Western District of Texas

Christopher B. Evans, age 25, faces up to five years in federal prison after admitting to pointing a laser in the flight path of a helicopter last year announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher B. Combs, San Antonio Division.

Appearing before United States Magistrate Judge John W. Primomo in San Antonio this afternoon, Evans pleaded guilty to one count of aiming a laser pointer at an aircraft in flight.  By pleading guilty, Evans admitted that on October 27, 2015, he aimed the beam of a laser pointer at a local television news helicopter as it was flying north of the San Antonio International Airport.

Evans remains on a $20,000 bond pending sentencing scheduled for 9:00am on December 12, 2016, before Senior United States District Judge David A. Ezra.

According to the FBI, in 2015, San Antonio ranked among the top 15 cities in the nation for laser strikes, with almost 100 reported.  Laser strikes can blind pilots of airborne aircraft, jeopardizing the lives of persons aboard.

If you have information about a lasing incident, contact the San Antonio FBI at 210-225-6741.  If you see someone pointing a laser at an aircraft, call the nearest local law enforcement agency immediately by dialing 911. Tips can also be submitted online at https://tips.fbi.gov.

This investigation was conducted by agents with the Federal Bureau of Investigation together with the San Antonio Police Department.  Assistant United States Attorney Michael R. Hardy is prosecuting this case on behalf of the Government.

In San Antonio this morning, 60-year old Anthony P. Sertich, Jr., was sentenced to 41 months in federal prison and ordered to pay more than $2.9 million in restitution to the Internal Revenue Service announced United States Attorney Richard L. Durbin, Jr., and IRS-Criminal Investigation Special Agent in Charge William Cotter.

On March 2, 2016, a federal jury convicted Sertich of ten counts of failure to truthfully account for and pay withholding taxes and one count of tax evasion.  According to court documents, Sertich was a medical doctor who was the Member, Director and President of Advanced Artistic Facial Plastic Surgery of Texas, PA (AAFPST) and South Texas Otorhinolaryngology, PA (STO).  During the calendar years 2008 through 2010, Sertich failed to pay over $226,000.78 to the IRS in payroll taxes withheld from AAFPST’s employees’ paychecks. 

In addition, Sertich was found guilty of tax evasion.  Between 2002 and 2010, Sertich accrued $2,927,366.45 in unpaid payroll taxes penalties and interest for AAFPST and STO.  Sertich evaded paying the taxes by withholding and keeping money, which should have been paid to the IRS, and by repeatedly filing bankruptcy to take unfair advantage of the automatic stay of creditors.

Instead of paying the payroll taxes, Sertich paid himself millions of dollars in salary, which in turn paid for personal expenses such as a large mortgage and interest payments, real estate tax payments and alimony payments.  Sertich also filed four personal and one corporate bankruptcy petitions, all but one of which was subsequently dismissed by the court.

“Dr. Anthony P. Sertich, Jr., deliberately evaded paying federal payroll taxes for over eight years, cheating the tax system, his employees, and ultimately, all other taxpayers,” stated United States Attorney Richard L. Durbin, Jr.  “He withheld money from his employees’ pay, which he applied to his own use.  Then, he abused the bankruptcy process to defeat possible collection efforts.”  

“IRS-Criminal Investigation realizes the detrimental consequences of employment tax evasion.  It results in the loss of tax revenue to the United States government and the potential loss of future social security or Medicare benefits for the employees,” stated Special Agent in Charge William Cotter of IRS-Criminal Investigation, San Antonio.  “Employers, such as Dr. Anthony P. Sertich Jr., who do not remit withheld employment taxes to the IRS are not only enriching themselves, they are creating financial problems for their employees.

This case was investigated by IRS-Criminal Investigation and prosecuted by Assistant United States Attorney William R. Harris.

This morning in San Antonio, Federal Bureau of Investigation special agents arrested Charles Augustus Banks, IV, an executive with Gameday Entertainment, LLC (Gameday), on federal wire fraud charges alleging that he defrauded a San Antonio victim of millions of dollars announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division. 

A federal grand jury indictment unsealed today in San Antonio charges the 49–year-old investment counselor and venture capitalist with two counts of wire fraud.  According to the indictment, Banks encouraged the victim to loan $7.5 million to Gameday in 2012.  Subsequently, Banks encouraged the victim to personally guarantee another $6 million loan made to Gameday by Comerica Bank in 2013.  During this time frame, Banks was Chairman of the Board of Gameday and personally benefitted, in the form of millions of dollars in loans and commissions, from the proceeds of these loans made to Gameday.  Banks manipulated the victim into guaranteeing Gameday’s $6 million debt by misrepresenting the true nature of the transaction.  Further, Banks failed to fully disclose the commissions, payments and loans he was receiving from Gameday that were specifically tied to these transactions. 

In carrying out his scheme to defraud, the indictment specifically alleges that on June 7, 2013, Banks caused two unsigned signature pages to be faxed from California to the victim in Florida relating to a $6M loan guarantee and subordination agreements, then caused the signed signature pages to be faxed from San Antonio back to Banks’ employees and Comerica bank employees on June 26, 2013.

Banks faces up to 20 years in federal prison upon conviction of each wire fraud charge.  Banks was released on bond following his initial appearance before U.S. Magistrate Judge John Primomo in San Antonio today.

This investigation is being conducted by the FBI.  Assistant United States Attorney Gregory J. Surovic 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.

In El Paso today, Lawrence Madrid, a 54–year-old former Supervisory Customs and Border Protection Officer, was sentenced to 90 months in federal prison followed by three years of supervised release for alien smuggling and accepting a bribe announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Assistant Special Agent in Charge Stephen C. Adaway, (ASAC) Las Cruces; and, Department of Homeland Security-Office of Inspector General Investigations Special Agent in Charge Javy Pedroza.

On May 26, 2016, a federal jury in El Paso found 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. 

According to court records, from August 2010 to September 2011, Madrid conspired with others to encourage/induce undocumented aliens to come to, enter, and reside in the United States without proper authorization.  As his part of 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.  In addition, the federal jury found that on two separate occasions Madrid accepted money to allow an undocumented alien to enter the United States without proper authorization through the pedestrian lanes of a port of entry.

An arrest warrant is in effect for Madrid’s 39-year-old wife, Odet.  She failed to appear for trial and is considered a fugitive.  Her $10,000 appearance bond has been forfeited to the Government.  Odet Madrid-Corchado is charged with 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.  Upon conviction, Odet Madrid-Corchado 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.

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 earlier this month.  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 prosecuted this case on behalf of the Government.

This morning, FBI agents arrested 24–year-old former Temple police officer Erick French for allegedly revealing an ongoing investigation announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher B. Combs, San Antonio Division.

A two-count federal grand jury indictment returned in Austin and unsealed today charges the Copperas Cove, TX, resident with making false statements to federal investigators.  According to the indictment, on March 16, 2016, and again on March 21, 2016, French allegedly provided false information to FBI agents in an attempt to hide the fact that he had previously sent a text message alerting an individual to an ongoing investigation being conducted by the Temple Police Department’s Special Investigations Unit. 

Upon conviction of each false statement charge, French faces up to five years in federal prison and a maximum $250,000 fine. 

French was released on a $25,000 bond following his initial appearance in Waco this morning before United States Magistrate Judge Jeffrey Manske.  French is scheduled for arraignment in Austin at 11:00am on September 19, 2016, before United States Magistrate Judge Andrew Austin.

This indictment resulted from an investigation conducted by the FBI, Drug Enforcement Administration (DEA) and the Temple Police Department. 

“San Antonio FBI would like to thank DEA and Temple Police Department for their extraordinary contributions in this joint investigation.  By identifying and bringing this matter to the FBI's attention, the Temple Police Department has demonstrated high standards for integrity and accountability within its department,” stated FBI Special Agent in Charge Christopher Combs. 

Assistant United States Attorney Dan Guess 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.

