.  Those devices were seized by authorities.

Ussery’s criminal history includes a 1984 conviction for burglary of a vehicle in Brazoria County for which he received a four-year prison term in the Texas Department of Corrections.

This criminal complaint was the result of a joint investigation by ATF, Texas Department of Public Safety, Wilson County Sheriff’s Office, Caldwell County Sheriff’s Office and Homeland Security Investigations (HSI).

Ussery remains in federal custody following his arrest.  He is scheduled to have his initial appearance in San Antonio at 1:30pm on Thursday before United States Magistrate Judge Henry Bemporad.  Upon conviction, Ussery faces up to ten years in federal prison.  Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government.

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.

In San Antonio today after a nearly three-month trial, a federal jury convicted the two highest ranking officers of the Bandidos Outlaw Motorcycle Organization (Bandidos)--National President Jeffrey Fay Pike and National Vice President Xavier Portillo--on federal racketeering and drug trafficking charges. 

That announcement was made today by United States Attorney John F. Bash, Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, Houston Division; Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; Acting Austin Police Chief Brian Manley; San Antonio Police Chief William McManus; and, Atascosa County Sheriff David A. Soward.

“I am immensely proud of our prosecution team and our law-enforcement partners for this successful prosecution,” stated United States Attorney John F. Bash.  “What this verdict shows more than anything is that the Department of Justice is fully capable of stripping away a veneer of legitimate activity to expose and punish underlying criminal conduct.  Others should take note.” 

Jurors convicted Pike, age 62 of Conroe, TX, and Portillo, age 58 of San Antonio, of (count 1) conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; (count 3) violent crimes in aid of racketeering (VICAR)--murder; (count 4) conspiracy to commit murder in aid of racketeering; (count 5) one count of conspiracy to commit assault with a dangerous weapon; (counts 6 and 7) aiding and abetting assault with a dangerous weapon;  (count 9) discharging a firearm during a violent crime; and, (count 12) interference with commerce by extortion.  Jurors also convicted Portillo of (count 2) violent crimes in aid of racketeering (VICAR)--murder; (count 8) discharging a firearm during a crime of violence; (count 10) conspiracy to possess with intent to distribute more than 500 grams of methamphetamine and cocaine; (count 11) possession with intent to distribute cocaine; and, (count 13) felon in possession of a firearm.

Jurors found Pike and Portillo guilty of conspiring to conduct the affairs of a criminal organization through racketeering acts including directing, sanctioning, approving and permitting members of the Bandidos to commit murder, attempted murder, robbery, assault, intimidation, extortion and drug trafficking. Evidence during trial revealed that in 2006, Pike and Portillo ordered other Bandidos members to murder Anthony Benesh.  At the time, Benesh was attempting to start a Texas Chapter of the Hell’s Angels Outlaw Motorcycle Organization in Austin.  Members of the Bandidos warned Benesh to cease his activities and recruitment, which Benesh ignored.  Several Bandidos members then murdered Benesh on March 18, 2006, outside an Austin restaurant to protect the power, reputation and territory of the Bandidos enterprise.

Jurors also found that Portillo and others killed Robert Lara in January 2002 in Atascosa County as payback for killing Bandidos member Javier Negrete.  Negrete, a member of the same Bandidos chapter as Portillo, was killed outside a San Antonio bar in October 2001. 

Jurors also found that Pike, Portillo and others conspired to murder and assault members and associates of the Cossacks Outlaw Motorcycle Organization (Cossacks).  Testimony revealed that Portillo, with Pike’s approval, declared that the Bandidos were “at war” with the Cossacks.  A number of violent acts were committed by the Bandidos around Texas in furtherance of this “war,” including in Fort Worth, Gordon, Odessa, Port Aransas, Crystal City and elsewhere.

Testimony also revealed that Portillo and other members of the Bandidos were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos members were not required to pay the 10-percent “dime” to the Texas Mexican Mafia in exchange for permission to traffic narcotics.

“The convictions of the Bandidos National President Jeffery Pike and National Vice President John Portillo make it clear that the DEA and the Justice Department will bring organized criminal enterprises, like the Bandidos, to justice,” said Will R. Glaspy, Special Agent in Charge of the Drug Enforcement Administration - Houston Division. “DEA, along with our law enforcement partners, remain committed to removing violent criminals and drugs traffickers from our communities.”

“The verdict rendered today is the result of the outstanding partnership between the FBI and all our law enforcement partners,” said FBI Special Agent in Charge Christopher Combs. “This effort demonstrates our ongoing commitment to prevent gang violence and criminal activity from poisoning our communities. It also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent criminal enterprises.”

Pike, who previously had been on bond, was remanded into the custody of the United States Marshals Service following today’s verdict.  Portillo remains in federal custody.  The defendants face up to life in federal prison. Sentencing for Portillo is scheduled for 9:00am on September 24, 2018. Sentencing for Pike is scheduled for 9:00am on October 1, 2018.  Both sentencings will be before Senior United States District Judge David A. Ezra in San Antonio.  Criminal forfeiture in this case has yet to be determined.  The Government is seeking the criminal forfeiture of Portillo’s residence, which according to the evidence presented during trial, was used extensively to carry out the criminal affairs of the organization including drug distribution.

“Today’s verdict is a testament to the hard work and dedication of our local, state and federal officers. The arrest and successful prosecution of these violent offenders involves cooperation and collaboration among the different agencies. We will continue to work together to ensure that our community is a safe community,” stated San Antonio Police Chief William McManus.

The FBI, DEA and Texas DPS investigated this case together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, Palo Pinto County Sheriff’s Department, Ector County Sheriff’s Department, and the Bexar County District Attorney’s Office.  Assistant United States Attorneys Eric Fuchs and John Gibson are prosecuting this case on behalf of the Government.

In Del Rio today, a federal judge sentenced the former City Attorney and City Manager of Crystal City, TX, to 420 months in federal prison for his role in a bribery and kickback scheme which decimated city coffers announced United States Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio.

In addition to the prison term, United States District Judge Alia Moses ordered that 56-year-old William James Jonas, III, pay $1,047,814.05 restitution to Crystal City and forfeit to the Government $17,291.73.  Judge Moses also ordered that Jonas be placed on supervised release for a period of three years after completing his prison term.

“Today Judge Moses imposed a just sentence for Mr. Jonas’s staggering betrayal of the public trust—a betrayal that left Crystal City nearly insolvent.  But this was surely not an isolated incident.  My office is committed to rooting out public corruption throughout Central and West Texas,” stated United States Attorney John F. Bash.

On June 26, 2017, a federal jury convicted Jonas of one count of conspiracy to commit bribery involving federal programs, three substantive counts of bribery involving federal programs, one count of conspiracy to commit wire fraud and theft of honest services, five substantive counts of wire fraud and theft of honest services, and four counts of wire fraud.  Jurors also convicted former Crystal City Mayor Ricardo Lopez of one count of conspiracy to commit bribery involving federal programs, one substantive count of bribery involving federal programs, one count of conspiracy to commit wire fraud and theft of honest services and four substantive counts of wire fraud and theft of honest services.  Both Jonas and Lopez were remanded to the custody of the U.S. Marshals Service following the guilty verdict.

Testimony provided during trial revealed that between May 2012 and February 2016, Jonas, Lopez, and other city officials used their official positions to enrich themselves by soliciting and accepting bribes from persons seeking to do business in Crystal City.  Jonas and Lopez also used emails, texts and phone calls to carry out their scheme to defraud Crystal City and its citizens through bribery and the concealment of information. 

