FEDERAL DISTRICT ARCHIVE
Western District of Texas
Press releases recorded for this federal judicial district.
Former El Paso-Based Company Employee Pleads Guilty to Computer IntrusionRead the Press Release
In El Paso, 41-year-old Joe Vito Venzor faces up to ten years in federal prison after admitting today to illegally accessing his former employer’s computer system and shutting it down announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before Senior United States District Judge David Briones, Venzor pleaded guilty to one count of transmission of a program to cause damage to a computer. By pleading guilty, Venzor admitted that on September 1, 2016, after being terminated from his position at the company’s help desk, he logged onto the company’s network through an administrator account and shut down the company’s email server and application server while deleting systems files essential to restoring computer operations.
Because of the intrusion, 300 employees in the production and shipping factory were unable to work for nearly three hours before the decision was made to send them home for the rest of the shift. The distribution center was not able to ship any of their products and customers could not place orders online. The IT Managing Director also had to hire a third party IT staff to assist with setting up a new application server for the company. The company continued to suffer direct and indirect losses because of the intrusion into its computer server in the ensuing days and weeks, as they had to reconstruct files, and fulfill production and customer services issues.
Venzor remains on bond pending sentencing scheduled for 9:30am on June 6, 2017, before Judge Briones in El Paso. In addition to the prison term, Venzor is also subject to a fine of up to $250,000 and restitution to his former employer, which has yet to be determined.
The Federal Bureau of Investigation investigated this case. Assistant United States Attorneys Greg McDonald and Rifian Newaz are prosecuting this case on behalf of the Government.
Former Eagle Pass City Manager Admits Lying to FBI in Connection with Investigation into “Pay-To-Play” Bribery Scheme Involving Maverick County ContractsRead the Press Release
This afternoon, 68-year-old former Eagle Pass City Manager Hector Chavez, Sr., admitted to lying to FBI agents during their investigation into a “pay-to-play” scheme involving Maverick County contracts, announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before United States District Judge Alia Moses, Chavez pleaded guilty to one count of making a false statement to a federal agent. By pleading guilty, Chavez admitted that on June 25, 2015, he knowingly gave false statements to agents regarding his response to a federal grand jury subpoena, his work on Maverick County contracts, and a personal consulting services contract with an engineering firm.
According to court records, on May 4, 2015, a federal grand jury subpoena was issued to Chace Management, a company owned by the defendant, for all records regarding any subcontracting work done for an engineering firm. Chavez, admittedly, lied to authorities about creating a fraudulent, hand-written personal services agreement he provided in response to the subpoena. Chavez also claimed to have received approximately $24,000 for services rendered to the engineering firm when in fact, the work listed in the agreement never took place.
Chavez, who remains on bond pending sentencing, faces up to five years in federal prison. Sentencing has yet to be scheduled.
This investigation was conducted by the FBI and the Texas Department of Public Safety Criminal Investigations Division together with the Customs and Border Protection Office of Internal Affairs. Assistant United States Attorneys Katherine Griffin, Daniel Lee and Todd Keagle are prosecuting this case on behalf of the Government.
Undocumented Alien Pleads Guilty to Assaulting a Federal Deportation Officer in AustinRead the Press Release
In Austin today, 23-year-old Mexican National Hugo Baltazar-Ramirez pleaded guilty to assaulting a federal deportation officer last month in Austin announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
By pleading guilty, Baltazar-Ramirez admitted that on February 10, 2017, he forcibly assaulted a federal officer and employee of the United States who was engaged in the performance of his official duties. As a result of the intentional assault by the defendant, the federal deportation officer suffered bodily injury.
Baltazar-Ramirez remains in federal custody awaiting sentencing. A sentencing date has yet to be scheduled. He faces up to 20 years in federal prison.
The Federal Bureau of Investigation conducted this investigation.
Federal Judge Sentences Hondo, TX, Man to more than 15 Years Imprisonment for Distribution of Child PornRead the Press Release
In Del Rio this week, 46–year-old Bryan DeWain Splawn was sentenced to 188 months in federal prison for distributing child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
During Monday’s sentencing hearing, United States District Judge Alia Moses also ordered that Splawn be placed on supervised release for a period of ten years after completing his prison term.
On July 28, 2016, Splawn pleaded guilty to one count of distribution of child pornography. According to court documents, on December 9, 2015, HSI launched its investigation after making contact online with the defendant who was actively seeking minor females for sex. During the investigation, while Splawn was chatting and texting online, he sent by email five videos containing child pornography to an undercover agent.
On December 19, 2015, HSI agents, with assistance from the Hondo Police Department, arrested Splawn without incident. He has remained in federal custody since.
“These HSI investigations help protect children by taking child predators off the internet and off the streets by putting them behind bars," said Special Agent in Charge Shane Folden, HSI San Antonio. "Targeting these crimes against children is a high priority for HSI. We will continue to dedicate our law enforcement resources to identify and bring to justice child predators who traumatize and victimize children."
Assistant United States Attorney Matthew H. Watters prosecuted the case.
This case was prosecuted as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html.
Boerne Man Admits Hacking into Former Employer’s Computer System and Shutting it DownRead the Press Release
In San Antonio, 40-year-old Brian Neal Bond of Boerne, TX, faces up to five years in federal prison after admitting to hacking into a local business and shutting down their computer operations announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before United States District Judge Xavier Rodriguez, Bond pleaded guilty to one count of computer intrusion and damage. According to court records, from September 2010 to approximately April 2015, Bond worked as an Information Technology Help Desk manager in the Boerne, TX, facility of Colorado-based business. Bond left that company’s employment to accept a position with a different company. By pleading guilty, Bond admitted that beginning in June 2015 and continuing to January 2016, Bond, without authorization, accessed his former employer’s computers approximately 124 times. On one of those occasions—January 12, 2016—Bond admitted to shutting down his former employer’s trading system, making it unavailable to customers. Bond also deleted a file that was essential to the trading systems ability to operate. Bond’s interruption actions resulted in an estimated loss to his former employer of $10,816, which Bond has already paid into the registry of the Court.
The defendant remains out on bond pending sentencing scheduled for June 28, 2017, before Judge Rodriguez.
The Federal Bureau of Investigation conducted this investigation. Assistant United States Attorney William R. Harris is prosecuting this case on behalf of the Government.
Federal Judge in Del Rio Sentences Man to 6 1/2 Years Imprisonment for Firearms Smuggling OperationRead the Press Release
In Del Rio today, United States District Judge Alia Moses sentenced 49–year-old ringleader Eduardo Hinojosa (aka “Lalo”), a U.S. Citizen residing in Piedras Negras, Mexico, to 78 months in federal prison for attempting to smuggle firearms and an assortment of ammunition from the U.S. into Mexico announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
In addition to the prison term, Judge Moses ordered Hinojosa to pay a $3,000 fine and to be placed on supervised release for a period of three years after completing his prison term.
On September 21, 2016, a federal jury convicted Hinojosa of four counts of aiding and abetting the smuggling of goods from the U.S. and one count of providing a firearm to a prohibited person. Evidence presented at trial revealed that Hinojosa and three Mexican citizens residing in Piedras Negras were involved in a firearms smuggling scheme for profit. Prior to jury selection, Hinojosa’s co-defendants 43-year-old Carlos Mendoza-Hernandez (aka “Pepo”) and 26–year-old Gily Ajin-Cordova pleaded guilty to one count of possession of a firearm by a prohibited person; and, 25-year-old Elizabeth Cervantes-Mateos pleaded guilty to one count of aiding and abetting the smuggling of goods from the U.S. All three were sentenced to one year in federal prison.
According to testimony and court records, on April 7, 2015, investigators observed Hinojosa loading ammunition and firearms into a vehicle at an Eagle Pass business owned by Mendoza’s family. Authorities subsequently seized a .243 caliber rifle, a 12-gauge shotgun and approximately 1,000 rounds of ammunition in various calibers from inside that vehicle. At the time of the seizure, authorities arrested the vehicle’s occupants--Cervantes and Ajin. Agents later observed defendants Hinojosa and Mendez unloading boxes into a storage facility in Eagle Pass. Subsequently, authorities arrested Hinojosa and Mendez and a consensual search of that storage facility revealed approximately 750 rounds of shotgun shells. Testimony also revealed that the defendants were aware that the firearms and ammunition were ultimately destined for Mexico and that the defendants were aware that it is unlawful to export those items without a license.
The case was investigated by Homeland Security Investigations with assistance from U.S. Customs and Border Protection; Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the Maverick County Sheriff’s Office. Assistant U.S. Attorneys Lewis Thomas and Dan Lee prosecuted this case on behalf of the Government.
Samuel Velasco Gurrola Sentenced to Life in Federal Prison for Murder-For-Hire Plot Involving His Wife, Her Father and Her SisterRead the Press Release
In El Paso this morning, 41-year-old Samuel Velasco Gurrola was sentenced to life in federal prison for his role in a murder-for-hire plot announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
On October 17, 2016, a federal jury convicted Velasco of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire. Following his conviction in the murder-for-hire plot, on November 18, 2016, Velasco pleaded guilty to conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, namely acts of drug trafficking and money laundering.
Today, Senior United States District Judge David Briones imposed a life-imprisonment sentence on each of the seven murder-related charges—four involving foreign travel to run consecutive, the other three to run concurrent. Judge Briones also imposed a 35-year concurrent prison term for conspiracy to violate the RICO statute. In addition to the prison term, Judge Briones ordered that Velasco pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000, to be paid joint and several with his brother. Judge Briones also ordered that Velasco forfeit to the Government two real estate properties he owned in El Paso as well as $85,000 in U.S. Currency and two vehicles seized by authorities.
“The Velascos perpetrated some of the most diabolical and cruel crimes imaginable. To avoid responsibility for sexually assaulting a child, Samuel enlisted his brother Emanuel and his criminal organization to kill his wife to prevent her from testifying against him. By the time he was he was done, his wife, her father, her sister, and a friend had been slaughtered. The life sentence imposed shows much more mercy than he ever did,” stated United States Attorney Richard L. Durbin, Jr.
According to evidence presented during his trial, in 2008, Samuel Velasco was married to Ruth Sagredo Escobedo. At the time, he was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Evidence further revealed that from September 2008 until November 2008, Samuel initiated a plot, with Emmanuel’s help, to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that with Emmanuel’s help, Samuel also arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Samuel’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo and her friend Roberto Martinez were ambushed and murdered.
Yesterday, Judge Briones sentenced Emmanuel to life in federal prison and ordered him to pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000. Judge Briones also ordered that Emmanuel forfeit to the Government various real estate properties he owned in El Paso and Midland counties as well as a condominium located on the Las Vegas Strip.
According to court records, Emmanuel was the leader of a criminal organization that ran a cross-border car theft ring and imported and distributed tons of marijuana. His organization also engaged in an international kidnapping scheme whereby victims were kidnapped and held in Juarez, Mexico, while he and other criminal associates located in El Paso extorted ransom payment from the victims’ families.
“These life sentences sends a clear message to transnational criminal organizations. HSI and its law enforcement partners are committed to ensuring the safety and security of our border community,” said Waldemar Rodriguez, special agent in charge of HSI El Paso.“The Velascos fall into the category of the ‘worst of the worst’ criminals. Their actions have devastated a family on both sides of the U.S. / Mexico border. The DEA is proud to have played a role with our law enforcement partners in bringing them to justice and ensuring that never again will they be able to commit an act of violence in the Borderland,” said Will R. Glaspy, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division.
“The sentence handed down today is the result of outstanding efforts by the FBI and our partner agencies, DEA and HSI. Two murderers are behind bars. Justice has been served for the victims, their families, and the greater border community,” stated Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Emmanuel and Samuel’s sister, 44-year-old Dalia Valencia, pleaded guilty to the RICO conspiracy charge prior to jury selection in the above-mentioned trial. Valencia is scheduled for sentencing at 9:30am on April 19, 2017, before Judge Briones. and Samuel’s other sister, 43-year-old Monica Velasco, remains a fugitive in this case. Monica Velasco is charged with conspiracy to violate the RICO statute, two money laundering counts and conspiracy to possess with intent to distribute and import over 1,000 kilograms of marijuana. If you have information as to Monica Velasco’s whereabouts, contact the United States Marshals Service in El Paso at (915) 534-6779.