In San Antonio today, 54-year-old Jose A. Ytuarte, a former Texas Department of Public Safety Customer Service Representative in Hondo, TX, was sentenced to 18 months in federal prison followed by two years of supervised release for his role in a scheme to provide fraudulent drivers’ licenses to undocumented aliens announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division. 

On March 31, 2016, Ytuarte pleaded guilty to one count of use of interstate communication facility in aid of unlawful activity--bribery.  By pleading guilty, Ytuarte admitted that from May 2013 to July 2015, he accepted cash bribes from a co-conspirator in exchange for inputting materially fraudulent information, namely that the individual was born in the United States, into the DPS computer system in order to process and issue a driver’s license to an undocumented alien.

Ytuarte’s co-defendant, 45-year-old Azeez Mistry of San Antonio, is charged in the conspiracy count.  He is also charged with three counts of transfer of false identification documents and one count of use of an interstate communication facility in aid of unlawful activity--bribery.  According to the indictment in this case, Mistry would direct undocumented and documented aliens who could not get a driver’s license legally to Ytuarte.  Mistry would charge between $1,000 and $5,000 for each license and then pay a portion of that fee to Ytuarte as a cash bribe. 

Ytuarte remains on bond pending notification of facility designation by the U.S. Bureau of Prisons.  Mistry, who is currently on bond, is scheduled for a re-arraignment hearing on Monday at 2:00pm before United States Magistrate Judge John W. Primomo. 

This case was investigated by the FBI, Texas Rangers and U.S. Customs and Border Protection.  Assistant United States Attorney Christina Playton is prosecuting this case on behalf of the Government.

An indictment is merely a charge and should not be considered as evidence of guilt.  Mistry is presumed innocent until proven guilty in a court of law.

U.S. Attorney Richard L. Durbin, Jr., announced today that after a lengthy and comprehensive investigation, the U.S. Attorney’s Office, together with the Civil Rights Division of the Department of Justice, and the Federal Bureau of Investigation have concluded that there is not sufficient evidence to prosecute San Antonio Police Officers based on the arrest of Rogelio Carlos in May 2014.  The investigation did not develop sufficient evidence to prove beyond a reasonable doubt that police officers knowingly and willfully used excessive force to deprive Mr. Carlos of his civil rights. The investigation has been closed.  

In El Paso today, a federal judge sentenced an Ecuadorian couple to federal prison for their roles in an undocumented alien smuggling conspiracy announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.

United States District Judge Kathleen Cardone sentenced 40–year-old Paul Esteban Estrella Villota of Cuenca, Ecuador, and his 42-year-old wife Magaly Alemania Malagon Sandoya, to six years and five years in federal prison, respectively.  Judge Cardone also ordered both defendants to pay a $5,000 special assessment and be placed on supervised release for a period of three years following the completion of their prison terms.  Judge Cardone also ordered that Estrella pay a $2,500 fine.  Earlier this year, both defendants pleaded guilty to one count of conspiracy to commit alien smuggling for financial gain resulting in bodily injury.  Estrella and Malagon have remained in federal custody since being arrested in Orlando, FL, on August 12, 2015. 

The investigation into this smuggling organization began on November 4, 2013, after HSI El Paso special agents encountered two male juveniles in a suspected stash house. According to court documents, agents learned that Estrella and Malagon were the ring leaders of an alien smuggling organization that smuggled the juveniles into the United States.

The investigated revealed that on November 22, 2012, 25-year-old co-defendant Diana Marcial smuggled a two-year-old El Salvadoran child through the Bridge of the Americas (BOTA) Port of Entry (POE) as an identity imposter. Marcial used her own child's birth certificate to facilitate the smuggling. When that two-year-old’s mother, Wendy Heredia-Mejia, was herself arrested attempting to enter through the BOTA POE as an identity imposter, Heredia-Mejia identified Marcial as the individual who had crossed with her son.  Marcial was contacted by HSI agents and returned the two-year-old child to law enforcement agents.

As a result of the above, Diana Marcial was convicted of making a false statement to authorities about the legal status of the child she brought into the United States.  She was sentenced to one year probation and six months home confinement.

On November 6, 2013, 35-year-old Zandra Liduvina Llivichuzhca Murillo, the mother of one of the juveniles discovered by HSI El Paso agents two days prior, was arrested at Paso Del Norte (PDN) POE after she tried to enter the United States as a document imposter. The entry document she presented at the border was valid, but was in the name of another person.  Arnulfo Delgado Salas, a 46-year-old co-defendant, was the driver of the vehicle carrying Llivichuzhca into the United States at the PDN POE. Salas, who was later arrested, was scheduled to plead guilty in May 2016 to one count of making a false statement, but absconded prior to his re-arraignment hearing.  Salas is considered a fugitive.

Court records show that the man who arranged for Llivichuzhca and her child to be smuggled into the United States was a man she met in Ecuador. The man, whom she knew as “Paul,” charged her $15,000 each to smuggle her and her child. She paid him $6,000 up front. The woman positively identified Estrella as the man to whom she paid the smuggling fee.  On March 28, 2014, Llivichuzhca was sentenced to timed served (just over 5 months incarceration) after pleading guilty to one count of false impersonation in an immigration matter.

On November 16, 2014, United States Customs and Border Protection’s (CBP) Office of Border Patrol (OBP) agents encountered another national of Ecuador near Mount Cristo Rey in Sunland Park, NM.  During an interview with HSI special agents, that individual identified Estrella and Malagon as the smugglers with whom he entered into a smuggling agreement to bring his daughter into the United States.  Court records show he agreed to pay them $14,000.

On March 16, 2014, Border Patrol agents arrested another national of Ecuador near Clint, TX, after she illegally entered into the United States.  Court records allege she told HSI special agents that a woman by the name of “Magi” arranged her smuggling travels from Ecuador to the United States, even though an Ecuadorian smuggler named “Paul” originally was to bring her to the United States.  Furthermore, the young girl’s father told HSI special agents on February 25, 2015, that he made arrangements to pay $14,500 to a smuggler he knew only as “Magi” to smuggle his daughter from Ecuador through Mexico into the United States.  While in Ciudad Juarez, Mexico, the young lady was kept in stash house by Estrella and Malagon’s co-conspirators.  At that stash house, these co-conspirators repeatedly raped her before dropping her off in Mexico immediately south of Clint, TX.

Waldemar Rodriguez, special agent in charge of HSI El Paso, credited the team effort of other Department of Homeland Security (DHS) agencies locally and abroad that participated in the investigation.  “HSI will not relent against human smugglers who treat people like a mere commodity,” said Rodriguez. “This case should resonate loud and clear: HSI special agents and our law enforcement partners will work tirelessly to identify, arrest and prosecute those responsible for the illegal movement of people into and through our country.”

Assistant United States Attorney Ian Hanna prosecuted this case on behalf of the Government.

In Del Rio this afternoon, a federal judge sentenced two brothers, owners and operators of the Real Street Paint and Body Shop in Eagle Pass, to federal prison for distributing approximately six kilograms of cocaine in the Eagle Pass area announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division, and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio. 

United States District Judge Alia Moses handed down a 216-month-federal-prison sentence to 37–year-old Xavier Cardona.  Judge Moses handed down the same prison sentence to his 33-year-old brother, Michael Cardona. In addition to the prison terms, Judge Moses ordered that the defendants pay a $372,320 money judgment and be placed on supervised release for a period of five years after completing their prison terms.  

On October 23, 2015, jurors found the defendants of conspiracy to possess with intent to distribute over 500 grams of cocaine.  They also found Michael Cardona guilty of possession with intent to distribute less than 500 grams of cocaine. 

Evidence presented in trial revealed that from January 2009 until April 2014, the Cardonas used Real Street Paint and Body Shop and Michael’s residence to sell cocaine and launder drug proceeds. The Cardona brothers used the proceeds from their cocaine distribution to fuel their lifestyle of custom built modified cars that they showed at various car shows in Texas and to buy and remodel homes.  During recorded phone calls played at trial, Michael Cardona stated that he provided cocaine to other dealers already packaged and cut so that it would move more quickly.  Testimony and evidence showed that the Cardonas also employed firearms in their drug trafficking business.  A search of the residences of both brothers resulted in the seizure of $162,795 in currency, approximately 160 packages of cocaine ready for distribution and five weapons.