Testimony further revealed that Jonas was involved in a wire fraud scheme in connection with a multi-million-dollar debt offering in December 2014, which was intended to pay for various improvements to the City’s infrastructure, including replacing the City’s water meters, certain heating and air conditioning equipment, and lighting.  Under various documents relating to the debt offering, Crystal City agreed to place the $2.25 million generated by the sale of the certificates of obligation into separate accounts and to use those funds only for specified purposes.  Instead, Jonas caused those monies to be deposited into the City’s General Fund in December 2014, where the funds were used to pay for Jonas’ salary and other unauthorized expenditures.

According to the indictment, the balance in the City’s General Fund after the deposit of the raised funds was $2,207,050.62.  The balance in the City’s General Fund on or about October 31, 2015, was $2,199.95.  On November 6, 2015 Crystal City still owed approximately $735,048.79 in payments to the company that performed the infrastructure improvements.

“We would like to thank the San Antonio Police Department who were full partners in this investigation.  We also would like to thank the Texas Department of Public Safety and the Texas Rangers for their assistance.  This case reflects our commitment to the citizens of Crystal City to aggressively and relentlessly root out criminal corruption in our community,” said Christopher Combs, Special Agent in Charge of the FBI’s San Antonio Office. “Citizens deserve honest and faithful service from their public officials. Greed and self-interest have no place in public service.  Officials who betray the public and violate their oath of office will be thoroughly investigated and exposed. In this effort one of our most important partners is the public, and we encourage honest citizens to report suspicious activity to the FBI at 210-225-6741.”

Today, Judge Moses also sentenced businessman Ngoc Tri Nguyen to 17 months incarceration (time served) for his role in the fraudulent scheme.  Judge Moses also ordered that Nguyen be placed on supervised release for a period of three years and that he forfeit to the Government $4,803.  Judge Moses also ordered Nguyen to pay $6,000 restitution as well as a $40,000 money judgment.  In May 2016, Nguyen pleaded guilty to a federal programs bribery charge admitting that he paid $6,000 in bribes in exchange for various official acts from his co-defendants.   Nguyen has remained in custody since January 2017. 

Lopez faces up to five years in federal prison for the conspiracy to commit bribery charge, up to ten years in federal prison for each bribery related charge, and up to 20 years in federal prison for each wire fraud related charge.  Three other individuals—former Mayor Pro-Tem Rogelio Mata, former City Councilman Roel Mata and former City Councilman Gilbert Urrabazo—have pleaded guilty to a federal programs bribery charge and face up to ten years in federal prison and up to a $250,000 fine.  Sentencing for all four former city officials is scheduled for June 11, 2018, in Del Rio before Judge Moses. 

The FBI conducted this investigation with the assistance of the Texas Department of Public Safety Criminal Investigative Division, the Texas Rangers and the San Antonio Police Department.  Assistant United States Attorney William R. Harris is prosecuting this case on behalf of the Government. 

In San Antonio today, a federal judge sentenced former San Antonio lawyer Todd Prins to six years in federal prison for a $2.4 Million fraud scheme, announced United States Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division. 

In addition to the prison term, Senior United States District Judge David A. Ezra ordered that the 52-year-old Prins pay $2,975,264 restitution and be placed on supervised release for a period of three years after completing his prison term.  Judge Ezra allowed Prins to remain on bond pending Bureau of Prisons facility designation.  On June 28, 2017, Prins pleaded guilty to one count of wire fraud.  By pleading guilty, Prins admitted that from August 16, 2013, to December 22, 2016, he defrauded multiple victims of their money by means of false and fraudulent pretenses, representations and promises.

“Ordinary Texans often put their trust in lawyers to help them navigate complex legal disputes.  When a lawyer abuses that trust for personal gain, it undermines the integrity of our legal system.  The misconduct in this case was simply outrageous, and the six-year sentence was amply deserved,” stated United States Attorney Bash.

According to court records, Prins led clients to believe that a lawsuit Prins filed on their behalf was successful, resulting in a judgment in their favor.  To convince his clients, Prins fraudulently created forged court rulings, opinions and orders, purportedly issued by various state and federal courts bearing the signatures of the respective judges.  Those courts included Bexar County District Court, the Texas Fourth Court of Appeals, the Texas Supreme Court, United States District Court for the Western District of Texas, and the United States Courts of Appeals for the Fifth and Seventh Circuits.

Furthermore, Prins caused an entity which had purchased real estate in a foreclosure sale conducted by Prins’ law firm to wire transfer approximately $2,400,000 to Prins’ law firm’s trust account.  Rather than maintaining those funds in his trust account for proper distribution, Prins caused approximately $2,000,000 of that money to be wire transferred to another bank account he controlled.  During October and November 2016, Prins misappropriated and converted to his own use approximately $800,000 of the $2,400,000.  Prins, having improperly transferred the $2,000,000 from his trust account to his other account, falsely told a principal of his client-seller that the purchaser’s $2,400,000 was still in his trust account.  To support that false claim, Prins fraudulently created and sent by e-mails and text messages what appeared to be screen shots of the trust account showing the balance in the trust account to be in excess of $3,000,000.  In fact, the true balance of the trust account was less than $1,000, having been $2,041.17 prior to the receipt of the $2,400,000.

The FBI conducted this investigation.  Assistant United States Attorney William R. Harris prosecuted this case on behalf of the Government.

In Midland, United States District Judge David Counts sentenced 27-year-old Kenneth James Barfield yesterday to 30 years in federal prison for distributing methamphetamine, announced United States Attorney John F. Bash; Drug Enforcement Administration Special Agent in Charge Kyle Williamson; and, Midland Interim Police Chief Seth Herman. 

On January 10, 2018, Barfield pleaded guilty to one count of possession with intent to distribute methamphetamine.  According to court records, Barfield was responsible for distributing more than 12 kilograms of methamphetamine throughout the Permian Basin from April 2017 to November 2017. 

Barfield has remained in custody since being arrested by Midland Police on November 17, 2017.

The Midland Police Department together with the Drug Enforcement Administration conducted this investigation.  Assistant United States Attorney Brandi Young prosecuted this case on behalf of the government.

In Austin, a federal judge sentenced 22-year-old member of the Dove Springs Gangstas (aka “DSG”) member Richard Ortega to 30 years in federal prison followed by five years of supervised release for racketeering charges associated with the kidnapping and murder of Darian Longoria in December 2015 announced United States Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Austin Police Chief Brian Manley.

“Today is one more step on the long road to justice for Darian Longoria.  My office is committed to achieving the Attorney General’s goal of stamping out gang violence,” stated United States Attorney John F. Bash.

On January 22, 2018, Ortega pleaded guilty to one count of kidnapping in aid of racketeering, one count of conspiracy to commit kidnapping in aid of racketeering and one count of possession/use/carrying a firearm in relation to a crime of violence resulting in murder.  By pleading guilty, Ortega admitted to membership in a criminal enterprise that engaged in acts of violence, including murder, attempted murder, robbery and narcotics distribution primarily in and around Austin.  Ortega also admitted that he and others kidnapped 16-year-old Darian Longoria on or about December 7, 2015, in furtherance of their criminal enterprise.  During the kidnapping, they shot and killed Longoria.  On January 3, 2016, Longoria’s body was discovered along Onion Creek.