This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
Plano Man Sentenced to Federal Prison in Synthetic Marijuana CaseRead the Press Release
In San Antonio today, 52-year-old Irfan Abdul Ghaffar was sentenced to seven years in federal prison followed by three years of supervised release for his role in a synthetic marijuana distribution scheme announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, and Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division.
On January 4, 2017, Ghaffar pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute controlled substance analogues. By pleading guilty, Ghaffar admitted that from March 2013 to June 2013, he managed the affairs of the Jaffer Drug Trafficking Organization (Jaffer DTO) in Dallas, including the illegal storage, distribution and sale of various kinds of synthetic cannabinoids. The San Antonio-based Jaffer DTO, led by Muhammad Jaffer Ali, was responsible for the production and distribution of synthetic marijuana and bath salts in San Antonio, Houston, Austin, and Dallas as well as Tulsa, Oklahoma City, and Kansas City. During the course of the enterprise, the Jaffer DTO manufactured, caused to be manufactured, attempted to manufacture, distributed and possessed with intent to distribute over 40,000 pounds (or 18,500 kilograms) of synthetic cannabinoids.
On December 12, 2016, Muhammad Jaffer Ali pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substance analogues. He is scheduled for sentencing in San Antonio on Tuesday at 4:00pm before Senior United States District Judge Royce C. Lamberth.
This prosecution resulted from the efforts of the Federal Bureau of Investigation and Drug Enforcement Administration together with the Internal Revenue Service-Criminal Investigation, Immigration and Customs Enforcement - Homeland Security Investigations, U.S. Border Patrol, Austin, San Antonio and New Braunfels Police Departments, the Texas Department of Public Safety, Texas Attorney General’s Office, Travis County District Attorney’s Office, Travis County Sheriff’s Office, Williamson County Sheriff’s Office, Williamson County Constables Office-Precinct 2, Bastrop County Sheriff’s Office, Live Oak Police Department and the Texas Alcoholic Beverage Commission. ICE Enforcement and Removal Operations also assisted with today’s arrests. Assistant United States Attorneys Mark Roomberg and Jay Hulings are prosecuting this case.
El Paso Man Sentenced to Life in Federal Prison in Connection with Murder-For-Hire PlotRead the Press Release
In El Paso this morning, 30-year-old Emmanuel Velasco Gurrola was sentenced to life in federal prison for his role in a murder-for-hire plot announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
Senior United States District Judge David Briones imposed a life-imprisonment sentence on each count to which Velasco Gurrola pleaded guilty prior to trial: three counts of conspiracy to kill in a foreign country and one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute. According to court records, Velasco Gurrola was the leader of a criminal organization that ran a cross-border car theft ring and imported and distributed tons of marijuana His organization also engaged in an international kidnapping scheme whereby victims were kidnapped and held in Juarez, Mexico, while he and other criminal associates located in El Paso extorted ransom payment from the victims’ families.
In addition to the prison term, Judge Briones ordered that Velasco Gurrola pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000. Judge Briones also ordered that Velasco Gurrola forfeit to the Government various real estate properties he owned in El Paso and Midland counties as well as a condominium located on the Las Vegas Strip.
On October 17, 2016, a federal jury convicted Emmanuel’s 41–year-old brother, Samuel Velasco Gurrola, of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire.
According to evidence presented during his trial, in 2008, Samuel Velasco Gurrola was married to Ruth Sagredo Escobedo. At the time, Samuel was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Evidence further revealed that from September 2008 until November 2008, Samuel initiated a plot, with Emmanuel’s help, to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that with Emmanuel’s help, Samuel also arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Gurrola’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo, and her friend Robert Martinez, were ambushed and murdered.
“This life sentence sends a clear message to transnational criminal organizations. HSI and its law enforcement partners are committed to ensuring the safety and security of our border community,” said Waldemar Rodriguez, special agent in charge of HSI El Paso.
“Mr. Velasco Gurrola falls into the category of the ‘worst of the worst’ criminals. His actions have devastated a family on both sides of the U.S. / Mexico border. The DEA is proud to have played a role with our law enforcement partners in bringing Velasco Gurrola to justice and ensuring that never again will he be able to commit an act of violence in the Borderland,” said Will R. Glaspy, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division.
“The sentence handed down today is the result of outstanding efforts by the FBI and our partner agencies, DEA and HSI. A murderer is behind bars. Justice has been served for the victims, their families, and the greater border community,” stated Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Following his conviction in the murder-for-hire plot, on November 18, 2016, Samuel Velasco Gurrola pleaded guilty to conspiracy to violate the RICO statute, namely acts of drug trafficking and money laundering. Emmanuel and Samuel’s sister, 44-year-old Dalia Valencia, pleaded guilty to the same charge prior to jury selection in the above-mentioned trial.
Samuel Velasco Gurrola is scheduled for sentencing tomorrow at 10:30am before Judge Briones. Dalia Valencia is scheduled for sentencing at 9:30am on April 19, 2017, before Judge Briones. Emmanuel and Samuel’s other sister, 43-year-old Monica Velasco, remains a fugitive in this case. Monica Velasco is charged with conspiracy to violate the RICO statute, two money laundering counts and conspiracy to possess with intent to distribute and import over 1,000 kilograms of marijuana. If you have information as to Monica Velasco’s whereabouts, contact the United States Marshals Service in El Paso at (915) 534-6779.
This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
Austin Man Arrested/Charged After Landing Plane Containing Marijuana in Llano Early This MorningRead the Press Release
In Austin this afternoon, federal authorities filed a criminal complaint against 64–year-old Wayne Douglas Brunet for possession with intent to distribute marijuana. Earlier this morning, state authorities arrested Brunet at the Llano (TX) Municipal Airport after discovering approximately 230 pounds of hydroponic marijuana on board his aircraft announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The affidavit attached to the criminal complaint alleges that HSI agents were prepared to interdict Brunet last night as he attempted to land at an unmanned airport in Bulverde (TX). The Department of Homeland Security Customs and Border Protection (CBP) Air and Marine Operation Center (AMOC) began tracking the single-engine plane after observing that it had a suspicious flight pattern from Medford, OR, to Texas and had landed only once in Holbrook, AZ, to refuel.
The affidavit further states that Brunet landed at the unmanned airport in Bulverde, but departed again after spotting authorities on the ground. Brunet then proceeded to the Lago Vista (TX) airport, but again, aborted his landing as he did in Bulverde when encountered by law enforcement. Brunet then proceeded to the Llano Municipal Airport where he landed at approximately midnight. After bringing the aircraft to a stop, Brunet attempted to flee on foot, but was apprehended on the tarmac by the Texas Department of Public Safety Air Unit. Authorities recovered a total of 15 duffle bags filled with vacuum-sealed packages of marijuana along with approximately $6,000 in U.S. Currency.
Upon conviction, Brunet faces between five and 40 years in federal prison. He remains in federal custody pending a detention hearing scheduled for 2:15pm on Thursday in Austin before United States Magistrate Judge Andrew Austin.
This investigation is being conducted by HSI together with assistance from CBP AMOC, Texas Department of Public Safety Air Unit and the Llano County Sheriff’s Office. Assistant United States Attorney Matthew Devlin 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 defendant is presumed innocent until proven guilty in a court of law.
Mexican Businessman Sentenced to Federal Prison for Pyramid SchemeRead the Press Release
In El Paso today, a federal judge sentenced 40-year-old self-proclaimed licensed investment broker Roberto Trinidad Del Carpio Frescas to 235 months in federal prison followed by three years of supervised release for carrying out a Ponzi scheme that resulted in an estimated $14 million loss announced United States Attorney Richard L. Durbin, Jr., U.S. Secret Service Special Agent in Charge Lee Dotson and El Paso Police Chief Greg Allen.
During sentencing, United States District Judge David C. Guaderrama scheduled a hearing on May 25, 2017, to determine the amount of restitution in this case. Del Carpio has remained in federal custody since his arrest in February 2015.
On February 19, 2016, a federal jury convicted Del Carpio of Chihuahua, MX, of 24 counts of wire fraud and ten counts of money laundering.
Evidence presented during trial revealed that the defendant held himself out to have superior knowledge and ability as an investor in stocks, bonds, futures in oil, gas, precious metals and currency. Though he was not licensed in the state of Texas as a dealer, or registered as an investment adviser, Del Carpio formed several companies in Texas including SMI International Institute Corporation (aka Stock Market Investment), Del Carpio Trading Institute LLC, and one in the Cayman Islands, Del Carpio Holdings, to facilitate his scheme.
From August 2010 until January 2012, Del Carpio and others collected money from over 100 known investors in Mexico and the United States. Del Carpio pocketed most all of the funds he collected though he did pay minimal amounts of money to “early” investors as a return on their investment and to encourage his victims to invest more of their money with him.
On March 3, 2017, Del Carpio’s co-defendant, 61-year-old David Brian Binder of Pittsburg, PA, pleaded guilty to one count of wire fraud. By pleading guilty, Binder admitted to helping Del Carpio keep proceeds from the scheme out of the hands of potential creditors as well as lying to them about protecting their investments. As a result, Binder faces up to 20 years in federal prison. He remains on bond pending sentencing scheduled for 9:00am on June 1, 2017, before Judge Guaderrama.
This investigation was conducted by the U.S. Secret Service and the El Paso Police Department. Assistant United States Attorneys Ian Hanna and Stanley Serwatka prosecuted this case on behalf of the Government.
Federal Grand Jury Indicts Three in Connection with Shooting of U.S. Mail CarrierRead the Press Release
In San Antonio this afternoon, a federal grand jury returned a 13–count indictment charging three San Antonio residents for their alleged roles in a mail theft scheme that involved the shooting of a U.S. Mail carrier last month in Spring Branch, TX, announced United States Attorney Richard L. Durbin, Jr.; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.
The indictment charges 22–year-old Bradley A’Hearn and 26–year-old Sara Richford with five counts of aiding and abetting assault of a federal officer; three counts of aiding and abetting use of a firearm during a crime of violence; one count of aiding and abetting carjacking; one count of aiding and abetting possession of a stolen firearm; and, one count of possession of stolen mail. The indictment also charges 40-year-old Piper Lee 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.
Court records allege that on February 11, 2017, A’Hearn shot a female U.S. Mail carrier as she was delivering mail to cluster of mailboxes in Spring Branch, TX, when she would not give him her cell phone. The victim is recovering from a gunshot wound to her leg. A’Hearn left the scene in the victim’s pickup truck which still contained the victim’s purse and personal effects as well as a considerable amount of U.S. Mail. Richford, driving a maroon/brown colored Toyota Venza, followed A’Hearn as he left the scene.
Court records also allege that on February 13, 2017, a U.S. Postal Inspection Service agent near the site of the shooting recognized the Toyota Venza vehicle. The agent, while attempting to stop the vehicle, was allegedly fired upon by A’Hearn. Other law enforcement personnel, who subsequently joined the pursuit, were also fired upon by A’Hearn. The defendants managed to avoid capture.
Court records further allege that on February 14, 2017, agents were notified by employees of a local motel 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 another vehicle being utilized by the defendants, a yellow Volkswagen. Agents observed the defendants leave the motel in the yellow Volkswagen and requested San Antonio police to initiate a stop of the vehicle. The defendants failed to yield to SAPD officers and the occupants began shooting at the police. 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 the defendants without incident in a parking lot of a different local motel.
Upon conviction, the defendants face between ten years and life in federal prison for aiding and abetting use of a firearm during a crime of violence; up to 25 years imprisonment for aiding and abetting carjacking; up to 25 years imprisonment for aiding and abetting robbery of mail; up to 20 years imprisonment for aiding and abetting assault on a federal officer; up to ten years imprisonment for aiding and abetting possession of a stolen firearm; and up to five years imprisonment for possession of stolen mail.
All three defendants remain in federal custody at this time.
It is important to note that an indictment is merely a charge and should not be evidence of guilt. The defendants are innocent until proven guilty in a court of law.
This matter is being investigated by 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). Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.
Federal Grand Jury Indicts Dripping Springs Man for Making Threats to Kill Individuals on Fort HoodRead the Press Release
In Waco, a federal grand jury yesterday afternoon indicted a Dripping Springs man for allegedly making threats to kill individuals on Fort Hood last month announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment charges 28-year-old Thomas Anthony Chestnut with one count of interstate communications with threat to injure. Upon conviction, Chestnut faces up to five years in federal prison.