Both defendants have remained in federal custody since their arrests on April 23, 2014.

The case resulted from a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations and United States Border Patrol. Also assisting in the investigation was the Texas Department of Public Safety - Criminal Investigations Division. Assistant United States Attorneys Ralph Paradiso, Lewis Thomas and Diana Cruz-Zapata prosecuted this case on behalf of the Government.

In El Paso today, 44-year-old Elizabeth “Betty” Garcia de Nieto of Delicias, Chihuahua, Mexico, was sentenced to 16 years in federal prison and ordered to pay $3,009,999.80 restitution to the Government for her role in an income tax return scheme that resulted in fraudulent refunds being issued by the Internal Revenue Service (IRS) announced United States Attorney Richard L. Durbin, Jr., and IRS-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.

“Garcia filed false and fraudulent tax returns to steal millions from the IRS, and ultimately, from American taxpayers.  If she thought she was beyond the reach of U.S. justice, today’s sentence proves she thought wrong.  U.S. prosecutors and IRS investigators will not stop at the border in their efforts to bring tax cheats to justice,” said United States Attorney Richard L. Durbin, Jr.  

On March 23, 2016, a jury convicted Garcia (aka “Elizabeth Jurado”) of one count of conspiracy to defraud the United States; five counts of mail fraud; three counts of aiding and abetting aggravated identity theft; and, one count of conspiracy to defraud the United States with respect to claims.

Evidence presented during trial revealed that from January 2010 to February 2015, Garcia used stolen identities to create fraudulent U.S. tax returns.  Each return claimed an approximate $5,000 refund from the IRS.  Garcia gave some of the IRS refund checks to individuals to bring into the United States to be cashed at money service businesses in El Paso.  She mailed others to individuals residing in the U.S. (namely El Paso, Chaparral, NM, and Oklahoma City, OK) to be converted to U.S. currency.  All monies derived from the scheme, minus agreed-to-fees retained by co-defendants, were wired back to Garcia.

Trial testimony also revealed that in September 2014, U.S. Customs agents at the Paso del Norte Port of Entry seized ten fraudulent tax returns from an employee of Garcia.

“Elizabeth Garcia de Nieto’s sentencing today reflects the hard work and dedication of the Internal Revenue Service in fulfilling its mission by enforcing the law and helping to restore integrity to the tax system,” said Special Agent in Charge William Cotter, IRS-CI San Antonio Field Office.  “Criminal Investigators will continue to disrupt and dismantle organizations, such as Garcia’s, that seek to rob taxpayers through dishonest and fraudulent means. Today’s sentencing speaks loud and clear to everyone that no matter where the fraud is perpetrated, IRS-CI will pursue and bring to justice those that defraud the tax system.”

Prior to jury selection, 39-year-old co-defendants Christina Perez Altamirano of Oklahoma City, OK, and 35-year-old Alberto Altamirano Armendarie of Montgomery, AL, pleaded guilty to conspiracy to commit mail fraud.  Last week, U.S. District Judge Philip R. Martinez sentenced Christina to imprisonment for one year; Alberto, to time served (approximately seven months of incarceration). 

A fourth defendant in this case--43-year-old Rodolfo Ramirez-Estrada of El Paso--also pleaded guilty to one count of conspiracy to defraud the U.S.  He is scheduled to be sentenced tomorrow morning by Judge Martinez.  He faces up to five years in federal prison.

This case was investigated by special agents with the IRS-CI, Homeland Security Investigations (HSI) and U.S. Department of State—Diplomatic Security Service.  Assistant United States Attorneys Jose Luis Gonzalez, Adrian E. Gallegos and Anna Arreola are prosecuting this case on behalf of the Government.

In San Antonio, FBI agents have arrested 32-year-old Jason Lynn Hathorn and 30-year-old David Lee Sartin for their alleged role in a bank robbery earlier this month, announced United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division; and, San Antonio Police Chief William McManus.

A criminal complaint unsealed today in San Antonio charged Hathorn and Sartin with one count of bank robbery.  According to the complaint, on August 8, 2016, a confidential human source identified Sartin as a suspect in four bank robberies in the San Antonio area.  During each robbery, the perpetrator used a unique silicone “old man” mask which the source claimed was similar to one owned by Sartin.  Later that day, an individual wearing the “old man” mask robbed the Amegy Bank of Texas branch on West Military Drive.  The individual left the bank with approximately $8,100 and a surreptitiously placed GPS tracking device.

The complaint further states that upon learning that the suspect wore a silicone “old man” mask, FBI agents established surveillance at Sartin’s apartment.  The GPS tracker alerted authorities as Sartin arrived home.  As Sartin was taken into custody, authorities recovered an iPhone, a tie and a pair of sunglasses which matched the description of items worn by the Amegy Bank robbery suspect.  Authorities subsequently reviewed video surveillance of Sartin’s apartment complex and discovered that Hathorn, Sartin’s roommate, had arrived shortly after Sartin and proceeded to enter the apartment complex recreation room carrying a blue bag.  Surveillance video showed that Hathorn hid the bag behind the sofa in the recreation room and was observed peering out the window in the direction of where Sartin was being arrested.  Law enforcement officers were able to recover the blue bag which contained the “old man” mask, three ball caps used in prior robberies, $8,100, GPS tracker and the demand note from the Amegy Bank robbery.  The complaint alleges that Hathorn had assisted Sartin by meeting him after the Amegy Bank robbery and taking custody of the mask and money derived from the robbery.

Sartin and Hathorn were arrested based on states charges related to aggravated robbery.  Sartin remained in state custody while Hathorn was released on bond.  FBI agents arrested Hathorn today based on the federal criminal complaint.  They remain in custody pending a detention and probable cause hearing before a U.S. Magistrate Judge next week in San Antonio.  Hathorn and Sartin face up to 20 years in federal prison upon conviction. 

This case is being investigated by the FBI together with the San Antonio Police Department.  Assistant United States Attorney Sarah Wannarka 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 considered innocent until proven guilty in a court of law.

In San Antonio today, 29-year-old John Michael Rymers was sentenced to 18 years in federal prison for receipt of child pornography 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 Fred Biery ordered that Rymers pay $20,000 restitution to his victims and be placed under supervised release for the remainder of his life after completing his prison term. 

On October 23, 2015, FBI agents executed a search warrant at the defendant’s residence and seized a laptop computer and related media.  A forensics examination on the seized items revealed the presence of approximately 150 videos and 1,150 images depicting child pornography.

According to court records, Rymers has engaged in the sexual exploitation of minors over the past six years including attempts to hack into the computer systems of minors as young as 14 in order to obtain nude and sexually explicit images and videos of these individuals; and, using false personas, mainly of young women, in order to persuade, coerce and entice minor females to create and send to him sexually explicit images and videos of themselves.

Rymers has remained in custody since being arrested in October 2015.  On May 12, 2016, Rymers pleaded guilty to one count of receipt of child pornography. 

This case was investigated by the FBI’s San Antonio Child Exploitation Task Force.  Assistant United States Attorney Tracy Thompson prosecuted 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.

In San Antonio today, 28-year-old Samuel Eugene Baker of Kerrville, TX, was sentenced to 150 months in federal prison for receipt of child pornography announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.

On October 22, 2014, FBI agents executed a search warrant at the defendant’s residence and seized multiple home computers and related media.  A forensics examination on the seized items revealed the presence of approximately 90 videos and 2,700 images depicting child pornography.

Baker has remained in custody since being arrested following the search warrant.  On March 23, 2016, Baker pleaded guilty to one count of receipt of child pornography. 

This case was investigated by the FBI’s San Antonio Child Exploitation Task Force.  Assistant United States Attorney Tracy Thompson prosecuted 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.