To date, eight individuals have pleaded guilty to federal charges in connection with the investigation into this criminal enterprise.  Ortega is the seventh defendant in this case to be sentenced.  Other sentences handed down include:  Orlando Arroyo (aka “Orly”)-20 years imprisonment; Jorge Avliez-Mondragon (aka “Bunny”, “Conejo”)--42 months imprisonment; Norma Luis-Frias--12 months imprisonment; Jacob Guzman--30 months imprisonment; Leslie Mendez-Munoz--21 months imprisonment; and Kathia Gomez—one year probation.  In addition to the prison terms, United States District Judge Sam Sparks ordered that Ortega and Arroyo pay, jointly and severally, $10,551.73 restitution to the Estate of Darian Longoria for funeral expenses.  Brian Aguayo, who pleaded guilty last November to one count of kidnapping in aid of racketeering and one count of conspiracy to commit kidnapping in aid of racketeering, remains in federal custody awaiting sentencing.  Aguayo, who is set for sentencing on June 22, 2018, faces up to life in federal prison.

“The tragic murder of 16-year-old Darian Longoria illustrates the horrific impact gang violence and drug trafficking have on our families and communities,” said FBI Special Agent in Charge Christopher Combs. “Today, the leader of this violent criminal enterprise responsible for this act faced the consequences of his actions. The FBI, through the Violent Gang Safe Streets Task Force initiative, which includes our federal, state, and local law enforcement partners, are committed to fighting for justice for all victims of gang and drug violence.”

The FBI Safe Streets Task Force and the Austin Police Department investigated this case.  Assistant United States Attorneys Matt Harding and Dan Guess are prosecuting this case on behalf of the Government.  The FBI Safe Streets Task Force is comprised of investigators from the Austin Police Department, Texas Department of Public Safety and Immigration and Customs Enforcement - Enforcement and Removal Operations (ICE ERO).

Attorney General Jeff Sessions and United States Attorney for the Western District of Texas John F. Bash recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, and commented on the FBI's 2017 Law Enforcement Officers Killed and Assaulted report.

“During National Police Week, we pause to reflect on the final sacrifice made by so many men and women who quite literally devoted their lives to keeping us all safe.  Many of these senseless and infuriating homicides do not receive the same level of media coverage as when an officer, justifiably or not, takes a life.  That is perhaps understandable.  But I hope that those who in good faith call for policing reform bear in mind the tremendous risk that an officer takes every time he or she makes a traffic stop, or patrols a dangerous neighborhood, or intervenes in a domestic altercation, or attempts to apprehend a fugitive.  The memories of our fallen brothers and sisters in blue should weigh heavily whenever we must decide whether an officer acted reasonably in using force in a tense situation clouded by uncertainty and mistrust and the risk of sudden violence,” stated United States Attorney John F. Bash.

In the past year, six law enforcement officers have died in the line of duty in the Western District of Texas.  They include:

• Round Rock Police Officer Charles Whites – Officer Whites passed away on April 27, 2018, from injuries sustained after being struck by a vehicle on February 25, 2018.  At the time, Whites was directing traffic on Interstate 35 near East Bowman Road where a pedestrian had been struck and killed.  White suffered broken ribs, a collapsed lung and bleeding in his brain.
• San Marcos Police Officer Kenneth Copeland – Officer Copeland died on December 4, 2017, after he was fatally shot by a suspect while executing a warrant at a residence in San Marcos, TX. 
• Texas Department of Public Safety Trooper Damon Allen – Trooper Allen died on November 23, 2017.  Trooper Allen was conducting a traffic stop on Interstate 45 near Fairfield, TX, at approximately 4:00pm.  The driver allegedly shot Trooper Allen in the back with a rifle as Trooper Allen walked back to his vehicle.  Trooper Allen died at the scene.
• Texas Department of Public Safety Trooper Tom Nipper – Trooper Nipper died on November 4, 2017.  Trooper Nipper was conducting a traffic stop on the southbound shoulder of Interstate 35 in Temple, TX, at approximately 3 p.m. when his patrol car was struck from behind by a Chevrolet pickup truck.  Trooper Nipper was transported to local hospital where he was pronounced deceased.
• San Antonio Police Officer Miguel Moreno, III – Officer Moreno died on June 30, 2017.  The nine-year veteran of SAPD succumbed to injuries sustained during an altercation with a suspect the day before.  Officer Moreno was shot in the head by an individual whom he had pulled over in the 200 block of West Evergreen Street near downtown. 
• United States Border Patrol Agent Rogelio Martinez – Border Patrol Agent Rogelio Martinez died on November 19, 2017, from injuries sustained while on duty near Interstate 10 east of Van Horn, TX, the day before.

“One officer death is too many,” Attorney General Sessions said.  “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high.  At the Department of Justice, we honor the memories of the fallen and we pray for their families.  We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us.  As always, we have their backs and they have our thanks.”

According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.

Additionally, in 2017 there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officers were killed in line-of-duty incidents as a result of felonious acts.

For the full comprehensive data tables about these incidents and brief narratives describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report, released today.

In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty.  The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.  

During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.

The names of all 93 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018.  So that people across the country can experience this unique and powerful ceremony, the vigil will be livestreamed beginning at 8:00 p.m. EDT on May 13th. To register for this free online event, visit www.LawMemorial.org/webcast.

The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.  For more information about other National Police Week events, please visit www.policeweek.org.  To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.

Today, United States Attorney John F. Bash announced changes to his supervisory staff within the District.

Assistant U.S. Attorney Gregg Sofer is now the Chief of the Criminal Division.  Sofer has been an Assistant U.S. Attorney in the Austin Division of the Western District of Texas since 2007.  He has handled, among other types of cases, terrorism, public corruption, violent crime, white collar, espionage, and export-control matters.  Most recently, Sofer led the successful prosecution of Chimene Onyeri for the attempted murder of Judge Julie Kocurek.  Before joining the U.S. Attorney’s Office, Sofer worked at the Department of Justice in Washington, DC.  There, he last served as the Director of the National Gang Targeting Enforcement Coordination Center (GangTECC), where he supervised senior agents from six federal law enforcement agencies in targeting our nation’s most dangerous gangs.  Prior to accepting that position, he served as the first ever Director of the Office of Justice for Victims of Overseas Terrorism.  That office is responsible for, among other things, monitoring the investigation and prosecution of terrorist incidents overseas in which Americans are killed and injured.  Before being named Director, Sofer was an attorney in the Justice Department’s Counterterrorism Section.  In that position, he was responsible for investigating and prosecuting a wide variety of terrorism cases, many of which focused on the murder of American citizens overseas.  Sofer traveled extensively in pursuit of these cases and has worked with foreign law-enforcement and intelligence authorities in several countries.  Sofer has also lectured around the world on issues relating to the confluence of the collection of classified information / intelligence and the criminal prosecution of terrorism cases.  Before joining the Department of Justice, Sofer was an Assistant District Attorney in the New York County District Attorney’s Office for over eleven years.  While serving as a Deputy Chief, Sofer supervised and prosecuted complex violent gang cases.  Before that, Sofer prosecuted hundreds of cases ranging from murder to white collar offenses.  Sofer is a graduate of Rutgers University and the New York University School of Law.

Assistant U.S. Attorney Michelle Fernald is now the Deputy Chief of the Criminal Division.  Fernald, who served as Deputy Chief of the Austin office for the past six years, began her service in the Western District of Texas in 1996 after leaving her positions as a state prosecutor and a Senior Assistant Attorney General for the State of Arkansas.  In those roles she served in the Domestic Violence/Sexual Assault Unit and later in the Medicaid Fraud Control Unit.  Since becoming a federal prosecutor, Fernald has prosecuted a variety of offenses, including in the areas of violent crime, narcotics, immigration, financial fraud, firearms, money laundering, and immigration enforcement.  In 2014, Fernald was named as a “Winning Woman” by Texas Lawyer for her role in the prosecution of members and associates of the Los Zetas Cartel for money laundering through the American Quarter Horse Industry, an honor only given every three years to 19 women across the state.  Fernald graduated from the University of Arkansas in 1987 and the University of Arkansas at Little Rock in 1991. 