According to court records, on February 22, 2017, Chestnut made verbal threats when he called and spoke with a sergeant at the US Army 1st Calvary Division at Fort Hood. Chestnut threatened to go to Fort Hood, kill the sergeant, take hostages, start a mass killing spree and then kill himself if he was not allowed to speak with someone of rank. Chestnut then spoke with a major and advised that he was a former soldier wrongly accused of a crime and eventually released from prison in 2016. Chestnut further advised if he was unable to speak with a U.S. Army III Corps Commander or a Sergeant Major regarding back pay, or did not receive the money he believed was owed to him, that he planned to shoot soldiers on Fort Hood.
“Threats of this nature are taken seriously,” stated United States Attorney Richard L. Durbin, Jr.
FBI agents arrested Chestnut without incident on February 24, 2017. He has remained in federal custody since. A detention hearing for Chestnut is scheduled for 1:30pm on March 22, 2017, before U.S. Magistrate Judge Jeffrey C. Manske in Waco.
This investigation is being conducted by the FBI together with the U.S. Army Military Police Investigations at Fort Hood and the Hays County Sheriff’s Office. Assistant U.S. Attorney Greg Gloff and Special Assistant U.S. Attorney/Active Duty U.S. Army Captain J. Patrick Robinson are prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
San Antonio Man Sentenced to Federal Prison for Robbing BanksRead the Press Release
In San Antonio this morning, 45-year-old Joseph Krist was sentenced to more than 41 years in federal prison followed by three years of supervised release and ordered to pay a combined $17,833 restitution for two bank robberies announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On December 9, 2015, a federal jury convicted Krist of two counts of bank robbery by force or violence. Jurors found that Krist was responsible for the robberies of the Lone Star National Bank in San Antonio on November 23, 2012, and the Lone Star Capital Bank of San Antonio on January 7, 2013. Evidence presented during trial revealed that Krist stole approximately $9,645 from the Lone Star National Bank and approximately $8,188 from the Lone Star Capital Bank. Jurors also found that Krist used a firearm to assault a bank employee during the Lone Star Capital Bank robbery.
Finding Krist to be a danger to the community and a violent individual, United States District Judge Fred Biery sentenced Krist to 240 months in federal prison for the Lone Star National Bank robbery plus 262 months in federal prison for the Lone Star Capital Bank robbery. Judge Biery also ordered that those prison terms would run consecutive to each other and to a 30–year federal prison sentence Krist is currently serving for robbing a Corpus Christi bank in 2013.
On February 12, 2016, Judge Biery sentenced Krist’s co-defendant, 48-year-old Rebecca Marie Brown of San Antonio, to five years in federal prison and ordered her to pay $8,188 restitution, joint and severally with Krist, for her role in the Lone Star Capital Bank robbery.
This case was investigated by FBI and prosecuted by Assistant United States Attorneys Bettina Richardson and Charlie Strauss.
Former Central Texas Detention Facility–G.E.O. Prison Guard Pleads Guilty to Sexual Abuse of a WardRead the Press Release
In San Antonio, 35-year-old former Central Texas Detention Facility—G.E.O. prison guard Barbara Jean Goodwin faces up to 15 years in federal prison after admitting to having sexual relations with an inmate, announced United States Attorney Richard L. Durbin, Jr.; United States Marshal David Sligh; and, Christopher Combs, FBI Special Agent in Charge, San Antonio Division.
Appearing before United States Magistrate Judge John W. Primomo this afternoon, Goodwin pleaded guilty to one count of sexual abuse of a ward. By pleading guilty, Goodwin admitted that from February 2016 to August 2016, she engaged in sexual acts with a federal prisoner who at the time was under her custodial, supervisory or disciplinary authority.
Goodwin remains on bond pending sentencing scheduled for June 12, 2017, before Senior United States District Judge David A. Ezra.
This investigation was conducted by the U.S. Marshals Service together with the Federal Bureau of Investigation. Assistant United States Attorneys Sarah Wannarka and Christina Playton are prosecuting this case on behalf of the Government.
10 South Texas Hermandad De Pistoleros Latinos Gang Members and Associates Indicted on Variety of Drug Trafficking and Firearms ChargesRead the Press Release
Federal, state and local authorities have arrested ten members and associates of the Hermandad de Pistoleros Latinos gang (HPL) in a coordinated round-up in South Texas announced United States Attorney Richard L. Durbin, Jr., Western District of Texas; United States Attorney Kenneth Magidson, Southern District of Texas; Bexar County District Attorney Nicholas ‘Nico’ LaHood; Texas Department of Public Safety Director Steve McCraw; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; and, Federal Bureau of Investigation Special Agent in Charge Perrye K. Turner, Houston Division.
This three-year investigation focused on drug trafficking and members of the HPL and their associates in San Antonio, Corpus Christi and Houston. Those individuals arrested today in San Antonio (WDTX) include: 38-year-old HPL Lieutenant Ricardo Aguilar (aka “Indio”), 31-year-old Stephanie Pacheco, and 42-year-old Jesse Mendoza (aka “Chivo”). Those arrested today in the Southern District of Texas include: 40-year-old HPL Lieutenant Pacino San Miguel (aka Abuelo”) of Houston; 27-year-old HPL Lieutenant Jacob Gonzales (aka “Orbit) of Corpus Christi; 30-year-old Mario Alberto Ramirez of Corpus Christi; 26-year-old Leroy Rocha (aka “Tank”) of Corpus Christi; 55-year-old HPL Lieutenant Oscar Pena (aka “OP”) of Corpus Christi; and, 52-year-old Dorothy Babette Cuello (aka “Tiny”) of Corpus Christi. All of the above-named defendants remain in federal custody awaiting detention hearings in federal court next week.
A federal grand jury in San Antonio last month indicted Aguilar, Pacheco and Mendoza on one count conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The federal grand jury in San Antonio also indicted 36-year-old Robert Hewitty (aka “Looney”) on one count each of felon in possession of a firearm, possession with intent to distribute methamphetamine, and possession of a firearm during a drug trafficking crime. Hewitty was already in custody prior to today’s arrests. A Bexar County (state) grand jury this week also indicted Mendoza charging him with two counts of possession with intent to deliver 4-200g of methamphetamine.
Aguilar, Pacheco, and Hewitty all face between ten years and life in federal prison upon conviction. Mendoza faces between five years and forty years in federal prison, and up to life in state prison, upon conviction.
Yesterday, a federal grand jury in Corpus Christi (SDTX) indicted: Miguel, Gonzales and Ramirez on three counts, and Rocha on one count, of conspiracy to distribute methamphetamine. The federal grand jury also indicted Pena and Cuello on two counts of conspiracy to distribute heroin.
Gonzalez, Ramirez, Rocha, San Miguel, Pena and Cuello face up to 20 years in federal prison upon conviction.
This investigation was conducted by the Texas Department of Public Safety Criminal Investigations Division and the Federal Bureau of Investigation together with the San Antonio Police Department, Corpus Christi Police Department, Houston Police Department, Pasadena Police Department, Texas Department Criminal Justice Division-Office of the Inspector General, Harris County Sheriff’s Office and the Bexar County District Attorney’s Office.
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.
San Antonio Couple Plead Guilty to Conspiracy to Commit Wire Fraud and Identity TheftRead the Press Release
In San Antonio, 37-year-old Jessica Rivas Alva and her husband, 39-year-old Eric Jon Alva, face up to five years in federal prison after pleading guilty today to a scheme to defraud undocumented immigrants and their family members out of money by falsely claiming to work on behalf of two San Antonio attorneys, announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
Appearing before United States District Judge Xavier Rodriguez this morning, both defendants pleaded guilty to one count of conspiracy to commit wire fraud and aggravated identity theft. The charge to which the defendants pleaded guilty alleged that between March 2015 and May 2015, the couple conspired to collect legal fees from incarcerated undocumented immigrants and/or their families under false pretenses.
According to the charge, in April 2015, the Alvas faxed forged letters fraudulently using the name and state bar number of two San Antonio-based attorneys to enable Jessica Alva to gain access to two immigration detention facilities in Louisiana. While at the South Louisiana Correctional Center in Basile and the LaSalle Detention Facility in Jena, Jessica Alva met with detained immigrants and offered to have the attorneys provide legal services for a fee. The immigrants’ families were then instructed to deposit those fees into bank accounts that the Alvas controlled. Jessica Alva was not an attorney and was not actually working for either attorney at the time she made the fraudulent representations. Furthermore, at the time Jessica Alva entered the detention facilities, she was enjoined by a Texas state court from entering any immigration facility in the United States unless accompanied by an attorney for whom she worked.
The conspiracy charge to which the Alvas pleaded guilty also alleged that during telephonic immigration hearings before an immigration court, Eric Alva impersonated one of the San Antonio attorneys and claimed to represent the detained immigrant whose case was before the court.
Both defendants remain on bond pending sentencing scheduled for June 7, 2017, before Judge Rodriguez.
This case was investigated by agents with HSI and Enforcement and Removal Operations for Immigration and Customs Enforcement in cooperation with the Texas Attorney General's Office. Assistant United States Attorney Alan Buie is prosecuting this case on behalf of the Government.
Irvin Gonzalez Indicted in El Paso for Re-Entry After DeportationRead the Press Release
In El Paso, a federal grand jury has returned an indictment against 33-year-old Irvin Gonzalez, a Mexican National, for illegally re-entering the United States after being deported announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
The indictment, returned late yesterday afternoon, alleges that on February 9, 2017, Gonzalez was found in the United States after having been deported from the country in January 2016 and without the express consent to re-apply for admission from the United States Attorney General and the Secretary of Homeland Security.
According to court records, Gonzalez, who also goes by the names Irvin Edamir Gonzalez-Torres, Ervin Gonzalez, and Ervin Edamin Gonzalez, was found on the morning of February 9, 2017, by HSI Task Force agents as the defendant was appearing for a court hearing at the El Paso County Courthouse. Court records also reflect that Gonzalez was convicted in the Western District of Texas for re-entry after deportation and possession of stolen mail and was sentenced on October 28, 2015, to imprisonment for one year. Federal authorities have removed Gonzalez from the United States on five different occasions dating back to 2011.
Gonzalez remains in federal custody. Upon conviction, Gonzalez faces up to ten years in federal prison. No further court dates have been scheduled.
This investigation was conducted by HSI. Assistant United States Attorney Steve Jurecky is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Federal Grand Jury Returns Superseding Indictment Against Bandidos Outlaw Motorcycle Organization LeadershipRead the Press Release
In San Antonio, a federal grand jury has returned a second superseding indictment against the highest ranking leaders of the Bandidos Outlaw Motorcycle Organization (OMO), adding four new defendants and additional murder-related charges.
That announcement was made today by United States Attorney Richard L. Durbin, Jr., Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; Austin Police Chief Brian Manley; and, San Antonio Police Chief William McManus.
This morning, federal, state and local authorities arrested 47–year-old Bandidos National Sergeant at Arms Johnny Romo (aka “Downtown Johnny”) of San Antonio; 45-year-old Bandidos San Antonio Centro Chapter member Robert Romo of San Antonio; 40-year-old Bandidos San Antonio Centro Chapter Sergeant at Arms Jesse James Benavidez (aka “Kronic”) of San Antonio; and, 35-year-old Bandidos San Antonio Centro Chapter member Norberto Serna, Jr. (aka “Hammer”) of San Antonio for their roles in the 2006 murder of Anthony Benesh. Authorities apprehended Johnny Romo in Waco, TX; the other three, in San Antonio. The 12-count second superseding indictment, unsealed late this afternoon in San Antonio, charges all four with one count of discharging a firearm during a murder in aid of racketeering. Johnny Romo and Robert Romo are also charged with murder in aid of racketeering.
The indictment alleges that Benesh was attempting to start a Texas Chapter of the Hell’s Angels OMO in Austin, Texas in 2006. Members of the Bandidos OMO warned Benesh to cease his activities and recruitment, which Benesh ignored. The four then murdered Benesh on March 18, 2006, outside an Austin restaurant to protect the power, reputation and territory of the Bandidos enterprise.
Included in the indictment are the previous federal charges filed against 61–year-old Bandidos National President Jeffrey Fay Pike of Conroe, TX, and 57–year-old National Vice President John Xavier Portillo of San Antonio. Portillo also faces a new charge (discharging a firearm during a murder in aid of racketeering) for his role in the retaliation murder of Robert Lara in January 2002 in Atascosa County for killing one of their own. Javier Negrete, a member of the same Bandidos OMO chapter as Portillo, was killed outside a San Antonio bar in October 2001.