In Del Rio this afternoon, former Crystal City Councilman Gilbert Urrabazo pleaded guilty to a federal charge in connection with a bribery and kickback scheme involving city 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, Urrabazo, age 45, pleaded guilty to one count of federal programs bribery. By pleading guilty, Urrabazo admittedly used his official position in April 2015 to enrich himself by accepting a cash bribe from a person seeking to do business in Crystal City.  As a result of his guilty plea, Urrabazo faces up to ten years in federal prison; a fine of up to $250,000; a $2,000 monetary judgment; and, forfeiture of approximately $1,000 in U.S. currency seized by authorities during this investigation.  Urrabazo remains on bond pending sentencing which has yet to be scheduled.

Urrabazo is the fourth defendant to enter a guilty plea in this case.  Former Mayo Pro-Tem Rogelio Mata, former City Councilman Roel Mata and businessman Ngoc Tri Nguyen have admitted their roles in the bribery and kickback scheme.  All four defendants face up to ten years in federal prison.

Former City Attorney and City Manager William James Jonas, age 54, and former Crystal City Mayor Ricardo Lopez, age 40, remains under a superseding indictment charged with conspiracy to commit bribery.  In addition, Jonas is charged with four bribery-related counts and ten wire fraud-related counts; Lopez, two bribery-related and four wire-fraud related charges.  Upon conviction, Jonas and Lopez face up to five years in federal prison for the conspiracy to commit bribery charge, up to ten years in federal prison for each bribery related charge, and up to 20 years in federal prison for each wire fraud related charge.  Both are out on bond at this time awaiting trial scheduled for November 15, 2016, in Del Rio before United States District Judge Alia Moses.

This ongoing joint investigation is being conducted by the FBI and the San Antonio Police Department with assistance from the Texas Department of Public Safety Criminal Investigative Division and the Texas Rangers.  Individuals who have first-hand information about corruption, fraud, or bribery related to Crystal City are urged to contact the FBI at (210) 225-6741.

Assistant United States Attorneys Jay Hulings and William R. Harris are prosecuting this case on behalf of the Government.

An indictment is merely a charge and should not be considered as evidence of guilt.  Jonas and Lopez are presumed innocent until proven guilty in a court of law.

In Del Rio, 36-year-old Eagle Pass Texas Mexican Mafia (TMM) leader Jesus Lopez (aka “Worst Ever”) faces up to life in federal prison after pleading guilty today to conspiring to violate the Racketeering Influenced Corrupt Organization (RICO) statute to include acts of murder, extortion and drug trafficking.  That announcement was made today by United States Attorney Richard Durbin, Jr.; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division; Homeland Security Investigations Special Agent in Charge Shane Folden; and, Chief Patrol Agent Rodolfo Karisch, U.S. Border Patrol, Del Rio Sector.

According to court records, under the direction of Lopez, fellow TMM member and co-defendant Anselmo Flores, age 28 formerly of Eagle Pass, stabbed and murdered Eagle Pass resident Angel Cantu on January 22, 2011.  In an effort to deflect law enforcement attention away from the criminal enterprise, Lopez provided money to Flores following the murder so that Flores could flee the area.  Furthermore, at the time of Cantu’s murder, fellow TMM member and co-defendant, 37-year-old Francisco Hernandez of Eagle Pass, assaulted an individual with a dangerous weapon.   

Court records also reflect that in December 2010, Lopez ordered Flores, Hernandez and others to retrieve and destroy firearms, which they did, that were used during the attempted murder of an individual who provided information about the TMM to law enforcement.  Since 2009, Lopez admitted to distributing narcotics and extorting other cocaine distributors in Eagle Pass in furtherance of the TMM criminal enterprise.

Lopez, Flores and Hernandez are among 16 TMM members or associates to enter a guilty plea resulting from this investigation.  No sentencing date has been scheduled for Lopez. 

This investigation was conducted by the FBI, Texas Rangers, Texas Department of Public Safety Criminal Investigation Division, Drug Enforcement Administration, Homeland Security Investigations (HSI) and the United States Border Patrol.

In Del Rio, 52-year-old former Houston police officer Juan Carrillo and his 43-year-old wife Rosa Lidia Carrillo of Cypress, TX, were sentenced to 15 months in federal prison followed by three years of supervised release for transporting undocumented aliens announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden and U.S. Border Patrol Del Rio Sector Chief Patrol Agent Rodolfo Karisch. 

During sentencing yesterday afternoon, United States District Judge Alia Moses also ordered that each defendant pay a $1,000 fine.  Both defendants remain on bond pending notification of a self-surrender date and location by the U.S. Bureau of Prisons to begin serving their prison terms. 

On January 28, 2016, both defendants pleaded guilty to one count of transporting undocumented aliens.  By pleading guilty, the Carrillos’ admitted that they were illegally transporting two undocumented aliens from Eagle Pass, TX, to Houston. 

According to court documents, on November 8, 2015, U.S. Border Patrol agents from the Carrizo Springs station conducted an immigration inspection on a vehicle traveling on Highway 85 in Big Wells, TX.  The defendants were in the front seat and there were four passengers in the back seat.  Agents discovered that four of the occupants, including the defendants, were United States citizens.  Two occupants were determined to be illegally present in the United States.

Court documents also reflect that Rosa Carrillo had previously wired $1,500 to an unknown individual in order to have a family member smuggled into the United States.  The defendants, admittedly, had traveled that day to Eagle Pass to pick up the family member and his companion, another undocumented individual who was being harbored at the same location, and transport them to Houston.

“The sentencing of the Carrillos sends a clear message that individuals who engage in human smuggling will be held accountable for their actions,” said Special Agent in Charge Shane Folden, HSI San Antonio. “HSI will continue to work closely with its law enforcement partners to bring human smugglers to justice.”

The case resulted from a joint investigation by the Homeland Security Investigations (HSI) in Eagle Pass and the U.S. Border Patrol.  This case was prosecuted by Assistant United States Attorneys Matthew Watters and Todd Keagle.

In San Antonio, Joseph P. Karpowicz, 47-year-old former Chief Financial Officer for Presidio Title (Presidio), admitted to stealing over $367,000 from the San Antonio real estate title company announced United States Attorney Richard L. Durbin, Jr. 

Appearing this morning before United States Magistrate Judge Henry Bemporad, Karpowicz pleaded guilty to one count of mail fraud and one count of engaging in financial transactions with criminally derived proceeds.

According to court records which the defendant admitted were factually correct, Karpowicz schemed to steal approximately $367,300 from Presidio between April 2010 until June 2013.  Karpowicz issued Presidio checks to pay for his own personal expenses and credit card bills, then created materially false entries in Presidio’s records in order to hide his fraudulent conduct.

Karpowicz remains on bond pending sentencing scheduled for 1:30pm on November 16, 2016, before United States District Judge Xavier Rodriguez.   Karpowicz faces up to 20 years on the mail fraud charge and up to ten years in federal prison on the money laundering charge.

This investigation was conducted by the United States Secret Service Identity Theft Task Force together with the Internal Revenue Service-Criminal Investigation.  Assistant United States Attorney Thomas P. Moore is prosecuting this case on behalf of the Government.

In San Antonio this morning, 65-year-old former Executive Director Robert James Lucio and 55–year-old former Chief Financial Officer Monica Lynn Russ (aka “Monica Lynn Gourley”) admitted to stealing over $188,000 from the Community Council of South Central Texas (CCSCT) announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division. 

Appearing before United States District Judge Fred Biery, Lucio and Russ pleaded guilty to one count of theft from a program receiving federal funds.  As a result, Lucio and Russ face up to ten years in federal prison.

According to court records, in 2012, CCSCT received over $4 Million in federal funding administered by the U.S. Department of Health and Human Services through the Comprehensive Energy Assistance Program and the Community Services Block Grant program.  In 2012, Lucio and Russ schemed to provide themselves with unauthorized salary increases, bonuses and incentive payments despite policies and procedures put in place by CCSCT Board of Directors to prevent such actions.  An internal audit completed in 2013 revealed that the total amount of unauthorized overpayments to Lucio totaled $92,881; Russ, $95,590.