Assistant U.S. Attorney Erica Giese is now the Chief of the Financial Litigation Unit (FLU).  Prior to joining the District, Giese served as a prosecutor for the Harris County District Attorney’s Office.  In 2006, she began her federal service as a prosecutor in the Del Rio Division of the Western District of Texas, where she prosecuted a variety of cases involving immigration, narcotics, public corruption, gangs and organized crime (RICO), violent crime, child pornography, civil-rights violations, fraud, firearm-trafficking offenses, human smuggling, juvenile offenses, and Indian Country crime.  In 2012, she was promoted to Chief of the Del Rio Division and later became the Chief of the San Antonio Division.  In 2014, Giese received the Executive Office of U.S. Attorneys Director’s Award for Superior Performance in recognition of her handling of a firearms-trafficking case that resulted in the prosecution of over fifty defendants and the seizure of approximately seventy firearms and thousands of rounds of ammunition before they could be smuggled into Mexico.  In 2017, Giese joined the Civil Division’s Affirmative Civil Enforcement section.  Giese is a 2002 graduate of St. Mary’s University School of Law, a 1999 graduate of Texas State University, and a 1996 graduate of The University of Texas at Austin. 

Assistant U.S. Attorney John Gibson is now the Chief of the San Antonio Division.  Gibson began his service with the Western District of Texas in 2003 as an Assistant U.S. Attorney in the Border Interdiction Group in El Paso, where he prosecuted immigration and drug-trafficking crimes on the southwest border.  He then joined the Organized Crime Drug Trafficking Task Force (OCDETF), prosecuting high-level drug-cartel and transnational-gang members for eleven years and ultimately being promoted to Chief of the OCDETF Unit in El Paso.  Before becoming a federal prosecutor, Gibson was an assistant district attorney for the 34th District Attorney’s Office and an attorney for the Texas Department of Public Safety.  He has been awarded the Attorney General’s Distinguished Service Award and the Director’s Award for Superior Performance as a Criminal Assistant U.S. Attorney, and he is a three-time recipient of the James H. DeAtley Award for exceptional trial work.  Gibson graduated from the University of Texas School of Law in 1995 and Sul Ross State University in 1992.

Assistant U.S. Attorney Dan Guess is now the Chief of the Austin Division.  Guess began his service with the Western District of Texas in January 2011 in the Austin Division.  Before joining the office, Guess served as the Lead OCDETF attorney and Deputy Criminal Chief for Major Crimes in the U.S. Attorney’s Office for the Northern District of Texas.  Guess began his legal career as an Assistant District Attorney in the Dallas County District Attorney’s Office, where he was responsible for appellate, misdemeanor, felony, and specialized-crime matters.  In addition to his accomplishments as a prosecutor, Guess served on active duty in the U.S. Air Force from 1987 to 1991 and as a reservist from 1991 to 1999, ultimately attaining the rank of Major.  Guess graduated from Georgetown University with a Bachelor of Science Foreign Service degree in 1986 and from the University of Texas School of Law in 1994.

Assistant U.S. Attorney Grant Sparks is now the Deputy Chief of the Austin Division.  Sparks has been a prosecutor since 1995 and an Assistant U.S. Attorney in the Austin Division of the Western District of Texas since 2007.  Before joining the U.S. Attorney’s Office, Sparks was an Assistant Attorney General assigned the Cyber Crimes Unit in the Texas Attorney General’s Office, where he also served as Unit Commander of the Internet Crimes Against Children Task Force.  Sparks also served as a Special Assistant U.S. Attorney for both the Western and Eastern Districts of Texas for several years prosecuting computer-related crimes.  Earlier in his career, Sparks was a prosecutor in Williamson County, TX, a briefing attorney to the Honorable Bill White of the Texas Court of Criminal Appeals, and a field representative to U.S. Representative Frank Lucas of Oklahoma.  Sparks received his B.A. from the University of Oklahoma and his J.D. from The George Washington University Law School.

Assistant U.S. Attorney Jody Gilzene is now the Deputy Chief of the Del Rio Division.  Gilzene previously served as an Assistant U.S. Attorney within the Del Rio Division, where she prosecuted a variety of offenses, including in the areas of drug importation, illegal-alien transportation, and immigration-document fraud.  Gilzene began her federal service in 2008, when she left her position as an Assistant Prosecutor in Eaton County Michigan to join the U.S. Air Force as a Judge Advocate General.  During her active-duty service, Gilzene served as a military prosecutor, a military defense attorney, the Chief of General Law, and a civil-litigation counsel.  Gilzene also deployed in support of Operation Enduring Freedom, where she served as Chief of Military Justice and Deputy Staff Judge Advocate.  After an honorable discharge from active duty, Gilzene worked as an Assistant City Attorney for the City of Austin, where she defended various city departments in personnel actions.  Gilzene graduated Western Michigan University Cooley Law School in 2007 and the University of Illinois at Chicago in 2003, where she was also a member of the Women’s Division I basketball team.

In addition to the foregoing supervisory changes, U.S. Attorney Bash has selected Assistant U.S. Attorney Margaret Leachman to serve as Senior Litigation Counsel.  Leachman previously served as Chief of the Criminal Division.  In her new role, Leachman will focus on the office’s discovery and disclosure obligations and will work on prosecutions and other matters of particular significance.

Bash previously promoted Ashley Hoff to First Assistant U.S. Attorney and Kristy Callahan to Executive Assistant U.S. Attorney.

“I have selected this team of supervisors from an outstanding pool of prosecutors and civil attorneys in the Western District of Texas,” stated U.S. Attorney Bash.  “I look forward to working with this team and our other supervisors to enhance the safety and security of the people of Central and West Texas.  I am especially grateful to Margaret Leachman, one of the hardest-working attorneys you will ever meet, for her continued service in the district as a Senior Litigation Counsel.  Her guidance has been invaluable to me.”

In Austin today, a federal judge sentenced two foreign nationals formerly living in Austin to federal prison in connection with a multi-million dollar Austin-based Stolen Identity Refund Fraud (SIRF) scheme announced United States Attorney John F. Bash; Acting Special Agent in Charge Andy Tsui, Internal Revenue Service-Criminal Investigation (IRS-CI); Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service (USPIS), Houston Division; and, Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio Division.

United States District Judge Lee Yeakel sentenced 36-year-old Ibrahim Alu and 40-year-old George Ismail to eight years and seven years in federal prison, respectively.  Judge Yeakel also ordered them to pay joint and several restitution in the amount of $1,358,489.    

In January 2018, both defendants pleaded guilty to one count of conspiracy to commit fraud.  According to court records, Alu and Ismail entered the United States claiming to be Sudanese citizens escaping persecution and requested asylum.  Neither defendant had any documents establishing who they were or where they were from. Both claims were eventually denied by DHS because these claims were false. Both defendants could not be deported back to Sudan, since they were not from Sudan, so they remained in the U.S. and were given permission to work.  However, the investigation revealed that both defendants gave false names to U.S. authorities and were in fact citizens of Nigeria. 

Both Alu and Ismail used their time in the United States to participate in a fraudulent scheme to steal the identity of hundreds of U.S. citizens and exploit those identities for financial gain by filing fraudulent tax returns and by opening credit cards in the names of the victims.  They also laundered the proceeds of other fraudulent activity in furtherance of the conspiracy. The intended loss of the fraud conspiracy was approximately $3.9 million dollars. 