Pike and Portillo are charged with one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; one count of conspiracy to commit violent crimes in aid of racketeering (VICAR); and one count of conspiracy to interfere with commerce by extortion.
Portillo is also charged with: one count of VICAR (murder); two counts of aiding and abetting VICAR (assault with a deadly weapon); one count of conspiracy to possess with intent to distribute methamphetamine and cocaine; one count of possession with intent to distribute cocaine; and, one count of felon in possession of a firearm.
Pike and Portillo are accused of directing, sanctioning, approving and permitting members of the Bandidos organization to carry out racketeering acts including murder, attempted murder, robbery, assault, intimidation, extortion and drug trafficking to protect and enhance the organization’s power, territory, reputation and profits.
According to court records, the Bandidos OMO declared it was “at war” with the Cossacks OMO. The indictment specifically alleges a number of violent acts committed by Bandidos OMO members in furtherance of this “war.” The indictment also alleges that Portillo and other members of the Bandidos OMO were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos OMO members were not required to pay the 10-percent “dime” to the Texas Mexican Mafia in exchange for permission to traffic narcotics.
Pike is currently out on bond pending trial. Portillo remains incarcerated pending trial. Jury selection is currently scheduled for August 7, 2017. The other defendants remain in custody pending detention hearings next week before United States Magistrate Judge John Primomo in San Antonio. Upon conviction, the defendants face up to life in federal prison.
This ongoing investigation is being conducted by the FBI, DEA and Texas DPS together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, and the Bexar County District Attorney’s Office.
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.
A.B.I.A. Baggage Handler Charged with Stealing FirearmsRead the Press Release
In Austin this morning, a 25-year-old baggage handler at Austin Bergstrom International Airport (ABIA) surrendered to FBI agents based on a federal criminal complaint charging him with theft from an interstate shipment and possession of stolen firearms announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Austin Police Chief Brian Manley.
The complaint alleges that between November 29, 2016, and February 2, 2017, Ja’Quan Johnson of Austin stole numerous handguns from inside passenger bags at ABIA. The complaint further alleges that Johnson traded some of the stolen firearms for marijuana. So far, Austin Police have recovered seven firearms allegedly stolen by Johnson.
Upon conviction, Johnson faces up to ten years in federal prison for theft from an interstate shipment and up to ten years in federal prison for possession of each stolen firearm.
Johnson was released on a personal recognizance bond following his initial appearance this afternoon before United States Magistrate Judge Andrew W. Austin. No further court dates have been scheduled.
This investigation is being conducted by the Federal Bureau of Investigation, Transportation Security Administration and the Austin Police Department’s Aviation Division.
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.
San Antonio Attorney Sentenced in Federal CourtRead the Press Release
In San Antonio today, 65-year-old Hugh Lappe Scott, Jr., a local San Antonio attorney, was sentenced to six months in federal prison for being an accessory after the fact announced United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered that Scott serve 6 months of home detention with electronic monitoring, surrender his law license, pay $1,209,692.60 restitution and be placed on supervised release for a period of three years after completing his imprisonment.
On January 14, 2016, Scott pleaded guilty to a one-count information charging him with knowing that the offense of Health Care Fraud had been committed against the United States. By pleading guilty, Scott admitted that he was general counsel for United Re, a Swiss corporation established and represented to be in the business of administering reinsurance, also known as stop loss, stop gap, and overlay insurance for health care benefit programs. During a deposition in January 2010, Scott stated under oath that a company called Vado AG was a reinsurer of United Re when he knew Vado AG could not pay claims made against United Re and thereby hindered the investigation of United Re.
This case was investigated by the Department of Labor. Assistant United States Attorney William R. Harris prosecuted this case for the Government.
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Owner of DTS Medical Supply Sentenced to 27 Years in Connection with $3.5 Million Health Care Fraud SchemeRead the Press Release
In San Antonio today, 55-year-old Daniel Thomason Smith was sentenced to 324 months in federal prison for his role in an estimated $3.5 million Health Care Fraud scheme announced United States Attorney Richard L. Durbin, Jr., FBI Special Agent in Charge Christopher Combs and Texas Attorney General Ken Paxton.
In addition to the prison term handed down this morning, United States District Judge Alia Moses ordered Smith to pay $3,269,300.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On June 28, 2016, a federal jury convicted Smith and his co-defendant, Kathleen Marina Kelly-Tuorila of one count of conspiracy to commit Health Care Fraud, one count of aiding and abetting Health Care Fraud, eleven counts of aiding and abetting aggravated identity theft and eight counts of aiding and abetting false statements related to a Health Care matter.
Both Medicare and Medicaid provide qualified beneficiaries with financial remuneration for the purchase of prescribed and necessary medical equipment. Such medical equipment would include powered wheelchairs, powered scooters and accessories related to those two devices. Medicare and Medicaid set a rate of compensation for each of these devices and the rate of compensation differed between devices and was to be based on the type of device that was prescribed for the beneficiary and delivered to the beneficiary.
Evidence presented during trial revealed that between May 2006 and January 2010, the defendants conspired to submit numerous false and fraudulent benefit claims to Medicaid and Medicare seeking compensation for powered wheelchairs. Smith employed Robin Renee Haigler, a third defendant in this case, on a commission basis to recruit customers primarily in the Waco area. Kelly-Tuorila used the collected customer information from Haigler to generate and submit fraudulent claims for reimbursement to Medicaid and Medicare for powered wheelchairs. According to court testimony regarding the aggravated identity counts, names of physicians were used to support claims for reimbursement when the named physician never prescribed a powered wheelchair for the customer and, in some instances, didn’t even know the customer and had never had them as a patient. Evidence also revealed that even though DTS billed for powered wheelchairs, they delivered less-expensive powered scooters to customers, which resulted in a larger payment from Medicaid/Medicare and a larger percentage of profit for DTS and Smith.
Defendants Smith and Kelly-Tuorila have been held in federal custody since the jury verdict in June 2016. Sentencing for Kelly-Tuorila has yet to be scheduled. The third defendant in this case, 60–year-old Robin Renee Haigler of Waco, TX, pleaded guilty to the conspiracy charge on August 17, 2015. Haigler was sentenced on November 7, 2016 to 87 months of federal imprisonment.
This investigation was conducted by the agents with the Federal Bureau of Investigation together with investigators from the Texas Attorney General’s Medicaid Fraud Control Unit. Assistant United States Attorney Greg Surovic and Special Assistant United States Attorney Rex Beasley are prosecuting this case on behalf of the Government.
Husband and Wife Sentenced to Federal Prison for Production of Child PornographyRead the Press Release
In San Antonio yesterday, 27-year-old William Richard Welsh and 23-year-old Ashleigh Nicole Browning Welsh were sentenced to 327 months in federal prison for production of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered the Welshes be placed under supervised release for a period of 20 years after completing their prison term.
According to court records, HSI received information that a New Zealand individual was receiving images and videos depicting children engaged in sexually explicit conduct from a Kik Messenger account with subscriber information indicating the account holder resided in San Antonio. Authorities were able to identify the adults in the videos as the Welshes living in the San Antonio, TX area.
Agents from HSI interviewed the Welshes who admitted to producing the child pornography in their home at that time in Stockdale, TX.
The Welshes have remained in custody since being arrested in December 2015. On October 6, 2016, Ashleigh Welsh pleaded guilty to three counts of production of child pornography and on October 13, 2016, William Welsh pleaded guilty to three counts of production of child pornography.
“The heavy sentence imposed on Mr. and Mrs. Welsh sends a clear message that there are serious consequences for those who exploit children in any way,” said Special Agent in Charge, Shane Folden, HSI San Antonio. “Targeting crimes of this nature is a high priority for HSI. We will continue to dedicate HSI resources worldwide to identify and bring to justice these individuals."
This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 14,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2015, nearly 2,400 individuals were arrested by HSI special agents under this initiative and more than 1,000 victims identified or rescued.
HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page.
This investigation was conducted by the U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Guadalupe County Sheriff’s Office. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the government.
Boerne Couple Sentenced in Federal Court for Bankruptcy FraudRead the Press Release
In San Antonio today, a federal judge sentenced 54–year-old Kathy Suzanne DeBerry to five years of federal probation and on Thursday of last week sentenced 56-year-old Curtis Harold DeBerry to 24 months in federal prison for bankruptcy fraud announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered Curtis DeBerry to pay $800,000 in restitution and to be placed on supervised release for a period of three years after completing his prison term.
On August 16, 2016, Curtis and Kathy DeBerry, residents of Boerne, TX, pled guilty to one count of bankruptcy fraud. By pleading guilty, the DeBerrys admitted that on or about February 10, 2014, Curtis DeBerry filed a Chapter 7 Bankruptcy in the Western District of Texas. They also admitted that between April 16, 2013, and continuing through August 18, 2014, the DeBerrys knowingly and fraudulently concealed 100,000 shares of stock valued at $200,000 from creditors and trustees charged with custody of such property.
This case was investigated by the FBI. Assistant U.S. Attorneys Erica Benites Giese and Christina Playton prosecuted this case on behalf of the Government.
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San Antonio I.S.D. Trustee Arrested in Connection with a Bribery and Kickback SchemeRead the Press Release
In San Antonio this morning, FBI agents arrested 66–year-old San Antonio Independent School District (SAISD) Trustee Olga Hernandez for her alleged role in a bribery scheme depriving taxpayers of honest services announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
A federal grand jury indictment unsealed this afternoon, alleges that from March 2008 to May 2015, Hernandez conspired with Samuel Mullen, Chief Financial Officer of the Mullen Pension & Benefits Group, LLC; Joshua Cerna, Vice President of Strategic Markets for the Mullen Group; and, William Haff, a paid independent insurance consultant, to defraud SAISD and taxpayers in securing health insurance services contracts for school district employees by corrupt practices.
Specifically, the indictment alleges that Hernandez accepted bribes in the form of cash, jewelry, and travel from co-conspirators for her influence on the SAISD Board of Trustees and her vote on numerous insurance services contracts awarded to companies with whom the Mullen Group had a financial interest.
Upon conviction, Hernandez faces up to 20 years in federal prison.
This investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorneys Mark Roomberg and Joseph Blackwell are prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Three Arrested in San Antonio Charged in Connection with Shooting of U.S. Mail CarrierRead the Press Release
This morning, federal and local authorities arrested three San Antonio residents without incident in connection with a mail theft scheme that involved the shooting of a U.S. Mail carrier last week in Spring Branch, TX, announced United States Attorney Richard L. Durbin, Jr.; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.
A federal criminal complaint filed this afternoon charges 22–year-old Bradley A’Hearn and 26–year-old Sara Richford with one count of assault of a federal agent; one count of carjacking; one count of violating the Hobbs Act (interference with Commerce by violence); and, one count of mail theft. A second criminal complaint filed this afternoon charges 40-year-old Piper Lee with one count of aiding and abetting the assault of a federal officer.
The affidavit in support of the criminal complaints alleges that on February 11, 2017, A’Hearn shot a female U.S. Mail carrier as she was delivering mail to cluster of mailboxes in Spring Branch, TX, when she would not give him her cell phone. The victim is recovering from a gunshot wound to her leg. A’Hearn left the scene in the victim’s pickup truck which still contained the victim’s purse and personal effects as well as a considerable amount of U.S. Mail. Richford, driving a maroon/brown colored Toyota Venza, followed A’Hearn as he left the scene.
Furthermore, the complaint states that on February 13, 2017, a U.S. Postal Inspection Service agent near the site of the shooting recognized the Toyota Venza vehicle. The agent, while attempting to stop the vehicle, was allegedly fired upon by A’Hearn. Other law enforcement personnel, who subsequently joined the pursuit, were also fired upon by A’Hearn. The defendants managed to avoid capture.
The complaint also alleges that on February 14, 2017, agents were notified by employees of a local motel of the presence of a large amount of U.S. Mail and a handgun in one of their rooms. 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 another vehicle being utilized by the defendants, a yellow Volkswagen. Agents observed the defendants leave the motel in the yellow Volkswagen and requested San Antonio police to initiate a stop of the vehicle. defendants failed to yield to SAPD officers and the occupants began shooting at the police. Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement.
At approximately 9:00 this morning, San Antonio police officers, acting on information provided to investigators, arrested the defendants without incident in a parking lot of a different local motel.