Lucio and Russ remain on bond pending sentencing scheduled for January 6, 2017. 

This investigation was conducted by the Federal Bureau of Investigation.  Assistant United States Attorney Greg Surovic is prosecuting this case on behalf of the Government. 

Today, federal, state and local authorities arrested seven Madisonville, TX, residents charged in connection with a methamphetamine trafficking operation announced United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division, and Texas Department of Public Safety Director Steve McCraw. 

Those arrested today include: 26-year-old Ezequiel Guevara (aka “Ziek”); 23-year-old Pedro Martinez-Castandeda (aka “Dro,” “Pedro”); 27-year-old Manuel Martinez (aka “Meme”); 19-year-old Victor Doubrovski; 28-year-old Steven Jerrell Manning (aka “Rell”); 23-year-old Dedrick Dondre Whaley (aka “Lowkey”); and 23–year-old Jeremy Shaffer (aka “Jergo”).            

A federal grand jury indictment returned in Waco and unsealed this afternoon charges the defendants with one count of conspiracy to distribute methamphetamine.  According to the indictment, the defendants conspired to distribute methamphetamine since April 2015.  During this year-long investigation, authorities took possession of approximately 1.5 kilograms of “crystal” methamphetamine through undercover purchases from the defendants.

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

All of the defendants remain in federal custody at this time.  Detention hearings are expected to occur next week before U.S. Magistrate Judge Jeffrey Manske in Waco.

This investigation was conducted by the Drug Enforcement Administration (DEA) and the Texas Department of Public Safety -- Criminal Investigation Division together with Homeland Security Investigations (HSI), Houston Division, and Madison County District Attorney Brian Risinger.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States Marshals Service, and the Brazos County Sheriff’s office assisted with today’s arrests.  Assistant United States Attorney Mary Kucera 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.

In Waco, 28-year-old William Ervin Taylor of Bellmead, TX, was sentenced to 210 months in federal prison for distributing child pornography announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division, and McLennan County Sheriff Parnell McNamara.

During yesterday’s sentencing hearing, United States District Judge Walter S. Smith, Jr., also ordered that Taylor pay $10,000 restitution and be placed on supervised release for a period of five years after completing his prison term.

On April 14, 2016, Taylor pleaded guilty to the charge.  By pleading guilty, Taylor admitted that beginning in March 2015, he distributed images and videos depicting child pornography to individuals he later discovered were undercover HSI agents.  

In August 2015, federal and state authorities arrested Taylor following the execution of a search warrant at his residence.  A subsequent forensics examination of seized materials, including the defendant’s computer tablet and cellphone, revealed the presence of child pornography.  Taylor has remained in custody since his arrest.

“By conducting these types of investigations, Homeland Security Investigations is taking child predators off the Internet, off the streets, and putting them behind bars,” said Special Agent in Charge Shane Folden, HSI San Antonio. “This sentence sends a clear message that there are serious consequences for those who exploit children in any way. Targeting crimes of this nature is a high priority for HSI. We will continue to dedicate resources and work with our law enforcement partners to identify and bring to justice these individuals.”

This investigation was conducted by the Homeland Security Investigations together with the McLennan County Sheriff’s Office.  Assistant United States Attorney Mary Kucera 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, state and local authorities have arrested 24 individuals in Maverick and Zavala counties based on federal drug trafficking and money laundering charges announced United States Attorney Richard L. Durbin, Jr., and Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit today. 

Those arrested today include:

Name                                                               Age                 Residence

SONIA BALBOA                                          52                    Eagle Pass, TX

SUCEL BALBOA a.k.a. “Susan”                  27                    Eagle Pass

BALDEMAR BALBOA                                24                    Eagle Pass

WILIBALDO MORA, SR. a.k.a. “Willie”     50                    Crystal City, TX

WILIBALDO MORA, JR.                             23                    Crystal City

JORGE RIVERA                                           37                    Crystal City

PURA GARZA ESQUIVEL                         49                    Eagle Pass

TERESA SANTA LOPEZ                             48                    Eagle Pass

ANGEL LEE RAMIREZ                               28                    Del Rio, TX

DAVID DAVALOS, SR.                               47                    Crystal City

DAVID DAVALOS, JR.                               26                    Crystal City    

JACINTO DAVALOS                                   41                    Crystal City    

MARICELA ALVARADO DAVALOS       32                    Crystal City    

BRUCE DAVALOS                                      34                    Crystal City    

GERARDO FIGUEROA a.k.a. “Bebo”         50                    Crystal City                

ROBERT TELLES                                         49                    Crystal City

RAMIRO RAMIREZ a.k.a. “Ram”               55                    Crystal City

RONALD DAVALOS a.k.a. “Gato”             46                    Crystal City

ROGELIO DAVILA JR. a.k.a. “Roy”           23                    Crystal City    

ROGELIO DAVILA SR.                               61                    Crystal City

ARTURO HERNANDEZ a.k.a. “Cheffy”     38                    Crystal City    

ARNOLDO ALMEDIA a.k.a. “Ernie”          57                    Crystal City    

ABELARDO RODRIGUEZ a.k.a. “AB”      24                    Crystal City

SIMON CONTRERAS                                  59                    Crystal City    

Genaro Balboa-Falcon, age 47 of Mexico, and Joseph Garza (a.k.a. “Cain”), age 30 of Crystal City, are considered fugitives.

A nine-count federal grand jury indictment, returned on Tuesday and unsealed this morning in Del Rio, charges the above-named defendants--with the exception of David Davalos, Jr. and Maricela Alvarado Davalos--with conspiring to possess with intent to distribute cocaine.  The indictment charges David Davalos, Jr. and Maricela Alvarado Davalos with using a cellular telephone to facilitate drug trafficking.  David Davalos, Sr., Jacinto Davalos, and Bruce Davalos are also charged with one count of maintaining a residence for the distribution of cocaine.  Genaro Balboa-Falcon, Sonia Balboa, Sucel Balboa, Baldemar Balboa, Wilibaldo Mora, Sr., Jorge Rivera, Pura Esquivel and Teresa Lopez are also charged with one count of conspiracy to commit money laundering.

The indictment alleges that since October 1, 2012, the defendants were part of a cocaine distribution conspiracy operating primarily in the Eagle Pass and Crystal City areas. 

The indictment also seeks the criminal forfeiture of nine real estate properties—two in Eagle Pass and seven in Crystal City—alleged as proceeds derived from the illegal drug trafficking activities.  The indictment also seeks a $5.98 Million money judgement which represents the alleged proceeds derived from, and the value of property involved in, the criminal enterprise.

During this investigation, authorities have seized more than 2.5 kilograms of cocaine, approximately 660 pounds of marijuana, 36 firearms, 35 vehicles, a bullet-proof vest, and approximately $110,000 in U.S. Currency attributed to the criminal enterprise.

Upon conviction of the drug conspiracy count and in accordance with individually charged cocaine amounts, Genaro Balboa-Falcon, Sonia Balboa, Wilibaldo Mora Sr, Jorge Rivera, David Davalos Jacinto Davalos and Bruce Davalos face between ten years and life in federal prison; Sucel Balboa, Baldemar Balboa, Wilibaldo Mora, Jr., Pura Esquivel, Teresa Lopez, Angel Ramirez, Gerardo Figueroa, Robert Telles, Ramiro Ramirez, Ronald Davalos, Rogelio Davila, Jr., Rogelio Davila, Sr., Arturo Hernandez, Joseph Garza, Arnoldo Almedia, Simon Contreras, and Abelardo Rodriguez face up to 20 years in federal prison.

Upon conviction of maintaining a residence for the purpose of drug trafficking, the defendants face up to 20 years imprisonment.  Upon conviction of conspiracy to commit money laundering, the defendants face up to 20 years imprisonment.  David Davalos, Jr. and Maricela Alvarado Davalos each face up to four years in federal prison upon conviction of the use of a cellular telephone to facilitate drug trafficking charge. 