Among the ways that the conspiracy illegally acquired Personal Identification Information (PII) of U.S. victims was through operating cleaning services in the Austin area, cleaning offices, and then looting those offices for PII. Among the locations the conspiracy victimized were medical facilities, where patient files were stolen, and the ARC Pooled Trust of Greater Austin, which helps to provide financial security services to people with developmental and physical disabilities.

Authorities are still looking to arrest Nigerian national co-defendants Dele Akanbi (aka “SK”), age 44, and George Najomo, age 54.

Agents from the IRS-CI, USPIS and HSI conducted this investigation along with assistance from Immigration and Customs Enforcement (ICE)--Enforcement and Removal Operations (ERO).  Assistant United States Attorneys Michael C. Galdo, Gregg N. Sofer and Elizabeth Cottingham 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.  Akanbi and Najomo are presumed innocent until proven guilty in a court of law.

In Austin today, a federal jury convicted 30-year-old Chimene Hamilton Onyeri on federal charges related to his leadership role in carrying out fraud and racketeering schemes that involved the attempted capital murder of State District Court Judge Julie Kocurek in November of 2015. 

That announcement was made by United States Attorney John F. Bash; Travis County District Attorney Margaret Moore; FBI Special Agent in Charge Christopher Combs; Internal Revenue Service-Criminal Investigation (IRS-CI) Acting Special Agent in Charge Andy Tsui; Austin Police Chief Brian Manley; and, United States Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division.

“Today’s verdict vindicates the integrity of our judicial system and achieves justice for Judge Kocurek. I thank the jury for their conscientious service over a long trial,” stated United States Attorney John F. Bash.

Jurors convicted Onyeri of one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, one count of conspiracy to commit mail fraud, two counts of conspiracy to commit wire fraud, seven counts of aggravated identity theft, and six counts of witness tampering.

Evidence presented during trial revealed that from January 2012 to November 2015, Onyeri, 28-year-old Marcellus Antoine Burgin of Cypress, TX, and 26-year-old Rasul Kareem Scott of Marrero, LA, all conspired to commit various fraudulent schemes for financial gain in Austin, Houston, the state of Louisiana and surrounding areas.  Schemes included converting stolen debit card numbers obtained from skimming devices into cash, and Stolen Identity Refund Fraud (SIRF), through the use of the U.S. Mail.  Their racketeering enterprise involved mail fraud, bribery of a public official, wire fraud, document fraud, access device fraud, money laundering and attempted murder. 

According to testimony, when the existence of the criminal enterprise was threatened, Onyeri responded with violence.  On the night of November 6, 2015, Onyeri attempted to murder State District Court Judge Julie Kocurek, whom Onyeri believed was going to sentence him to prison, by shooting Judge Kocurek while she sat in her car outside her home in Austin.  As a result of the incident, Kocurek suffered serious bodily injury from multiple gunshots and resulting shrapnel.

Testimony also revealed that in September 2016, Onyeri attempted to contact six witnesses by smuggling a note out of the Travis County Jail and corruptly persuade them not to talk about Onyeri’s criminal activities to investigators in this case. 

“The law enforcement response to this evil has been truly exemplary. The investigation was tireless and meticulous. And the United States Attorney and the Travis County District Attorney jointly delivered the resources necessary to achieve this successful prosecution,” stated Travis County District Attorney Margaret Moore.

“Today’s verdict should send a clear message to those who threaten, injure or kill members of the judiciary – you will not escape the consequences of your actions. Justice will be served and you will be held accountable,” stated FBI Special Agent in Charge Christopher Combs.  “It was an honor and privilege to work with Austin Police Department, and our law enforcement partners, to bring justice for a brave jurist and dedicated public servant whose life was changed forever by the defendant’s brazen and violent actions.”

“Chimene Onyeri’s criminal organization perpetuated elaborate fraud schemes driven by his insatiable greed. This trial has shown Onyeri’s blatant disregard for human life by the attempted murder of a State District Court Judge,” said Andy Tsui, Acting IRS Special Agent in Charge of the San Antonio field office. “This conviction demonstrates IRS Criminal Investigation’s commitment in supporting our law enforcement partners in holding criminal organizations accountable for their actions.”

“This investigation was an excellent example of a partnership between local, state, and federal law enforcement agencies working together to successfully prosecute numerous violations of federal statutes. I commend the hard work and countless hours put forth by all of the law enforcement agencies involved, which resulted in justice for the victims,” stated USPIS Inspector in Charge Adrian Gonzalez.

“I am grateful to our local, state and federal partners for bringing closure to this case,” said Police Chief Brian Manley. “The strong partnerships we have with our partnering agencies were crucial to this investigation. I’d like to thank the Austin Police Department’s Homicide and Homicide Cold Case Unit for their tireless work and dedication seeking justice for Judge Julie Kocurek and the Kocurek family whose lives will always be impacted by this senseless act.”

“I’m glad to see justice prevail against Onyeri and congratulate federal and state prosecutors on a job well done. I wish Judge Kocurek nothing but the best as she moves forward and continues to heal. It was the Travis County Sheriff’s Office’s honor to provide security to her and her family and to participate in the multi-agency efforts that investigated and prosecuted this case,” stated Travis County Sheriff Sally Hernandez.

Burgin and Scott both entered guilty pleas prior to jury selection.  Burgin and Scott each pleaded guilty to the RICO conspiracy charge.  Both remain in federal custody awaiting sentencing which has yet to be scheduled.  Onyeri, who also remains in federal custody, is scheduled for sentencing at 9:00am on August 17, 2018, in Austin before United States District Judge Lee Yeakel. 

This FBI, IRS-Criminal Investigation, U.S. Postal Inspection Service, United States Secret Service, Austin Police Department and the Travis County District Attorney’s Office investigated this case.  The 14th Judicial District Attorney’s Office in (Calcasieu Parish) Lake Charles, Louisiana; Fort Bend County District Attorney’s Office; United States Attorney’s Offices for the Southern District of Texas and the Eastern District of Louisiana; the United States Marshals Service; Travis County Sheriff’s Office; and, the Houston Police Department provided valuable assistance during this investigation.  Assistant U.S. Attorney Gregg N. Sofer and Special Assistant U.S. Attorney Dayna L. Blazey of the Travis County District Attorney’s Office are prosecuting this case on behalf of the Government.

Hoy en Austin, el tribunal de jurados federal condenaron a Chimene Hamilton Onyeri, 30 años, de cargos federales por su dirección en las esquemas de fraude y requeterismo incluso de intentar el asesinato de la Juez Julie Kocurek en noviembre de 2015.

Fue anunciado por el Abogado de los Estados Unidos John F. Bash, Margaret Moore, Abogada de la Oficina del Abogado del Condado de Travis; Christopher Combs, Agente Especial en Cargo de la Oficina de Investigaciones Federales (FBI por sus siglas en inglés); Andy Tsui, Interismo Agente Especial en Cargo del Servicio Interno de Impuestos – Investigaciones Criminales (IRS-CI, por sus siglas en inglés); Jefe de Policía Brian Manley; y Adrian Gonzalez, Inspector en Carga del Servicio de Inspección Postal de los Estados Unidos (USPIS, por sus siglas en inglés), División de Houston.

“La decisión de hoy es vindicación a la integridad del sistema judicial y lleva a cabo justicia para Juez Kocurek. Le doy gracias al tribunal por su servicio concienzudo durante el juicio,” dijo el Abogado de los Estados Unidos John F. Bash.