Upon conviction, A’Hearn and Richford face up to 20 years in federal prison for assault of a federal agent; up to 25 years in federal prison for carjacking; and, up to 20 years in federal prison for violating the Hobbs Act; and up to five years in federal prison for mail theft. Lee faces up to 20 years in federal prison upon conviction for aiding and abetting the assault of a federal officer).
All three defendants are scheduled for an initial appearance tomorrow at 11:00am in front of U.S. Magistrate Judge Henry J. Bemporad. Detention hearings are likely to be scheduled for next week.
It is important to note that a criminal complaint is merely a charge and should not be evidence of guilt. The defendants are innocent until proven guilty in a court of law.
This matter is being investigated by 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). Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.
New Jersey Minor Waives Adult Certification and Pleads Guilty to Making Bomb Threats to Sul Ross State University and the Big Bend Regional Medical Center in Alpine, TexasRead the Press Release
In Midland, a New Jersey minor waived adult certification and pleaded guilty to federal charges in connection with bomb threats to Sul Ross State University (SRSU) and the Big Bend Regional Medical Center (BBRMC) in Alpine as well as threats to a former State Representative last September announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division.
This afternoon, U.S. District Judge Robert A. Junell granted a request by 17–year-old Nicholas Kyle Martino of Sewell, Washington Township, NJ, to be prosecuted as an adult in federal court. Afterwards, Martino appeared before United States Magistrate Judge David Counts and entered guilty pleas to four counts of interstate threats to injure persons.
Information provided in court revealed that Martino engaged in “SWATing” schemes. “SWATing” is the term commonly used to describe an act of tricking law enforcement or first responders into dispatching emergency resources based on a hoax threat.
Martino admitted to making two phone calls to the Brewster County Sheriff’s Office on September 8, 2016, and making a hoax bomb threat to SRSU. Approximately two hours later, Martino followed up with a phone call to the BBRMC threatening to kill everyone in the hospital. Those malicious communications occurred on the same day law enforcement and first responders were responding to an active shooter at the Alpine High School wherein one student received a non-life threatening gunshot wound and the shooter committed suicide.
Martino also admitted to communicating threats via Twitter on September 10, 2016, to kill former Texas State Representative Pete Gallego and his family as well as another threat to bomb SRSU.
Each charge calls for up to five years in federal prison. Sentencing is scheduled for May 10, 2017, before Judge Junell. Martino has remained in federal custody since his arrest at his residence on December 1, 2016.
This investigation was conducted by agents with the Federal Bureau of Investigation in Midland, Philadelphia (PA), Eau Clare (WI), Nashville (TN), and Seattle (WA); Brewster County Sheriff’s Office; Washington Township Police Department (NJ); Menomonie Police Department (WI); Halifax Regional Police (Nova Scotia, Canada); Wake Forest Police Department (NC); Volusia County Sheriff’s Department (FL); Clermont County Sheriff’s Department (OH); and, the Union Township Police Department (OH). Assistant United States Attorney James J. Miller, Jr., and Debra Kanof are prosecuting this case on behalf of the Government.
Mexican National Found Near Crystal City 12 Days After Deportation Receives Three Years in Federal PrisonRead the Press Release
In Del Rio, a federal judge this week sentenced 34–year-old Salvador Sanchez-Reyes, a citizen of Mexico, to three years in federal prison for returning to the United States less than two weeks after deportation announced United States Attorney Richard L. Durbin, Jr., and Border Patrol Acting Chief Patrol Agent Matthew J. Hudak, Del Rio Sector.
According to court records, on March 7, 2016, U.S. Border Patrol agents discovered Sanchez-Reyes in the brush on the Simpson Ranch near Crystal City, TX. Sanchez-Reyes resisted arrest and attempted to escape, but was quickly apprehended at the scene. During sentencing on Monday, United States District Judge Alia Moses handed down a sentence above the guideline range to take into account his efforts to resist arrest and evade the Border Patrol agents.
On February 23, 2016, Sanchez-Reyes was formally deported from the United States through Laredo, TX.
On July 27, 20116, Sanchez-Reyes pleaded guilty to one count of re-entry after deportation.
This case was investigated by the U.S. Border Patrol and prosecuted by Assistant United States Attorney Paul T. Harle.
Undocumented Alien Charged with Assaulting a Federal Deportation OfficerRead the Press Release
In Austin today, federal authorities filed a criminal complaint charging 23-year-old Mexican National Hugo Baltazar-Ramirez with assaulting a federal deportation officer last week announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
According to the complaint, an Immigration and Customs Enforcement (ICE) officer, who was acting within the scope of his duty and on information gleaned from an official immigration database, effected a traffic stop on the defendant’s vehicle along Highway 183 in Austin on February 10, 2017. The officer advised Baltazar-Ramirez that he was being placed under arrest and asked the defendant to exit the vehicle. Baltazar-Ramirez impeded his arrest by running from the officer. When the officer caught up to the defendant, Baltazar-Ramirez physically struggled with the officer, forcibly assaulting him. Baltazar-Ramirez inflicted bodily injury to the officer by hitting his head against the ground several times. A second officer, who arrived on the scene during the struggle, provided assistance with placing Baltazar-Ramirez in handcuffs. The injured officer was transported by ambulance to a local hospital for treatment and subsequently released.
Baltazar-Ramirez remains in federal custody at this time. Upon conviction, Baltazar-Ramirez faces up to 20 years in federal prison. A preliminary and detention hearing in this matter is scheduled for 9:00am on February 28, 2017, before U.S. Magistrate Judge Mark Lane.
This investigation was conducted by the Federal Bureau of Investigation.
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.
El Paso Behavioral Health Facility Pays $860,000 to Resolve False Claims Act Allegations Under Civil Settlement with United StatesRead the Press Release
Today, University Behavioral Health of El Paso, LLC (“UBH”) paid $860,000 under a civil settlement with the Department of Justice to resolve allegations under the False Claims Act that the hospital paid unlawful remuneration under the Anti-Kickback Act and violated the Stark Law when it improperly paid a physician who made referrals to the hospital pursuant to a personal services agreement.
That announcement was made today by United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
The allegations resolved in the settlement include the submission of false claims to Medicare that were tainted by the payment of kickbacks to a physician under the guise of a professional services agreement, in return for the physician’s referral of patients to UBH. Specifically, the physician received payments above fair market value, or for services not rendered, and made improper referrals to the hospital for Medicare-reimbursed services.
Federal law, including the Anti-Kickback Act and the Stark Law, seeks to ensure that services reimbursable by federal healthcare programs are based on the best interests of patients rather than the personal financial interests of referring physicians.
The settlement covers certain claims submitted to Medicare by UBH for the period from February 1, 2010, through December 31, 2013. The professional services agreement at issue was entered into by a previous owner of UBH. In October 2012, University Health Services, Inc. (“UHS”) acquired UBH, which operated the hospital known as University Behavioral Health, now known as the El Paso Behavioral Health System. UHS terminated the professional services agreement effective December 31, 2013.
The settlement announced today was the result of an investigation by the U.S. Attorney’s Office for the Western District of Texas and the Federal Bureau of Investigation with assistance from the U.S. Department of Health and Human Services, Office of Inspector General. Assistant United States Attorney Susan Strawn handled the investigation for the United States Attorney’s Office.
Authorities Arrest Six in Odessa for Credit Card Skimming Device SchemeRead the Press Release
This morning, authorities arrested six Cuban nationals for their roles in an alleged credit card skimming device scheme announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, Texas Comptroller of Public Accounts Glen Hegar and Ector County Sheriff Mike Griffis.
A federal grand jury indictment, returned on January 25, 2017 and unsealed today, charges the following individuals with one count of access device fraud and one count of aggravated identity theft: Juan Adelmo Bermudez, age 46; Jorge Manuel Batista-Gonzalez, age 37; Michel Sarmiento, age 36; Andy Cruz-Leyva, age 45; Sandra Alva Escobar-Carballosa, age 31; and, Livan Sanchez-Leyva, age 38.
According to the indictment, since January 1, 2015, the defendants, under the direction of Livan Sanchez-Leyva and his wife, Sandra Alva Escobar-Carballosa, allegedly conspired to place skimming devices on pumps at local gas stations in order to steal credit card numbers and personal identification information from members of the public. The defendants would then use the stolen information to produce and use “cloned” credit cards to purchase hundreds of gallons of diesel fuel from local gas stations. After acquiring the diesel fuel, the defendants then sold it to others. The known loss amount resulting from the defendants’ scheme is estimated to be more than $37,000.
Upon conviction, the defendants face up to ten years in federal prison for access device fraud and a mandatory two years in federal prison for aggravated identity theft. The defendants remain in federal custody pending detention hearings scheduled for next week.
This investigation was conducted by the FBI’s Permian Basin Oilfield Theft Task Force; Texas Comptroller’s Office - Criminal Investigation Division; and, the Ector County Sheriff’s Office. Homeland Security Investigations (HSI); Immigration and Customs Enforcement (ICE); United States Marshals Service; Texas Department of Public Safety (DPS); Odessa Police Department; Midland County Sheriff’s Office; and, the Reeves County Sheriff’s Office assisted in today’s arrests. Assistant United States Attorney V. LaTawn Warsaw is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Uvalde Man Sentenced to Maximum 20 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
In Del Rio yesterday afternoon, 35-year-old Juan Ramon Gutierrez of Uvalde, TX, was sentenced to the statutory maximum of 20 years in federal prison for receipt of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison term, United States District Judge Alia Moses ordered that Gutierrez pay a $2,000 fine and be placed on supervised release for a period of ten years after completing his prison term.
On March 31, 2016, Gutierrez pleaded guilty to the federal charge. By pleading guilty, Gutierrez admitted that he was in possession of child pornography which he downloaded using the internet. These images showed minors engaged in sexually explicit conduct and also portrayed sadistic sexual conduct towards minors.
On June 27, 2014, HSI agents obtained a search warrant for the defendant’s cellular phone. Approximately two weeks later, authorities seized the defendant’s laptop computer. Subsequent examinations of the seized laptop and cell phone revealed the presence of 228 images and a video clip depicting child pornography.
This investigation was conducted by HSI together with the Uvalde County Sheriff’s Office. Assistant United States Attorneys Goran Krnaich and Matthew H. Watters prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.
Federal Child Pornography Charge Filed Against Prominent San Antonio PhotographerRead the Press Release
In San Antonio, 46–year-old professional photographer Christopher Alexander Reilly, doing business as Chris Reilly Photography, is charged with one count of receipt of child pornography announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
A federal complaint unsealed this morning, alleges that Reilly downloaded child pornography from the Internet onto a computer hard drive last month. According to the complaint, on January 24, 2017, a data recovery firm reported to the FBI that they discovered videos depicting minors engaged in sexually explicit conduct on one of two hard drives submitted for recovery by the defendant.
FBI agents took possession of both computer hard drives and on Tuesday, executed a search warrant at Reilly’s residence where they seized his cellphone as well as an assortment of photography equipment, computers, and storage devices.
At this time, investigators have not positively identified any of Reilly's clients or subjects of his professional photography in child porn images. However, the investigation is continuing.
“As this investigation moves forward, the FBI will continue to focus significant resources on identifying and notifying those who were potentially victimized by the defendant to ensure they are provided appropriate access to victim services and support,” stated FBI SAC Combs. “Anyone possessing information about improper or unlawful activities by Reilly or the production of child pornography should contact the FBI in San Antonio at (210) 225-6741.”
Reilly remains in federal custody following his arrest yesterday afternoon and initial appearance in federal court this morning. Upon conviction, Reilly faces between five and 20 years in federal prison. A detention hearing for the defendant is scheduled for 10:00am on February 7, 2017, before United States Magistrate Judge Henry J. Bemporad in San Antonio.
Assistant United States Attorney Tracy Thompson 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.
El Paso Duo Sentenced to Federal Prison for an Estimated $2 Million Ponzi SchemeRead the Press Release
Two El Paso men were sentenced to federal prison terms and ordered to pay $2,013,242 restitution to their victims for carrying out an extensive Ponzi scheme announced United States Attorney Richard L. Durbin, Jr.; Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division; and, Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas Lindquist, El Paso Division.