All of the arrested defendants remain in federal custody at this time.  Detention hearings are scheduled for August 29, 2016, before United States Magistrate Judge Victor Roberto Garcia in Del Rio.

This investigation was conducted by the Drug Enforcement Administration (DEA), Zavala County Sheriff’s Office, Maverick County Sheriff’s Office, Dimmit County Sheriff’s Office, Eagle Pass Police Department and the U.S. Border Patrol.  The U.S. Marshals Service, Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Texas Department of Public Safety assisted in making the arrests.

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.

Rahul Malhotra, 46-year-old principal owner of Malhotra Law Firm, P.C. in Odessa and citizen of Canada, faces up to five years in federal prison after pleading guilty today to making a false statement to federal authorities announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division. 

Appearing before United States Magistrate Judge Henry J. Bemporad in San Antonio, Malhotra admittedly lied to federal authorities about his ownership of the law firm--a violation of his Visa conditions.  According to court records, in March 1997, Malhotra entered the United States as a Non-immigrant “TN” Visa holder to begin working at a law firm in Odessa.  In 2000, Malhotra purchased the practice and the office space from its owner.  When questioned in October 2014, Malhotra told investigators that another lawyer was the majority shareholder of the Malhotra Law Firm when in fact, he was self-employed as the proprietor of the law firm.

Malhotra remains on bond pending sentencing scheduled for 9:00am on November 17, 2016, before United States District Judge Orlando Garcia.

This investigation was conducted by HSI agents together with U.S. Citizenship and Immigration authorities.  Assistant United States Attorney William F. Lewis, Jr., is prosecuting this case on behalf of the Government. 

In Austin today, 30-year-old Deqwon Saquod Lewis and 24-year old Starisha Shontel Moore, both of Flint, Michigan, were sentenced to 300 months and 235 months in federal prison, respectively, for sex trafficking of minors announced United States Attorney Richard L. Durbin, Jr., and Steven McCraw, Director of the Texas Department of Public Safety.

In addition to the prison terms, United States District Judge Sam Sparks ordered that both defendants be placed on supervised release for a period of five years after completing their prison terms and register as a sex offender.

On May 27, 2016, a federal jury found Lewis and Moore each guilty of two felony counts of sex trafficking of two minor females under the age of 18 years. The jury also determined that both Lewis and Moore were also each guilty of a third count of knowingly transporting one of the minor girls from the State of Texas to the State of Michigan, with the intent to engage the minor in prostitution.

Trial testimony revealed that during the months of June through August of 2015, in Austin and elsewhere, the defendants created and posted online “escort” advertisements that resulted in the sexual exploitation of the minors via commercial sex acts. In August of 2015, the defendants transported one of the minors, who had recently turned 15 years old, from Texas to Flint and Detroit, Michigan for the purpose of sexually exploiting her.

“Crimes against children – especially sex trafficking of minors – are some of the most difficult cases we work; that said, we are pleased to have been part of this important investigation because we helped rescue children and took two dangerous criminals off the street,” said DPS Director Steven McCraw. “The teamwork among federal, state and local law enforcement agencies in these types of investigations is crucial to combatting crime, pursuing suspects and protecting victims – and we are grateful those important partnerships.”

This case was investigated by the Human Trafficking Unit of the Texas Department of Public Safety. Assistant

United States Attorneys Grant Sparks and Ashley Hoff prosecuted this case on behalf of the Government.

In Austin today, five individuals, including three sisters, were sentenced to federal prison for their roles in a scheme that involved over 3,200 fraudulent income tax returns that claimed refunds totaling more than $9 million announced United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.

United States District Judge Sam Sparks sentenced:

• Natividad Mercado Medina, a 38–year-old Mexican national who formerly lived in Conroe, TX, and is residing in Atlanta, GA, to 121 months in federal prison;

• Elizabeth Mercado Medina, a 39–year-old Mexican national residing in Atlanta, GA, to 108 months in federal prison;

• Sofia Mercado Medina, a 37-year-old Mexican national residing in Atlanta, to 108 months in federal prison;

• Bertin Sanchez Garcia, a 28–year-old Mexican national residing in Georgetown, TX, to 33 months in federal prison; and,

• Yajaira Limon Lopez, a 36-year-old Mexican national residing in Houston to 51 months in federal prison.

In addition to the prison terms, Judge Sparks ordered that the defendants pay, joint and severally, $3,888,519.67 restitution to the Internal Revenue Service; and, be placed on supervised release for a period of three years after completing their prison terms.  Judge Sparks also granted the Government’s request to forfeit Sophia’s and Elizabeth’s residences in Georgia and $93,000 in U.S. Currency.

According to court records, in 1996, the Internal Revenue Service began issuing Individual Taxpayer Identification Numbers, or “ITINs”.  By obtaining an ITIN, an individual who is already disregarding federal law by living in the United States illegally is given the opportunity to comply with federal law by filing taxes.  If the applicant can furnish sufficient proof (i.e. foreign birth certificate, national identification card, passport, etc.) that he or she is living in the United States illegally, the IRS will issue that person an ITIN.

Beginning in 2014 and under the direction of Natividad Medina, the defendants conspired to steal money from the U.S. Treasury and U.S. taxpayers by exploiting the ITIN system.  The Medina sisters began by collecting Mexican identification documents from unknown people in Mexico and used those to fraudulently obtain ITINs.  The Medina sisters then used those ITINs to submit false and fraudulent income tax returns to the Internal Revenue Service Center in Austin.  They requested that the IRS mail refund checks to residences or to one of more than 200 post office boxes in and around the Houston area which Lopez had rented and maintained on behalf of the Medina sisters. 

All five defendants, who have remained in federal custody since their arrests in February 2016, entered guilty pleas to one count of conspiracy to commit mail fraud earlier this year.

“These unscrupulous defendants thought they had figured out a clever scheme to thwart the IRS and steal from American taxpayers,” said William J. Cotter, IRS Criminal Investigation, Special Agent in Charge, San Antonio Field Office. “The IRS has made investigating these types of crimes a top priority and we will vigorously pursue those who undermine the integrity of the U.S. tax system.”

This case was investigated by the Internal Revenue Service-Criminal Investigation together with the U.S. Postal Inspection Service.  Assistant United States Attorneys Dan Guess, Matt Harding and Daniel Castillo prosecuted this case on behalf of the Government.

In San Antonio this morning, 35-year-old Texas Mexican Mafia (TMM) member Jerry Idrogo (aka “Spooks”) pleaded guilty to a federal charge claiming responsibility for two murders including the murder of Balcones Heights Police Officer Julian Pesina in May 2014 announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division. 

Appearing before United States District Judge Xavier Rodriguez, Idrogo pleaded guilty to one count of conspiracy to participate in a Racketeering Influenced and Corrupt Organization (RICO).  As a result, Idrogo faces up to life in federal prison.

According to court records, Idrogo, a TMM Northside Sergeant, admitted to killing TMM member Billy Padilla in San Antonio on August 26, 2013, for failing to turn over drug proceeds to the organization.  Also, Idrogo admitted to participating in the murder of Officer Pesina outside his “Notorious Ink Tattoo and Piercing Studio” on May 4, 2014.  The factual basis filed in this case states that although he was a police officer, Pesina was simultaneously claiming membership in the TMM, had tattoos consistent with such membership, and was selling drugs to TMM members.  Idrogo, acting upon the orders of a superior, TMM member Ruben “Menace” Reyes, drove his co-defendants, 38-year-old TMM prospect Alfredo Cardona and 27–year-old TMM-member-in-bad-standing Jesse Santibanez, to Pesina’s business where Cardona and Santibanez shot and killed Pesina. 