El tribunal de jurados condenaron Onyeri de un cargo de conspiración de violación del estatuo Requeterismo Influenciada de Organización Corrupto (RICO por sus siglas en inglés), un cargo de conspiración de cometer fraude por correspondencia; dos cargos de conspiración de cometer fraude por transmisión electrónico, siete cargos de robo de identidad agravada, y seis cargos de corromper testigos.       

Evidencia presentada durante el juicio reveló que durante enero 2012 hasta noviembre 2015, Onyeri, Arcellus Antoine Burgin (Burgin), 28 años de Cypress, Tejas, y Rasul Kareem Scott (Scott), 26 años de Marrero, Louisiana, todos conspiraron para cometir varias esquemas fraudulentas para ganancias financieras en Austin, Houston, el estado de Louisiana y las áreas cercanas. Las esquemas incluyeron convertiendo números de tarjetas de débido robadas obtenidos por un aparato para obtener información electrónica (skimming device en inglés) a efectivo, y Fraude por Reembolso de Identidad Robada (SIRF por sus siglas en inglés) por medio de correo del Servicio Postal de los Estados Unidos. Su raqueterismo envolvió fraude por correo, soborno de un oficial público, fraude por transmisión electrónico, fraude de documentos, fraude por aparato para obtener información electrónica,  lavado de dinero, y atentar asesinato.

Durante el testimonio se descubrió que cuando la empresa criminal fue conminada, Onyeri respondió con violencia. La noche del 5° de noviembre, 2015, Onyeri atentó de asesinar la Juez de la Corte Distrito del Estado Julie Kocurek, quien Onyeri opinaba que lo iba condenar a prisión, y disparó mientras la Juez estaba sentada en su coche fuera de su casa en Austin. Resultó que Kocurek sufrió lesiones corporales serios por medio de los disparos múltipos y la mentralla que resultó.

El testimonio también resultó que en septiembre 2016, Onyeri atentó de contactar seis testigos por medio de contrabandear una nota fuera de la cárcel del Condado de Travis y corruptamente inducir los de no hablar con los investigadores sobre las actas criminales de Onyeri en éste caso.

“La reacción de los autoridades de la ley a éste malvado a sido ejemplar. La investigación fue infatigable y meticuloso. El Abogado de los Estados Unidos y la Abogada del Condado de Travis juntamente despacharon los recursos necesarios para obtener el enjuiciamiento exitoso,” dijo Margaret Moore la Abogada del Condado de Travis.

“La decisión de hoy debe de mandar un mensaje claro a los que amenazan, dañan o quitan la vida de los miembros del tribunal – no escaparan la consecuencias de sus acciones. Justicia se servirá y va ser responsable,” dijo Christopher Combes, Agente Especial en Cargo del FBI. “Fue un honor y privilegio de trabajar con el Departamento de Policía de Austin, y nuestros socios autoridades de ley, para obtener justicia para una jurista valiente quien ha dedicado su vida a servir el público cual vida fue cambiada por las acciones violentas y descaradas de parte  del Demandado.”

“La organización criminal del Chinene Onyeri comitió esquemas de fraude por razón de su codicia insaciable. Éste juicio expone el desprecio de vida del Demandado por atentar de asesinar un Juez de la Corte del Distrito. La condena es demostrativa del compromiso del IRS-CI de apoyar nuestros socios de las agencias de leyes en  hacer responsable las organizaciones criminales por sus acciones,” dijo Andy Tsui, Interismo Agente Especial en Cargo de la Oficina de San Antonio.

“Ésta investigación es un ejemplo excelente de la asociación de las agencias de leyes local, del estado, y federal trabajando juntos para enjuiciar varias violaciones de estatuas federales. Encomiendo el trabajo duro y las horas trabajadas por todas las agencias cual resultó justicia para los víctimas,” dijo Adrian Gonzalez, Inspector en Cargo de USPIS.

“Le agradezco nuestros socios local, del estado y federal de llevar a cabo a éste caso. La asociación que tenemos con nuestros socios fue crucial a la investigación. Me gustaría dar las gracias al Grupo de Homicidio y Casos Sin Resolución del Departamento de Policía de Austin por su trabajo y dedicación para obtener justicia para la Juez Julie Kocurek y la familia Kocurek quienes vidas siempre han cambiado por éste acto insensatez,” dijo El Jefe de Policía Brian Manley.

“Estoy argullosa ver justicia contra Onyeri y les felicito los fiscales federales y del estado en un trabajo buen hecho. Le deseo a Juez Kocurek todo lo mejor mientras continua recobrar su salud. La Oficina del Alguacil de Policía del Condado de Travis tuvo el  honor de proveerle seguridad y también a su familia y participó con los esfuerzos de las agencias para investigar y enjuiciar éste caso,” dijo la Alguacil Sally Hernandez.

Burgin y Scott se declararon culpable antes de la selección del tribunal de jurados. Burgin y Scott se declararon culpable del cargo de conspiración RICO. Los dos permanecen en custodia federal mientas esperan su audencia para recibir su condena, cual no se ha citada. Ohneri, permanece en custodia federal. Su audencia para recibir su condena frente el Juez Lee Yeakel en Austin está citada para las 9:00 de la mañana el 17 de agosto, 2018.

Las agencias que investigaron éste caso: Oficina de Investigaciones Federales (FBI, por sus siglas en inglés), Servicio de Inspección Postal de los Estados Unidos (USPIS, por sus siglas en inglés), Servicio Secreto de los Estados Unidos (SS, por sus siglas en inglés), el Departamento de Policía de Austin (APD, por sus siglas en inglés) y la Oficina del Abogado del Contado de Travis (DA, por sus siglas en inglés). Las agencias que asistieron durante la investigación: La Oficina del Abogado de Lake Charles, Louisiana, La Oficina del Condado de Fort Bend, La Oficina del Abogado de los Estados Unidos del Distrito Sur de Tejas y del Distrito Este de Louisiana; el Servicio de la Guardia de los Estados Unidos (USMS, por sus siglas en inglés), el Alguacil del Condado de Travis (TCSO, por sus siglas en inglés); y el Departamento de Policía de Houston (HPD, por sus iniciales en inglés). Abogado Asistente de los Estados Unidos Gregg Sofer y Abogada Asistente Especial de los Estados Unidos Dayna L. Blaze de la Oficina del Abogado del Condado de Travis son los fiscales de parte del gobierno.

In San Antonio today, Senior United States District Judge David A. Ezra sentenced 61–year–old Louisville, KY, truck driver James Matthew Bradley, Jr., to life in federal prison without parole for his role in an illegal alien smuggling operation that resulted in ten deaths, announced Attorney General Jeff Sessions, United States Attorney John F. Bash and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.

Judge Ezra also ordered that Bradley forfeit to the Government his tractor-trailer rig, plus approximately $5,600 in U.S. currency and a .38 caliber pistol recovered from inside the cab.

“Smuggling illegal aliens into this country disregards both our laws and their safety,” Attorney General Jeff Sessions said. “The defendant's actions in this case led to the agonizing deaths of 10 people. Were it not for his actions, they might still be alive today. This case is a reminder of why the Trump administration and this Department of Justice have renewed our commitment to enforcing our criminal immigration laws and why we are going to continue to work to secure our borders. I want to thank the fabulous Assistant U.S. Attorneys who prosecuted this case, Christina Playton and Matthew Lathrop, as well as our partners with ICE, HSI, CBP, the San Antonio Police and Fire Departments and the Bexar County Sheriff's Office for helping us achieve justice. This tragic case is yet another reminder that Congress must end the incentives that encourage illegal immigration and alien smuggling in the first place.”