This morning, Senior United States District Judge David Briones sentenced 59–year-old Clarence Counterman, owner of an income tax return preparation business known as Taxrite, to 12 years in federal prison followed by three years of supervised release. Judge Briones also sentenced Counterman’s co-defendant, 52–year-old Robert Loya, to ten years in federal prison followed by five years of supervised release. At the conclusion of today’s hearing, Judge Briones remanded both defendants, who had previously been out on bond, into U.S. Marshals Service custody.
“This classic pyramid scheme robbed unsuspecting investors in new energy technology of more than two million dollars. The punishments meted out by the Court fairly reflect the magnitude of the theft, which the defendants perpetuated for almost five years,” stated United States Attorney Richard L. Durbin, Jr.
On November 2, 2016, jurors convicted the pair of one count of conspiracy to commit wire fraud. Jurors also convicted Counterman and Loya of 14 and 13 substantive wire fraud counts, respectively. Jurors acquitted Loya of two substantive wire fraud charges and Counterman of one substantive wire fraud charge.
Evidence presented during trial revealed that from December 2008 to October 2013, the defendants conspired to convince others, including Counterman’s tax preparation clients, into investing into their solar energy related companies, including Renewable Energy Consultant, Inc. (Nevada); EP Solar Technologies, Inc. (Nevada); LITTCE, Inc. (Texas); and, Eco Global Corporation (Texas) by promising high rates of return. Contrary to the agreements with the victim investors, a significant amount of money was converted for personal use by Counterman, Loya and a third defendant, 54-year-old Leopoldo Parra of El Paso. The defendants also paid some returns to earlier investors from monies paid in by newer investors rather than from profits earned by these companies in an effort to avoid detection of their scheme and to lull investors into a false sense of security. Testimony during trial revealed that more than 50 investors lost more than a combined $2.1 million as a result of the defendants’ fraudulent scheme.
On November 30, 2016, Parra was sentenced to 30 months in federal prison followed by three years of supervised release and ordered to pay $486,695 restitution. August 10, 2016, Parra pleaded guilty to the conspiracy charge and one substantive wire fraud charge.
“These are significant sentences and should serve as a warning to those who seek to profit from fraudulent schemes,” said HSI Special Agent in Charge Waldemar Rodriguez, El Paso. “HSI is actively engaged in identifying these individuals and stopping their deceitful and unlawful endeavors.”
“This result reflects the hard work of the FBI and our partners in El Paso to protect the community from predatory practices that would cheat citizens out of their hard-earned income,” stated FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division
Assistant United States Attorneys Steve Spitzer and Chris Skillern prosecuted this case on behalf of the Government.
Federal Jury Convicts El Paso Drug TraffickerRead the Press Release
In El Paso, an El Paso man faces between ten years and life in federal prison after a federal jury convicted him on multiple drug trafficking charges announced United States Attorney Richard L. Durbin, Jr. and Drug Enforcement Administration Special Agent in Charge Will R. Glaspy, El Paso Division.
Following a week-long trial, the jury convicted 56–year-old David Lopez yesterday afternoon of one count of conspiracy to possess over 1,000 kilograms of marijuana and one count of possession of over 100 kilograms of marijuana. Evidence presented at trial revealed that David Lopez had been transporting marijuana from El Paso, Texas to cities in the United States from August 2001 until August 2015. Lopez utilized commercial tractor trailers driven by himself and other hired drivers. In total, the DEA was able to historically connect significant marijuana seizures in Sierra Blanca (TX), Abilene (TX), Alamogordo (NM), and Pratt County (KS), totaling over 3,300 kilograms of marijuana. Additional evidence was presented that Lopez attempted to hire a confidential source and an undercover officer to transport marijuana for him.
Furthermore, in 2010, Lopez was stopped in Clark County, KS. After a K-9 alerted to his vehicle, officers found $130,000 in his suitcase. Lopez denied any knowledge of the cash, though the cash was packaged similar to the $53,000 cash found in his safe after a search of his residence in 2015.
In a separate forfeiture trial which followed the trial on drug charges, the government presented additional testimony and documents showing that Lopez had acquired and utilized tractor trailers, personal vehicles, and his residence to operate his drug transportation business. Those assets, and others obtained from the money acquired from his illegal transportation of marijuana, were ordered forfeited to the government.
Lopez has remained in federal custody since his arrest on June 3, 2016. He is scheduled to be sentenced at 8:00am on April 6, 2017, before U.S. District Judge Philip R. Martinez.
“With this conviction, DEA and our law enforcement partners are working together to have a positive impact at the local level. We are sending a strong and unified message that drug dealing, at all levels, will not be tolerated, and, in turn, we are making our communities safer,” said Will R. Glaspy, DEA Special Agent in Charge.
This case resulted from an investigation conducted by DEA El Paso, DEA Kansas City, El Paso County Sheriff’s Office, El Paso Police Department, Anthony Police Department, United States Border Patrol, Kansas Highway Patrol, Clark County Kansas Sheriff’s Office, Kansas Bureau of Investigation, and Homeland Security Investigations with the assistance of The Document and Media Exploitation (DOMEX) El Paso Branch.
Los Zetas Cartel Operative Sentenced to Federal Prison for Cocaine TraffickingRead the Press Release
In San Antonio today, 44-year-old Sergio Heredia (aka “Keko,” “Sobrino”) of Piedras Negras, Mexico, was sentenced to 15 years in federal prison for trafficking hundreds of kilograms of cocaine announced United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration (DEA) Special Agent in Charge Joseph Arabit, Houston Division and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In August 2015, Heredia pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine. By pleading guilty, Heredia admitted that from January 2007 to May 2015, he conspired with others to distribute more than five kilograms of cocaine in the United States.
According to evidence in this case, Heredia and others trafficked cocaine and marijuana for distribution in San Antonio, Fort Worth and elsewhere. It was done, in part, through a San Antonio-based network of drug distributors and money launderers led by 34–year-old San Antonio resident Walter Jacobo. This investigation revealed that the source of drug supply to Jacobo’s organization, as well as several other organizations involved in this scheme, was the Los Zetas Cartel. Together, they were responsible for the trafficking of more than 180,000 pounds of marijuana, hundreds of kilograms of cocaine, in excess of $18 million in U.S. currency, dozens of firearms and thousands of rounds of ammunition.
This investigation has resulted in the conviction of 18 individuals on federal charges. Twelve (12) have been sentenced; six (6) remain in custody pending sentencing. Sentences range from 20 years in federal prison to probation. On January 19, 2017, Jacobo was sentenced to ten years in federal prison followed by five years of supervised release for his role in the scheme.
This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by a High Intensity Drug Trafficking Area (HIDTA) San Antonio group comprised of investigators from DEA, HSI, Internal Revenue Service-Criminal Investigation, San Antonio Police Department, Hollywood Park Police Department and the Bexar County Sheriff’s Office.
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.
Wife of Former Supervisory Customs and Border Protection Officer Pleads Guilty to Alien Smuggling ConspiracyRead the Press Release
In El Paso today, the wife of former Supervisory Customs and Border Protection Officer Lawrence Madrid who failed to appear for trial last year pleaded guilty to her role in an alien smuggling and bribery scheme announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Assistant Special Agent in Charge Jeff Mayfield, (ASAC) Las Cruces; and, Department of Homeland Security-Office of Inspector General Special Agent in Charge Javy Pedroza.
Appearing before Senior United States District Judge David Briones, 39-year-old Odet Madrid-Corchado pleaded guilty to one count of conspiracy to commit alien smuggling for financial gain, one substantive count of alien smuggling for financial gain and one count of bribery of a public official. Odet Madrid-Corchado, who has remained in custody following her arrest on November 29, 2016, faces not more than ten years imprisonment on the conspiracy charge, between three and ten years imprisonment for the substantive alien smuggling charge, and not more than 15 years imprisonment for the bribery charge. Sentencing is scheduled for 9:30am on April 5, 2017.
According to court records, from August 2010 to September 2011, Odet Madrid-Corchado conspired with her husband and others to encourage/induce undocumented aliens to come to, enter, and reside in the United States without proper authorization. Specifically, Odet Madrid-Corchado facilitated the crossing of aliens through ports of entry and collected the smuggling fees. During the conspiracy, Lawrence Madrid accepted money for using his official position to allow undocumented aliens to be smuggled through the ports of entry in El Paso.
An arrest warrant was issued for Odet Madrid-Corchado after she failed to appear with her husband for trial. Her $10,000 appearance bond has been forfeited to the Government. On May 26, 2016, a federal jury in El Paso found Lawrence Madrid guilty of conspiracy to commit alien smuggling for financial gain, aiding and abetting alien smuggling for financial gain, and two substantive counts of accepting a bribe. Lawrence Madrid is currently serving a 90-month federal prison sentence handed down on September 9, 2016,
A third defendant in this case, 46-year-old undocumented alien Maria Guadalupe Jaime-Hernandez, is also considered a fugitive after failing to appear for sentencing in September 2016. On May 5, 2016, Jaime-Hernandez pleaded guilty to one count of conspiracy to commit alien smuggling for financial gain. Her $10,000 appearance bond has been forfeited to the Government and a warrant has been issued for her arrest.
This case was investigated by the Homeland Security Investigations (HSI) Las Cruces Office together with the Department of Homeland Security-Office of Inspector General Investigations. Assistant United States Attorneys Greg McDonald and Robert Almonte are prosecuting this case on behalf of the Government.
Federal Grand Jury in El Paso Indicts Seven in Bank Fraud SchemeRead the Press Release
In El Paso today, a federal grand jury indicted seven individuals for allegedly defrauding multiple local banks and credit unions through applications for at least $237,000 in personal loans and lines of credit announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
The 16–count indictment charges 38–year-old former Michael Nedal Annabi of Santa Teresa, NM; his wife, 33-year-old Perla Maldonado Annabi; 33-year-old Basem Elgelda of Petaluma, CA; 25-year-old Terrance Yelder of El Paso; 29-year-old Miguel Munoz of Santa Teresa, NM; 23-year-old Jenzel Nash of El Paso; and, 20-year-old Daniel Munoz of Santa Teresa, NM, with one count of conspiracy to commit bank fraud. Michael Annabi and Basem Elgelda are also charged with four; Terrance Yelder and Jenzel Nash, with two; and, Perla Annabi, Miguel Munoz and Daniel Munoz with one, substantive counts of false statement on loan or credit application.
According to the indictment, the defendants conspired from July 31, 2013, to March 22, 2016, to defraud 21 financial institutions nationwide in connection with a loan scheme. Throughout the scheme the defendants would obtain loans and lines of credit after providing the financial institutions with fraudulent personal and income information.
Upon conviction, each charge calls for up to 30 years in federal prison.
This case was investigated by the Federal Bureau of Investigation with assistance from the El Paso Police Department. Assistant United States Attorneys Rifian S. Newaz and Debra Kanof are prosecuting this case on behalf of the Government.
El Paso Man Sentenced to Federal Prison for Human Sex TraffickingRead the Press Release
In El Paso today, a federal judge sentenced 29–year-old David Milner of El Paso to 15 years in federal prison for implementing a human sex trafficking scheme announced United States Attorney Richard L. Durbin, Jr.; Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division; and, FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division.
United States District Judge Frank Montalvo also ordered that Milner be placed on supervised release for a period of five years after completing his prison term.
On August 9, 2016, Milner pleaded guilty to one count of conspiracy to sex traffic persons. By pleading guilty, Milner admitted that from September 2013 to August 2015, he conspired to coerce, entice and recruit women—including a 16-year-old female—to engage in commercial sex acts for his financial gain. Milner admitted to posting information on Backpage.com advertising the minor and other females for commercial sex.
“This sentence sends a clear message about how seriously HSI and its law enforcement partners take human trafficking cases,” said Waldemar Rodriguez, special agent in charge of HSI El Paso. “HSI will continue to employ its ample law enforcement authorities to eradicate sex trafficking. Our hope is that it will also serve to encourage trafficking victims to come forward to help law enforcement hold these traffickers accountable, and protect other potential victims of human trafficking.”
“The El Paso FBI is committed to aggressively investigating all federal crimes involving the exploitation and victimization of children. This sentence was the result of significant teamwork,” stated FBI Special Agent in Charge Douglas E. Lindquist.
This case resulted from an investigation conducted by the HSI and the FBI with assistance from the El Paso Police Department—Gang Unit and the El Paso County Juvenile Probation Department. Assistant United States Attorneys Rifian Newaz and Patricia Acosta prosecuted this case on behalf of the Government.