By pleading guilty, Idrogo also admitted to conspiring with others to interfere with Commerce by extortion and to distribute methamphetamine, cocaine and heroin in furtherance of the Texas Mexican Mafia’s criminal enterprise.  Idrogo admittedly collected the “dime.”  The “dime” is a 10 percent tax imposed by the TMM on individuals who sell narcotics in their territory for assistance in collecting drug debts as well as a degree of protection from robbery and competing drug dealers. 

Idrogo remains in federal custody awaiting sentencing scheduled for November 16, 2015.  Cardona and Santibanez, who remain in federal custody, await jury selection and trial scheduled for October 17, 2016.  Reyes, who faces life imprisonment, is awaiting sentencing in September after pleading guilty last month to five counts of aiding and abetting the using and discharging of a firearm during and in relation to a crime of violence; and, five counts of violent crime (murder) in aid of racketeering (VICAR).

This investigation was conducted by the FBI together with the San Antonio Police Department, Texas Department of Public Safety Criminal Investigations Division, Bexar County Sheriff’s Department, Frio County Sheriff’s Department, and the Texas Department of Criminal Justice. 

In Midland, a federal grand jury indicted Juan Alfonso Gonzalez Camacho for his role in a scheme that resulted in the issuance of fraudulent Income Tax return refunds announced United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter. 

The indictment, returned on June 22, 2016, and unsealed today in El Paso, charges Camacho with 14 counts of aiding and abetting the preparation of a false Tax Return.  According to the indictment, from January 2011 until April 15, 2013, Camacho prepared and filed income tax returns which claimed deductions to which the defendant knew the taxpayers were not entitled. Based on the 14 counts charged in the indictment, authorities estimate that Camacho’s actions resulted in fraudulent refunds totaling an estimated $162,000.

IRS Criminal Investigation Special Agent in Charge William Cotter said, “IRS-Criminal Investigation Special Agents use their investigative and financial expertise to detect and hold accountable abusive preparers who falsely tell taxpayers they are eligible for tax credits that they are not entitled to receive. Taxpayers should always insist on reviewing their return before signing it, and question any items they do not fully understand.”

Camacho was arrested in El Paso yesterday and had his initial appearance in federal court there this afternoon.  During his initial appearance, Camacho was placed on a $10,000 bond.  His arraignment is scheduled for 3:45pm on August 18, 2016, before United States Magistrate Judge David Counts in Midland.

This continuing investigation is being conducted by the Internal Revenue Service-Criminal Investigation.  Assistant United States Attorney William F. Lewis, Jr. is prosecuting this case on behalf of the Government.

In Del Rio today, the Federal Grand Jury returned a superseding indictment adding new charges against two former Crystal City, TX, officials announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division. 

In February 2016, the federal grand jury indicted 54-year-old former City Manager and City Attorney William James Jonas, III, with one count of conspiracy to commit bribery and three substantive federal programs bribery charges.  The original indictment also charged 40-year-old former Crystal City Mayor Ricardo Lopez with one count of conspiracy to commit bribery and one substantive federal programs bribery charge

Today’s superseding indictment incorporates those original charges and adds 10 new charges against Jonas and five charges against Lopez.  The new charges against Jonas include one count of conspiracy to commit wire fraud and theft of honest services; five substantive counts of wire fraud and theft of honest services; and, four counts of wire fraud.  The new charges against Lopez include one count of conspiracy to commit wire fraud and theft of honest services; and, four substantive counts of wire fraud and theft of honest services.

The superseding indictment alleges that between May 2012 and February 2016, Jonas and Lopez allegedly used their official positions to enrich themselves by soliciting and accepting bribes from persons seeking to do business in Crystal City.  The superseding indictment also alleges that Jonas and Lopez used emails, texts and phone calls to carry out their scheme to defraud Crystal City and its citizens through bribery and the concealment of information. 

The superseding indictment also alleges that Jonas was involved in a wire fraud scheme in connection with a multi-million-dollar contract in May 2014 for various improvements to the City’s infrastructure including replacing the City’s water meters, certain heating and air conditioning equipment, and lighting.  Under the contract, Crystal City agreed to place approximately $2,124,389 in a specific escrow account and only use those funds to pay the provider as phases of the work were completed.  Crystal City subsequently issued Certificates of Obligation and raised $2.25 million specifically for the improvements and for costs related to the issuance of the certificates.  Those monies were deposited into the City General Fund in December 2014. 

The superseding indictment further alleges that Jonas, despite contract requirements, directed City employees to leave the monies in the City’s General Fund which was then used to pay Jonas’ salary as City Manager and City Attorney, reimburse Jonas for certain expenses, and pay certain favored contractors, among other uses.  According to the indictment, the balance in the City’s General Fund after the deposit of the raised funds was $2,207.050.62.  The balance in the City’s General Fund on or about October 31, 2015, was $2,199.95.  On November 6 2015, Crystal City still owed approximately $735,048.79 in payments under the contract.

Upon conviction, Jonas and Lopez face up to five years in federal prison for the conspiracy to commit bribery charge, up to ten years in federal prison for each bribery related charge, and up to 20 years in federal prison for each wire fraud related charge.  Both are out on bond at this time.

Three other defendants in this case—former Mayor Pro-Tem Rogelio Mata, former City councilman Roel Mata, and businessman Ngoc Tri Nguyen have each already entered guilty pleas to a federal programs bribery charge and are awaiting sentencing.  All three remain on bond and face up to ten years in federal prison and up to a $250,000 fine at sentencing. 

A fourth defendant, former City Councilman Gilbert Urrabazo is scheduled to have a re-arraignment hearing at 1:30pm on August 25, 2016, in front of U.S. District Judge Alia Moses in Del Rio.  Urrabazo, who remains on bond, is charged by the initial indictment with one count of conspiracy to commit bribery and one substantive federal programs bribery charge.

This ongoing joint investigation is being conducted by the FBI and the San Antonio Police Department with assistance from the Texas Department of Public Safety Criminal Investigative Division and the Texas Rangers.  Individuals who have first-hand information about corruption, fraud, or bribery related to Crystal City are urged to contact the FBI at (210) 225-6741.

Assistant United States Attorneys Jay Hulings and William R. Harris are prosecuting this case on behalf of the Government. 

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

A former general manager at an orphanage in Malawi was sentenced today to 25 years in prison for one count of engaging in illicit sexual conduct in a foreign place, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas. 

Gerald Campbell, 66, of Odessa, Texas, pleaded guilty on May 18, 2016.  Senior U.S. District Judge Robert A. Junell of the Western District of Texas presided over the sentencing and also ordered Campbell to serve a lifetime term of supervised release and to pay $40,000 in restitution.

According to admissions made in connection with his plea agreement, Campbell engaged in sexual acts with eight minors, all of whom were orphans living at the Victory Christian Children’s Home in Malawi between 1997 and 2009.  Campbell admitted that he used his position as orphanage manager, with access to better accommodations and amenities, such as hot water, to lure the minor victims, one of whom was suffering from the effects of HIV, into his house and sexually abuse them.  In addition, Campbell admitted that he knew that what he was doing was wrong and that he thought nobody would believe the minors if they reported the abuse.  Furthermore, Campbell admitted that he sent money to some of the minors in an attempt to keep them from reporting the abuse to authorities.      

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case with assistance from the Texas Department of Public Safety’s Criminal Investigations Division.  Trial Attorneys Leslie Fisher and Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Brandi Young of the Western District of Texas prosecuted the case. 

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

In San Antonio today, 34-year-old Drew Christopher Potter of Watuga, TX, was sentenced to 41 months in federal prison followed by three years of supervised release for his role in an undocumented alien smuggling conspiracy announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.

On September 18, 2015, Frio County Sheriff’s deputies along with U.S. Border Patrol agents from the Cotulla Border Patrol Station responded to a 911 call from someone who witnessed multiple subjects exiting a semi-tractor trailer parked at a local convenience store along Interstate 35 South.  At the scene, authorities encountered the driver, Potter, and 39 undocumented aliens including 28 adult males, 7 adult females and four minors from Guatemala, El Salvador and Mexico.