After sentencing United States Attorney John F. Bash said, “I am gratified that the court imposed an appropriate punishment for this horrific crime. Through this prosecution, we have sent two unmistakable messages: first, that alien smuggling is a dangerous offense with real victims; and second, that DOJ will seek justice for all victims of crime, no matter their legal status.” 

“But I have a further message for those employers who knowingly hire unauthorized immigrants by the dozens, in blatant violation of federal law: You are creating the economic incentive for precisely the sort of deadly exploitation of vulnerable people that occurred in this case. And we will be looking very hard at how our system of criminal justice can eliminate that incentive.”

On October 16, 2017, Bradley pleaded guilty to one count of conspiracy to transport aliens resulting in death and one count of transporting aliens resulting in death.  By pleading guilty, Bradley admitted that on July 23, 2017, he conspired to transport and did transport illegal aliens in the United States for financial gain; to further their illegal entry into this country; with reckless disregard that they entered this country illegally; and, which resulted in the death of ten illegal aliens.

According to court records, which Bradley admitted were factually correct, San Antonio Police Department (SAPD) officers responded to a call at the Wal-Mart store located at 8538 Interstate 35 in San Antonio shortly after midnight on Sunday, July 23, 2017.  An officer encountered a tractor-trailer behind the store, finding a number of people standing and lying in the rear of the trailer, and the driver, Bradley, in the cab.  At the scene, law enforcement officers discovered 39 illegal aliens.  Of the 39 illegal aliens found at the scene ten (10) died, eight (8) died in the trailer and two (2) died later in area hospitals.  There were four juveniles, aged 14-17 years old, within the group of aliens in Bradley’s trailer who were unaccompanied by an adult. 

Court records further state that the illegal aliens estimated the trailer contained between 70 and 180 to 200 people during transport.  They also described differing fees for being transported. 

“Today’s sentencing of James Matthew Bradley, Jr., brings some closure to a truly horrific and unnecessary tragedy that involved exploiting human cargo for pure greed,” said Special Agent in Charge Shane Folden, HSI San Antonio.  “Not only were ten lives lost, but many more were injured as a result of Bradley’s participation in this illegal scheme. HSI continues to aggressively target and dismantle transnational criminal organizations that profit from the suffering of individuals.  On a daily basis, criminal networks conspire to smuggle, transport and harbor individuals for financial gain at the expense of others.”

On March 8, 2018, Bradley’s co-defendant, 47–year–old Pedro Silva Segura, pleaded guilty to one count of conspiracy to transport aliens resulting in death.  Those charges stem from a superseding federal grand jury indictment handed down on September 20, 2017.  Silva, a Mexican citizen residing in Laredo, TX, remains in federal custody pending sentencing scheduled for June 29, 2018.  He faces up to life in federal prison.

The U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) lead this investigation together with ICE Enforcement and Removal Operations (ERO), the San Antonio Police Department and the San Antonio Fire Department, with assistance from the Bexar County Sheriff’s Office and the U. S. Customs and Border Protection’s Border Patrol.  Assistant United States Attorneys Christina Playton and Matthew Lathrop are prosecuting this case on behalf of the Government.

Hoy en San Antonio, el Mayor Juez David A. Ezra condenó al conductor del camion de carga James Matthew Bradley, Jr., 61 años de Louisville, Kentucky, a la pena de cadena perpetua sin posibilidad de libertad condicional por su participación de transportar inmigrantes indocumentados que resultó en la muerte de 10 personas, anunció el Abogado General Jeff Sessions, el Abogado de los Estados Unidos John F. Bash, y Agente Especial en Cargo del Servicio de Inmigración y Control de Aduanas (ICE, por sus siglas en inglés) y la Oficina de Investigaciones de Seguridad Nacional (HSI, por sus siglas en inglés) Shane Folden.

Mayor Juez Ezra también ordenó la pérdida del remolque, efectivo de aproximadamente $5,600 y la pistola de .38 recuperada en la cabina.

“Transportar contrabando humano dentro éste país es una indiferencia a nuestras leyes y la seguridad de los inmigrantes,” dijo el Abogado General Jeff Sessions. “Las acciones del demandado en éste caso resultó en la muerte de 10 personas. Sin sus acciones, podrían estar vivos hoy. Éste caso es la razón por cual la administración de Trump y éste Departamento de Justicia hemos renovado nuestro compromiso de la aplicación de las leyes criminales de inmigración y vamos a continuar el trabajo de la seguridad la frontera. Quiero dar las gracias a los fabulosos Asistentes Abogados de los Estados Unidos que enjuiciaron éste caso, Christina Playton y Matthew Lathrop, y también les agradezco a nuestros socios con ICE, HSI, la Oficina de Aduanas y Protección Fronteriza de los Estados Unidos (CBP, por sus siglas en inglés) el Departamento de Policía de San Antonio (SAPD por sus siglas en ingles), el Departamento de Bomberos de San Antonio (SAFD por sus siglas en inglés) y el Alguacil de Policía del Condado de Bexar (BCSO por sus siglas en inglés) por ayudarnos lograr justicia. Éste caso trágico es otro recordatorio que el Congreso en el primer lugar tienen que terminar los incentivos que alentan la inmigración ilegal y la transportación de contrabando humano.”

Después de la condena el Abogado de los Estados Unidos John F. Bash dijo, “Estoy gratificado que la corte impuso un castigo apropiado por éste crimen horrendo. Durante el enjuiciamiento hemos mandado dos mensajes inequívocos: primero, la transportación de contrabando humano es una ofensa peligrosa con victimas reales; y dos, el Departamento de Justicia buscará justicia para todos los victimas de crimen, sin considerar su estatus legal.”  

“Pero tengo otro mensaje para los empleadores que alquilen inmigrantes indocumentados sin consideración de la violación de las leyes federales: Usted está creando los incentivos económicos para la explotación mortal de las personas vulnerables como las de éste caso. Vamos a determinar como nuestra sistema de justicia criminal puede eliminar ése incentivo.”

El 16 de octubre, 2017, Bradley se declaró culpable de un cargo de conspiración de transportar contrabando humano resultando en muerte y un cargo de transportar contrabando humano resultando en muerte. En declararse culpable, Bradley admitió que en el 23 de julio, 2017, el conspirió y transportó contrabando  humano en los Estados Unidos para ganancia financiera; para adelantar su entrada ilegal dentro de éste país; con desprecio temerario que entraron al país ilegalmente; y cual resultó  en la muerte de 10 personas.

Conforme con los archivos de la corte, quales Bradley admitió que son factualmente corectos, el Departamento de Policía de San Antonio (SAPD, por sus siglas en inglés) respondieron a la llamada del Wal-mart localizado en 8538 Carretera 35 después de medianoche el domingo, 23 de junio, 2017. El Oficial de Policía encontró el camion de carga detrás de la tienda, y encontó varias personas parados y acostados encima del camión de carga, y el conductor Bradley en el cabina. Los oficiales descubrieron 39 inmigrantes indocumentados. De los 39 inmigrantes indocumentados, 10 fallecieron, ocho fallecieron en el remolque y dos fallecieron en hospitales localizados en San Antonio. En en grupo transportados por Bradley, cuatro eran jóvenes de menor de edad desde 14 – 17 años sin compañeros adultos.

Los archivos de la corte establecen que el remolque conteniba dentro de 70 inmigrantes indocumentatos, y desde 180 – 200 personas durante el transporte. Los archivos proveen las recompensas variables para ser transportado.