Six Mission, Texas Residents Plead Guilty to Participating in Drug Trafficking and Money Laundering SchemeRead the Press Release
In San Antonio today, six more individuals pleaded guilty to their roles in a drug trafficking and money laundering conspiracy occurring in South Texas, Central Texas and Oklahoma announced United States Attorney Richard L. Durbin, Jr., Western District of Texas; United States Attorney Kenneth Magidson, Southern District of Texas; Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter, San Antonio Division; and, Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division.
Appearing before United States District Judge Xavier Rodriguez this afternoon, the following defendants pleaded guilty to conspiracy to commit money laundering: 47-year-old Norma Leticia Villarreal-Garcia (*two counts); 36-year-old Iza Corina Flores-Alanis; 24-year-old Juan Antonio Villarreal; 57-year-old Jose Luis Villarreal-Arelis (aka “El Cosas”); 47-year-old Nancy Isela Villarreal-Gonzalez; and, 27-year-old Gilberto Villarreal-Villarreal.
By pleading guilty, the defendants admittedly conspired since January 2000 to: (1) engage in financial transactions using proceeds derived from the importation, receiving, concealment, buying, and/or selling cocaine; and (2), transport or transmit monetary instruments to locations outside of the United States in an effort to conceal the source, ownership and control of proceeds derived from unlawful activity.
The defendants face up to 20 years in federal prison for the money laundering conspiracy charge. Sentencing is scheduled for May 24, 2017.
To date, 12 defendants have entered guilty pleas resulting from this investigation. Four defendants—45-year-old Reymundo Villarreal-Arelis (aka “Mundo”); 37-year-old Jesus Jaime Andrade of Mission; 66–year-old Sergio Guadalupe Adame-Ochoa of McAllen, TX; and, Gilberto Villarreal-Arelis (aka “Beto”, “Betito”)--remain under indictment in this case. Gilberto Villarreal-Arelis remains a fugitive. Jury selection and trial is set for March 13, 2017.
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.
This investigation was conducted by the Internal Revenue Service-Criminal Investigation Waco Treasury Task Force comprised of IRS-CI, Irving Police Department, Woodway Police Department, Texas Department of Public Safety and the McLennan County Sheriff’s Office together with the Drug Enforcement Administration’s McAllen, San Antonio and Houston field offices and Homeland Security Investigations.
Law Enforcement Imposter Sentenced to Prison on Federal Fireams ChargesRead the Press Release
In San Antonio today, 26-year-old Jordan Jericho Bautista Gunter was sentenced to 63 months in federal prison followed by three years of supervised release for illegally carrying a firearm on an aircraft announced United States Attorney Richard L. Durbin, Jr.; Special Agent in Charge Kendall Whittington, Transportation Security Administration Office of Investigations, Dallas Field Division; and, Special Agent in Charge Fred Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives, Houston Division.
On May 11, 2016, the Pflugerville, TX, resident pleaded guilty to one count of possession of a firearm by a prohibited person and one count of carrying a weapon on an aircraft. By pleading guilty, Gunter admitted that on January 10, 2016, he possessed a firearm in Pearsall, TX. At that time, Gunter was federally prohibited from doing so due to a 2011 criminal conviction in Maryland for possession of a concealed deadly weapon. Gunter also admitted that on March 9, 2015, he boarded a flight at the San Antonio International Airport while in possession of a firearm after claiming to TSA authorities that he was a law enforcement officer with the additional required training to carry a firearm on an airplane. Information provided in court at sentencing revealed that Gunter boarded not one, but multiple commercial flights, while transporting an actual prisoner as he pretended to be a law enforcement officer.
Gunter has remained in federal custody since his arrest in February 2016.
This investigation was conducted by the Transportation Security Administration Office of Investigations, Dallas Field Division together with the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Marshals Service. Assistant U.S. Attorney Bettina Richardson prosecuted this case for the government.
Jury Convicts Midland Man of Federal Sex Trafficking of a Child ChargeRead the Press Release
Irick Dron Oneal, age 43, of Midland, faces up to life in federal prison after a jury in Midland convicted him of the sex trafficking of a 15-year-old girl announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
On Wednesday, jurors returned their guilty verdict convicting Oneal of one count of sex trafficking of a child. Evidence presented during trial revealed that on October 14, 2016, investigators took custody of the victim when she appeared at an Odessa hotel room. Previously, investigators responded to advertisements for sex with the minor posted on the Internet site Backpage.com. Authorities discovered Oneal in the hotel parking lot while waiting for the victim.
Oneal has remained in custody since his arrest in October 2016. Sentencing has yet to be scheduled.
The investigation was developed as part of Operation Cross Country, a nation-wide operation conducted October 13-14, 2016 by the FBI to locate and rescue child victims of sex trafficking. The FBI was assisted by the Odessa Police Department, Texas Department of Public Safety Criminal Investigations Division and Homeland Security Investigations (HSI). Assistant U.S. Attorney Glenn Harwood is prosecuting this case on behalf of the government.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html.
Fort Stockton Teacher Pleads Guilty to Fraud SchemeRead the Press Release
In Pecos, George Mariadas Kurusu, a 58-year-old Indian national and a Fort Stockton Independent School District (FSISD) teacher, pleaded guilty to federal charges in connection with a wire fraud scheme involving the hiring of Indian nationals to teach in the United States announced United States Attorney Richard L. Durbin, Jr., Steven Grell, Special Agent in Charge of the Dallas Regional Office, U.S. Department of Labor, Office of Inspector General, and Michael V. Perkins. Special Agent in Charge of the Houston Field Office, U.S. Department of State, Bureau of Diplomatic Security Service.
Appearing before United States Magistrate Judge David B. Fannin yesterday, Kurusu pleaded guilty to two counts of wire fraud; one count of fraud in foreign labor contracting; one count of tampering with a witness, victim or an informant; and, one count of making a false statement on a visa application. By pleading guilty, Kurusu admitted that from December 2012 to May 2016, he defrauded several individuals out of more than $50,000 for a “visa package” provided by a company he owned which promised H1-B visas, teaching jobs, and the maintenance of those jobs and visas for his victims.
According to court records, Kurusu, a H1-B visa holder, established a separate business, Samaritan Educational Services (Samaritan), which he personally obtained financial benefits in violation of his visa. Kurusu also lied on an application to renew his visa. However, Kurusu began placing advertisements in a newspaper in Hyderabad, India, providing services for a fee to individuals who were seeking teaching positions in the United States. Kurusu led applicants to believe that they had to go through his business in order to both obtain a visa and a job. Kurusu inserted himself between the applicant and both the State Department, issuer of visas, and the FSISD, who paid for the visa and did the hiring. Kurusu, through his business, had the victims pay large fees on the pretext they were solely to be used to complete paperwork and none would go to him. Kurusu paid those nominal fees, but pocketed the rest. The victims initially set up all the paperwork for the visa and to obtain a job at FSISD then provided Kurusu such information along with other personal information. Kurusu, in promoting his scheme, used this information to place a buffer between the victims and both the State Department and FSISD. Kurusu further insured his scheme was not revealed when he ordered the victims not to mention to the State Department they enlisted the services of Samaritan and not to contact FSISD directly, but only through him.
When the victims arrived in the United States, in particular within the FSISD, Kurusu had the victim’s set up a bank account and an Electronic Transfer of Funds (ETF) where 15% of their monthly paychecks, before taxes, were wired to Kurusu’s Samaritan business bank account. Kurusu advised the victims this was for consulting fees, then later for his “services” to make sure they had continuous employment and to maintain their visas-- two things of which Kurusu had no control. When the victims began questioning the arrangement, Kurusu warned the victims that if they did not pay, they would lose their jobs and their visas; and again, advised them not to contact the FSISD otherwise they would jeopardize all H1-B visa holders in the district. FSISD was unaware of the defendant’s scheme.
Kurusu became aware an investigation was being conducted, he went to the victims and informed them not to talk to law enforcement. Kurusu told them that if they did speak to law enforcement, he, them, and all the other H1-B visa holders in the district would lose their jobs, lose their visas, and be deported.
Kurusu faces up to 20 years in federal prison. He has remained in federal custody since his arrest in May 2016. Sentencing has yet to be scheduled.
This investigation was conducted by agents with the U.S. Department of Labor, Office of Inspector General, Dallas Regional Office, the U. S. State Department, Diplomatic Security Service, Houston Field Office, with the assistance of the U.S. Border Patrol in Fort Stockton, Texas. Assistant United States Attorney James J. Miller, Jr., is prosecuting this case on behalf of the government.
Federal Jury in Del Rio Convicts Undocumented Alien Residing in Houston in Liquid Meth CaseRead the Press Release
In Del Rio today, a jury convicted 32–year-old Adrian Pineda-Orozco, an undocumented alien residing in Houston, for his role in scheme to smuggle over 43 kilograms of liquid methamphetamine into the United States announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
Jurors convicted Pineda-Orozco of one count of conspiracy to possess with intent to distribute methamphetamine and one count of conspiracy to import methamphetamine. Prior to trial, Pineda-Orozco’s co-defendants, 20-year-old Marcelo Guzman of Houston and 21–year-old Cyndy Palma of Houston pleaded guilty to conspiracy to possess with intent to distribute methamphetamine.
Testimony during trial revealed that the defendant orchestrated a statewide methamphetamine importation and distribution scheme, with prior deliveries to Houston and Dallas. On December 18, 2015, Customs and Border Protection officers at the Eagle Pass Port of Entry discovered 15 plastic bottles containing liquid methamphetamine inside a vehicle being driven by Guzman and Palma. Guzman told officers that he was supposed to deliver the methamphetamine to an individual in Houston. HSI agents executed a controlled delivery of the methamphetamine. Upon arriving at the meeting location, authorities discovered Pineda-Orozco waiting for them. After the agents identified themselves, Pineda-Orozco got back into his vehicle and fled the scene narrowly missing an HSI agent in the process. Pineda-Orozco led authorities on a high-speed chase through residential neighborhoods. The pursuit continued until spike strips disabled his vehicle. No one was injured as a result of the pursuit. Pineda-Orozco was arrested.
Pineda-Orozco has remained in custody since his arrest. Guzman and Palma also remain in federal custody. All three defendants face between ten years and life in federal prison. Sentencing for Guzman is scheduled for March 7, 2017. Palma and Pineda-Orozco have yet to be scheduled for sentencing.
The investigation was conducted by HSI together with U.S. Customs and Border Protection, Drug Enforcement Administration, and the Houston Police Department.
Federal Grand Jury in San Antonio Returns Separate Indictments Against Two Former Central Texas Detention Facility-GEO Prison GuardsRead the Press Release
In San Antonio this week, a federal grand jury returned two separate indictments against former prison guards announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs.
On Tuesday, the grand jury indicted 35=year-old Barbara Jean Goodwin of San Antonio on one count of sexual abuse of a ward. According to Goodwin’s indictment, between February 2016 and August 2016, she allegedly engaged in sexual acts with a federal prisoner who at the time was under her custodial, supervisory, or disciplinary authority.
Upon conviction, Goodwin faces up to 15 years in federal prison and a maximum $250,000 fine. Goodwin was arrested last night without incident. Goodwin was released on bond following her initial appearance this morning.
The federal grand jury also indicted 28-year-old Ray Alexander Barr of San Antonio. Barr is charged with one count of providing contraband in prison. The indictment alleges that on December 27, 2016, Barr attempted to provide methamphetamine and alcohol to a federal prisoner.
Barr, who was arrested on a criminal complaint last month, is currently on bond. Upon conviction, Barr faces up to 20 years in federal prison.
These cases were investigated by deputies with the United States Marshals Service and agents with the FBI. Assistant United States Attorneys Sarah Wannarka and Christina Playton are prosecuting these cases on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Federal Jury Convicts U.K. Citizen and City of Austin Employee in Marriage Fraud SchemeRead the Press Release
In Del Rio this morning, a federal jury found Nancy Chan, a 39-year-old citizen of the United Kingdom and City of Austin employee, guilty of perpetrating a marriage fraud scheme announced United States Attorney Richard L. Durbin, Jr and Special Agent in Charge Jeff Arndt, Customs and Border Protection Office of Professional Responsibility, El Paso Division.
The jury convicted Chan of one count of conspiracy to commit marriage fraud and one count of conspiracy to commit mail fraud. During the two-day trial, two co-defendants entered guilty pleas for their roles in the scheme. Isabel Metzler, a 46-year-old former Customs and Border Protection officer at the Eagle Pass Port of Entry, pleaded guilty to conspiracy to commit marriage fraud. Metzler’s husband, Luis Morales, a 37-year-old Customs and Border Protection officer at the Eagle Pass Port of Entry, pleaded guilty to one count of making a false statement to a federal agent.
Testimony during trial revealed that after discussing her immigration status with her friend, Isabel Metzler, Nancy Chan entered into a fraudulent marriage agreement with a person known to Metzler and Morales for the purpose of becoming a lawfully permanent resident. On March 2, 2011, in Maverick County, Chan married the U.S. citizen. In 2014, Chan and her legal spouse submitted false documentation to obtain Lawfully Admitted Permanent Resident (LAPR) status for Chan and to seek naturalization. Chan and her spouse were subsequently interviewed separately by an officer of the United States Citizenship and Immigration Services to determine the validity of their marriage. Their answers to questions posed by the officer contained numerous inconsistencies.
By pleading guilty, Metzler admitted to her role in setting up and attempting to conceal the fraudulent marriage scheme. Morales admitted that on February 9, 2016, he lied to Customs and Border Protection Office of Professional Responsibility investigators about his knowledge of the marriage fraud scheme and for convincing the spouse to maintain the marriage charade to authorities.
Chan and Metzler face up to five years in federal prison for conspiracy to commit marriage fraud. Chan also faces up to 20 years in federal prison for conspiracy to commit mail fraud. Morales faces up to five years in federal prison for making a false statement to authorities. Chan was remanded into U.S. Marshals Service custody following the verdict. Metzler and Morales remain on bond pending sentencing. No sentencing date has been scheduled.
This case was investigated by the Customs and Border Protection Office of Professional Responsibility together with the U.S. Citizenship and Immigration Services, Federal Bureau of Investigation and the Austin Police Department. Assistant United States Attorneys Patrick Burke and Todd Keagle are prosecuting this case on behalf of the government.
Five Mission, Texas Residents and One Oklahoman Plead Guilty to Participating in Drug Trafficking and Money Laundering SchemeRead the Press Release
In San Antonio today, six individuals pleaded guilty to their roles in a drug trafficking and money laundering conspiracy occurring in South Texas, Central Texas and Oklahoma announced United States Attorney Richard L. Durbin, Jr., Western District of Texas; United States Attorney Kenneth Magidson, Southern District of Texas; Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter, San Antonio Division; and, Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division.
Appearing before United States District Judge Xavier Rodriguez this afternoon:
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Juan Villarreal-Arelis (aka “Juando”), age 43, of Mission, pleaded guilty to one count of conspiracy to commit money laundering and one count of possession with intent to distribute cocaine;
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Jose Luis Villarreal-Gonzalez (aka “Nune”), age 32, of Mission, pleaded guilty to one count of conspiracy to commit money laundering and one count of possession with intent to distribute cocaine;
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Manuel Villarreal-Garcia, age 40, of Mission, pleaded guilty to one count of conspiracy to commit money laundering and one count of possession with intent to distribute cocaine;
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Jovanna Villarreal-Diaz, age 37, of Mission, pleaded guilty to one count of conspiracy to commit money laundering;
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Raymundo Villarreal, Jr. (aka “Mundito”), age 23, of Mission; pleaded guilty to one count of conspiracy to commit money laundering and one count of conspiracy to structure transactions to evade reporting requirements; and,
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Denis Winn, age 54, of Tecumseh, OK, pleaded guilty to one count of conspiracy to structure transactions to evade reporting requirements.
By pleading guilty, the defendants admittedly conspired since January 2000 to: (1) engage in financial transactions using proceeds derived from the importation, receiving, concealment, buying, and/or selling cocaine; and (2), transport or transmit monetary instruments to locations outside of the United States in an effort to conceal the source, ownership and control of proceeds derived from unlawful activity.
Raymundo Villarreal, Jr., and Denis Winn also admitted that in October and November 2011, they purchased American Quarter Horses from an auction house in Oklahoma using drug proceeds collected in San Antonio. Furthermore, payments for horses were made under $10,000 so as to avoid having to complete an IRS form 8300, which would have alerted the IRS and possibly raised suspicion about the source of the funds.
The defendants face sentences of between ten years and life in federal prison on the drug charge; up to 20 years in federal prison for the money laundering conspiracy charge; and, up to five years in federal prison on the structuring charge. Sentencing is scheduled for May 24, 2017.
Nine defendants remain under indictment in this case. Jury selection and trial is set for March 13, 2017.
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.
This investigation was conducted by the Internal Revenue Service-Criminal Investigation Waco Treasury Task Force comprised of IRS-CI, Irving Police Department, Woodway Police Department, Texas Department of Public Safety and the McLennan County Sheriff’s Office together with the Drug Enforcement Administration’s McAllen, San Antonio and Houston field offices and Homeland Security Investigations.
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Three San Antonio Men Sentenced to Prison for Sex Trafficking of MinorsRead the Press Release
In San Antonio today, a federal judge sentenced three men to lengthy prison terms for sex trafficking five identified minors announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
United States District Judge Fred Biery sentenced 20–year-old Melvin Lee Sullivan Deams; his father, 43-year-old Melvin Lee Sullivan (aka “Wink”); and, 22–year-old Michael Antoine McHenry to 60 years imprisonment, 25 years imprisonment and 20 years imprisonment, respectively. In addition to the prison terms, Judge Biery ordered each defendant to pay $5,000 restitution to each identified victim.
According to court documents, during a two-week period ending on October 8, 2015, the defendants were responsible for the prostitution of five juvenile females using Backpage.com. The defendants enticed their victims to engage in sexual activities for money in San Antonio, then confiscated all of the proceeds. In August 2016, McHenry and Sullivan each pleaded guilty to one count of sex trafficking of minors. The following month, Deams pleaded guilty to the same charge.
On October 6, 2016, a fourth defendant in this case, 20-year-old Rashawn Ledamion Gamble of San Antonio, was sentenced to five years probation after pleading guilty to misprision of felony.
This investigation was conducted by the FBI and the San Antonio Police Department with assistance from the Bexar County Juvenile Probation Office. Assistant United States Attorneys Bettina Richardson and Diana Cruz-Zapata prosecuted these defendants on behalf of the Government.
Barrio Azteca Gang Lieutenant Pleads Guilty to Racketeering ConspiracyRead the Press Release
A Barrio Azteca (BA) gang lieutenant pleaded guilty today for his participation in a racketeering and drug trafficking conspiracy.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas; Special Agent in Charge Douglas Lindquist of the FBI’s El Paso, Texas, Office; and Special Agent in Charge Will Glaspy of the U.S. Drug Enforcement Administration (DEA) El Paso Division made the announcement.
Ricardo Valles De La Rosa (Valles), aka Chino, 52, of El Paso, pleaded guilty today before U.S. District Judge Kathleen Cardone of the Western District of Texas to racketeering conspiracy; conspiracy to distribute and possess with intent to distribute controlled substances; conspiracy to import heroin, cocaine and marijuana; and conspiracy to commit money laundering. As part of his plea, Valles agreed that he conspired to commit murder in a foreign country. Sentencing has been scheduled for March 23, 2017. Valles is one of 35 members and associates of the BA gang charged in a third superseding indictment unsealed in March 2011, with various counts of racketeering, murder, drug offenses, money laundering and obstruction of justice.
According to plea agreements and other court documents and information presented in court throughout this case, the BA gang began operating in the late 1980s as a violent prison gang and has expanded into a transnational criminal organization based in West Texas; Juarez, Mexico; and throughout state and federal prisons in the United States and Mexico. The gang has a militaristic command structure and includes captains, lieutenants, sergeants, soldiers and associates – all with the purpose of maintaining power and enriching its members and associates through drug trafficking, money laundering, extortion, intimidation, violence, threats of violence and murder. The BA profits by importing heroin, cocaine and marijuana into the United States from Mexico. Gang members and associates also charge a “street tax” or “cuota” to businesses and criminals operating in their turf, which profits are used to funnel money into prison commissary accounts and to pay for defense lawyers or fines to support imprisoned BA members. The “cuota” profits are also reinvested into the organization to purchase drugs, guns and ammunition.
According to plea agreements by other defendants in this investigation, members and associates of the BA have engaged in a host of criminal activity committed since Jan. 1, 2003, ranging from drug trafficking, extortion and money laundering to kidnapping and homicides, including the March 13, 2010, murders in Juarez of a U.S. consulate employee and her husband, as well as the husband of another U.S. consulate employee. The BA killed these individuals because they were mistakenly believed to be rivals associated with the Joaquin “El Chapo” Guzman Drug Trafficking Organization.
According to admissions made in connection with his plea agreement, beginning in or around 1995, Valles became an associate of the BA while imprisoned at a Bureau of Prisons (BOP) facility, where he rose to the rank of sergeant. Following his release from the BOP facility and deportation to Juarez, in July 2007, Valles was promoted to lieutenant and placed in charge of prostitution and illegal after-hours alcohol sales in downtown Juarez, and also collected “cuota.” Additionally, Valles obtained law enforcement-related information from unauthorized sources on behalf of the BA, and would use that contact to obtain information regarding the arrests of BA members, the activities and locations of rival gang members and the results of hits carried out by the BA. Further, Valles maintained rosters of BA members in Juarez and was in charge of conducting daily roll-calls, as well as maintaining communications between the BA in Juarez and BA members who were in and out of prison in the United States.
In addition, Valles admitted that on March 13, 2010, upon instructions from a high-ranking BA member, Valles obtained the location of a specific vehicle and sent BA members to that location. Valles admitted that he was aware that he was assisting the other BA members to locate and commit crimes against the occupants of the vehicle, including murder. BA members subsequently located the vehicle and killed the driver, who was the husband of a U.S. Consulate employee.
Of the 35 defendants charged in this case, 33 have been apprehended, 25 of whom have pleaded guilty and one was found guilty at trial. Valles, Luis Hernandez Celis, aka Pac, and Alberto Nunez Payan, aka Fresa, were extradited from Mexico in October 2015.
Of the 35 defendants charged in this case, 33 have been apprehended, 25 of whom have pleaded guilty and one was found guilty at trial. Valles, Luis Hernandez Celis, aka Pac, and Alberto Nunez Payan, aka Fresa, were extradited from Mexico in October 2015.
FBI’s El Paso Field Office, Albuquerque Field Office (Las Cruces Resident Agency); DEA Juarez; and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement; U.S. Marshals Service; U.S. Customs and Border Protection; BOP; U.S. Diplomatic Security Service; Texas Department of Public Safety; Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, New Mexico, Sheriff’s Office; Las Cruces, New Mexico, Police Department; Southern New Mexico Correctional Facility; and Otero County Prison Facility New Mexico provided substantial assistance in the investigation.
Trial Attorneys Joseph A. Cooley and John C. Hanley of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Jay A. Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney John Gibson of the Western District of Texas-El Paso Division are prosecuting the case. The Criminal Division’s Office of International Affairs and Office of Enforcement Operations provided valuable assistance in this matter.
Sinaloa Cartel Member Sentenced to Federal Prison for Conspiracy to Kill in a Foreign CountryRead the Press Release
In El Paso, 34-year-old Francisco Javier Pulido was sentenced yesterday to 24 years in federal prison followed by five years of supervised release and ordered to pay a $5,000 fine for the death of a Horizon City, TX, resident in September 2009 announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division, and Drug Enforcement Administration Special Agent in Charge Will Glaspy, El Paso Division.
On October 26, 2016, Pulido pleaded guilty to one count of conspiracy to kill, kidnap or injure in a foreign country. By pleading guilty, Pulido admitted to conspiring with others in the kidnapping and murder of Sergio Saucedo from his home in Horizon City on September 3, 2009. The kidnapers took Saucedo to Ciudad Juarez, Mexico, where he was murdered and mutilated in retaliation for the loss of a 670-pound marijuana load seized by authorities at the Sierra Blanca checkpoint.
With this sentencing, this investigation has resulted in federal convictions and prison sentences for five individuals in connection with the Saucedo kidnapping and murder. Rafael Vega and Cesar Obregon-Reyes each received life imprisonment; Cesar Pineda received 20 years imprisonment; and, Omar Obregon-Ortiz received 100 months imprisonment.
This case was investigated by agents with the Drug Enforcement Administration, Federal Bureau of Investigation, U.S. Border Patrol, El Paso County Sheriff’s Department and the El Paso County District Attorney’s office.