“La condena de hoy de James Matthew Bradley, Jr. cierra la tragedia horrífica e innecesaria que involucró la explotación de la transportación de contrabando humano solamente por codicia pura,” dijo el Agente Especial en Cargo de HSI San Antonio Shane Folden. “No solamente se perdieron 10 vidas, más fueron heridos por resulto de la participación en la esquema ilegal de Bradley. HSI continua de agresivamente enforcar y desmantelar organizaciones criminales transnacionales que lucran del sufrimiento de individuos. Diariamente grupos criminales conspiran para hacer contrabando, transportar, y encubrir individuos para ganancias financieras a la riesga de otros.”

El 8 de marzo, 2018, Pedro Silva Segura, de 47 años y codemandado de Bradley se declaró culpable de un cargo de conspiración de transportar contrabando humano resultando en muerte. Esos cargos resultaron de la denuncia supercediendo del gran jurado de acusación del 20 de septiembre, 2017. Silva, un ciudadano de México, residiendo en Laredo, Tejas, permanece en custodia federal mientras espera su audencia para recibir su condena el 29 de junio, 2018. Se enfrenta la pena de cadena perpetua en la prisión federal.

Servicio de Inmigración y Control de Aduanas (ICE) y la Oficina de Investigaciones de Seguridad Nacional (HSI) junto con la Oficina de Detención y Deportación (ICE ERO por sus siglas en ingles), el Departamento de Policía de San Antonio (SAPD por sus siglas en ingles), el Departamento de Bomberos de San Antonio (SAFD por sus siglas en ingles) con asistencia del Alguacil de Policía del Condado de Bexar (BCSO por sus siglas en ingles) y la Oficina de Aduanas y Protección Fronteriza de los Estados Unidos (CBP, por sus siglas en ingles) ayudaron con la investigación. Christina Playton y Matthew Lathrope son los abogados fiscales de parte del gobierno.

Authorities in Austin today arrested 58-year-old Steve Kim on federal counterfeiting charges, announced United States Attorney John F. Bash, and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio.

A federal grand jury indictment returned this week charges Kim with one count of conspiracy to defraud the United States and one count of trafficking in counterfeit goods.  According to the indictment, from January 2010 until June 2, 2017, Kim knowingly sold more than $325,000 worth of counterfeit sports apparel on eBay.  A vast majority of the items was acquired in China and shipped to his home in Round Rock.  Those items included National Basketball Association (NBA), Major League Baseball (MLB), National Football League (NFL), and National Hockey League (NHL) jerseys and hats.

On June 2, 2017, federal and state authorities executed a search warrant at the defendant’s residence and seized more than 2,300 items bearing counterfeit markings to include NBA, MLB, NFL, NHL, Reebok, Louis Vuitton, New Era and others. Suggested retail value of the seized items exceeds $189,000.

Upon conviction, Kim faces up to five years in federal prison on the conspiracy charge and up to ten years in federal prison on the counterfeit goods charge. 

HSI Austin, with assistance from the Austin Police Department and the Williamson County Sheriff’s Office, investigated this case.  Assistant United States Attorney Michael Galdo 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 presumed innocent until proven guilty in a court of law.

In San Antonio this morning, authorities arrested four individuals for their alleged role in the robbery of a San Antonio pawn shop yesterday, announced United States Attorney John F. Bash; Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Houston Division; and, San Antonio Police Chief William McManus.

A federal criminal complaint and supporting affidavit filed in federal court today charges those arrested this morning--40-year-old Daniel Ray Rodriguez, 22-year-old Daniel Ray Rodriguez, Jr., 24-year-old Xavier Noel Musquiz and 36–year-old Cesar Rodriguez—and 22-year-old Martin Ramirez Hernandez with one count of Robbery Affecting Interstate Commerce.  The complaint alleges that on April 12, 2018, the defendants robbed a Cash America Pawn in San Antonio at gun point.  The defendants stole approximately 30 firearms, several hundred pieces of jewelry, and an undetermined amount of United States currency.

Overnight, San Antonio Police officers and ATF agents set up surveillance of a residence in San Antonio. The five men were believed to be inside the house.  Over the course of the stand-off, four of the five suspects were arrested. Law enforcement is still looking for Hernandez. If anyone has information on where Hernandez is, please call the San Antonio Police Department or 911.

All four arrested this morning remain in federal custody.

Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government.

It is important to note that 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.

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.   Attorney General Jeff Sessions 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.

In Austin today, federal charges were filed against two Austin area residents and an Arizona machinegun manufacturer in connection with a firearms smuggling scheme that involved machine guns and assault weapons, announced United States Attorney John F. Bash; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Houston Division; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden; and, United States Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division.

A two–count Information charges 28–year-old Tyler Carlson of Austin, 69-year-old Michael Fox of Georgetown, TX, and 62–year-old Tracy Garwood of Scottsdale, AZ, with one count of conspiracy to violate multiple federal laws, including possessing and transferring unregistered machineguns and unlawfully exporting firearms to Mexico. Additionally, Carlson is charged with one substantive count of possession of an unregistered machinegun.

“We need to vigorously enforce the firearm laws that are on the books, and these charges are part of that mission,” stated United States Attorney John F. Bash.

According to the Information, Carlson worked with others to acquire and unlawfully smuggle 200 firearms, including .50 caliber rifles, and hundreds of thousands of rounds of ammunition to Mexico.  

Additionally, according to the Information, Carlson worked with Michael Fox, a former law enforcement officer and federal firearms licensee, to illegally acquire multiple M-134G Minigun machineguns.  The M-134G is a six-barrel rotary machine gun that can fire between 2,000 and 6,000 rounds of ammunition per minute.  Fox then contacted Garwood, owner of Garwood Industries in Scottsdale, who agreed to help with the construction and supply Fox with M-134G parts.

Garwood submitted false paperwork to the ATF claiming he had destroyed multiple M-134G rotor housings—a key component of the M-134G that must be serialized and registered with the ATF.  Instead, according to the Information, Garwood unlawfully transferred possession of those rotor housings to Fox.

On February 8, 2017, authorities recovered three M134G rotor housings while executing a search warrant at Fox’s residence in Georgetown, Texas.  Two of the rotor housings were ones that Garwood told ATF were destroyed.

The Information also states that prior to the search warrant, Fox successfully built multiple M-134G machineguns, unlawfully transferred them to Carlson, who in turn transferred them to an unnamed person. That person successfully smuggled M-134G machineguns to Mexico.

“Firearms trafficking is a priority for ATF because of the increased potential for those guns to be acquired by the criminal element,” said ATF Special Agent in Charge Fred Milanowski.

“By arresting weapons smugglers, law enforcement cuts the supply of firearms to the drug cartels, who fuel violence and pose a threat to citizens on both sides of the border,” said Special Agent in Charge Shane Folden, HSI San Antonio.

“The Postal Inspection Service is committed to protecting the financial systems of the Postal Service by investigating money laundering activities involving the misuse of Postal Service products and money orders to facilitate criminal activity.  We remain steadfast in our resolve to seek justice to the end and defend the nation’s mail service from illegal use. This goal is achieved through collaborative investigative efforts with other law enforcement agencies,” stated USPIS Inspector in Charge Adrian Gonzalez

Upon conviction, Carlson faces up to 10 years on the substantive unlawful possession of a machinegun charge, and each defendant faces up to five years in federal prison on the conspiracy charge.  No further court dates are scheduled at this time.

The ATF, HSI, USPIS are conducting this investigation.  The U.S. Marshal Service assisted with the deportation of Carlson from Mexico. The Southern District of Texas and the District of Arizona provided assistance during this investigation. Assistant United States Attorney Michael Galdo is prosecuting this case on behalf of the Government. 

An Information is merely a charge and should not be considered as evidence of guilt.  The defendants are innocent until proven guilty in a court of law.