On April 21, 2016, Potter pleaded guilty to one count of conspiracy to commit transport undocumented aliens for financial gain.  According to the factual basis filed in this case, Potter admitted that he was paid $800 to drive the semi-tractor trailer containing the undocumented aliens from Laredo to San Antonio. 

This case was investigated by HSI, U.S. Border Patrol and the Frio County Sheriff’s Office.  Assistant United States Attorney Matthew Lathrop prosecuted this case on behalf of the Government.

Today, federal, state and local authorities arrested seven individuals in the El Paso area based on federal drug trafficking and weapons charges.  An eighth defendant was arrested back in June 2016.  That announcement was made today by United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, and Socorro Police Chief Carlos Maldonado. 

Those arrested today include:

Manuel Almanzar
Age: 44
Residence: San Elizario, TX

Oralia Almanzar
Age: 43
Residence: San Elizario

Adrian Garcia (aka “Nanis”)
Age: 45
Residence: Socorro

Jesus Manuel Garcia (aka “Chumel”)
Age: 42
Residence: Clint, TX

Baudelio Marmolejo (aka “Barbie”)
Age: 39
Residence: Socorro           

Ofelia Marmolejo
Age: 68
Residence: Socorro

Noel Salcido (aka “Tata”)
Age: 25
Residence: San Elizario

A three-count federal grand jury indictment, returned on July 20, 2016, and unsealed this afternoon in El Paso, charges the above-named defendants, as well as an eighth defendant--35-year-old Luis Armando Baylon of Socorro--with one count of conspiracy to distribute cocaine.  The indictment also charges Baylon with one count of possession of firearms in furtherance of a drug trafficking crime; and, Ofelia Marmolejo with one count of maintaining a residence for the manufacturing, storing, distribution and using cocaine.

During this investigation, Baylon turned himself in to authorities on June 28, 2016, based on a federal criminal complaint alleging distribution of a controlled substance.  That criminal complaint has now been replaced by the federal grand jury indictment.

The indictment alleges that from August 2014 to June 2016, the defendants conspired to distribute more than 500 grams of cocaine.  The indictment also alleges that on June 22, 2016, Baylon was in possession of a dozen firearms in furtherance of the cocaine distribution conspiracy.  The indictment also seeks the criminal forfeiture of Ofelia Marmolejo’s residence in the 11000 block of Philip Dr. in Socorro, TX, allegedly used to promote the drug distribution operation.

In June, federal, state and local authorities executed multiple search warrants as part of this investigation where they recovered a total of one kilogram of cocaine, 26 firearms and approximately $63,000 in U.S. Currency.

“Today’s arrests demonstrate the FBI’s commitment to work with the Socorro Police Department and our other great federal, state and local partners, to make El Paso and the surrounding areas, like Socorro, safer for our citizens,” stated FBI Special Agent in Charge Douglas E. Lindquist.

Upon conviction of the drug conspiracy charge, the defendants face between five and 40 years in federal prison.  Baylon faces between five years and life in federal prison upon conviction of the firearms charge.  Ofelia Marmolejo faces up to 20 years in federal prison on the maintaining a residence charge.

All of the defendants, with the exception of Baylon, remain in federal custody at this time.  Jesus Manuel Garcia had his initial appearance in federal court this afternoon.  The remaining seven defendants are scheduled to have their initial appearances tomorrow afternoon at 2:30 in front of U.S. Magistrate Judge Miguel A. Torres in El Paso.  Detention hearings are expected to occur next week.  Baylon is currently out on a $20,000 bond.

This investigation was conducted by the FBI and the Socorro Police Department with assistance from the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), U.S. Customs and Border Protection, El Paso County Sheriff’s Office, El Paso Police Department, and the Texas Alcoholic Beverage Commission.

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

In Midland, a former bookkeeper faces federal charges in connection with an alleged scheme to steal over $2 Million from a local businessman announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division; and, Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.

A twelve-count federal grand jury indictment returned today charges 51–year-old Kimberley Dale Boyce of Midland with three counts of mail fraud; three counts of wire fraud; three counts of engaging in monetary transactions with criminally derived funds; and, three counts of tax evasion. 

The indictment alleges that over a two-year period beginning in February 2012, Boyce implemented a scheme involving mailed documentation and wire transfers to syphon money from a Midland County business owner’s bank accounts and place it into bank accounts which she controlled.  In addition, the indictment alleges that Boyce failed to accurately report to the Internal Revenue Service her actual taxable income—totaling more than $2.5 million--for tax years 2012, 2013, and 2014

This morning, Boyce surrendered to federal authorities.  Her bond was set at $50,000 unsecured.  Upon conviction, Boyce faces up to 20 years imprisonment for each wire and mail fraud count; up to ten years imprisonment for each money laundering count; and up to five years imprisonment for each tax evasion count.

This case was investigated by the FBI and IRS-Criminal Investigation.  Assistant United States Attorney William F. Lewis is prosecuting this case on behalf of the Government.

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

In Del Rio this afternoon, former Crystal City Mayor Pro-Tem Rogelio Mata and his brother, former Crystal City Councilman Roel Mata, pleaded guilty to federal charges in connection with a bribery and kickback scheme involving city 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, 43-year-old Rogelio Mata and 44–year-old Roel Mata pleaded guilty to one count of federal programs bribery.  As a result of their guilty pleas, the defendants face up to ten years in federal prison; a fine of up to $250,000; a $12,291.73 monetary judgment; and, forfeiture of approximately $1,000 in U.S. currency seized by authorities during this investigation.  Sentencing has yet to be scheduled.

By pleading guilty, the defendants admittedly used their official positions since February 2015 to enrich themselves by soliciting and accepting cash bribes from persons seeking to do business in Crystal City.  The defendants also admitted that they voted in 2015 to award a contract to a person who had provided them with cash bribes.

Rogelio Mata and Roel Mata are the second and third defendants to enter guilty pleas in this case.  On May 26, 2016, 38-year-old businessman Ngoc Tri Nguyen pleaded guilty to one count of conspiracy to commit bribery involving an entity receiving over $10,000 in federal funds.  By pleading guilty, Nguyen admittedly paid $6,000 in bribes in exchange for various official acts from his co-defendants.  Nguyen, who faces up to ten years in federal prison, is scheduled for sentencing at 3:00pm on November 9, 2016, in Del Rio before Judge Moses.

Former City Attorney and City Manager William James Jonas, age 54, former Crystal City Mayor Ricardo Lopez, age 40, and former City Councilman Gilbert Urrabazo, age 45, all remain under indictment charged with one count of conspiracy to commit bribery involving an entity receiving over $10,000 in federal funds.  Jonas also faces three substantive federal programs bribery charges. Lopez and Urrabazo also faces one substantive federal programs bribery charge.  The matter is currently scheduled for Docket Call on October 11, 2016.

This ongoing joint investigation is being conducted by the FBI and the San Antonio Police Department with assistance from the Texas Department of Public Safety Criminal Investigative Division and the Texas Rangers.  Individuals who have first-hand information about corruption, fraud, or bribery related to Crystal City are urged to contact the FBI at (210) 225-6741.

Assistant United States Attorneys Jay Hulings and William R. Harris are prosecuting this case on behalf of the Government. 

An indictment is merely a charge and should not be considered as evidence of guilt.  Jonas, Lopez and Urrabazo are presumed innocent until proven guilty in a court of law.

In San Antonio this afternoon, 38-year-old Texas Mexican Mafia (TMM) “Lieutenant of Lieutenants” Ruben Reyes (aka “Menace”) pleaded guilty to all federal charges pending against him including responsibility for the murders of four TMM members and Balcones Heights Police Officer Julian Pesina announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division. 

Appearing before United States Magistrate Judge Pam Mathy, Reyes pleaded guilty to five counts of aiding and abetting the using and discharging of a firearm during and in relation to a crime of violence; and, five counts of violent crime (murder) in aid of racketeering (VICAR).

A factual basis filed in this case, which Reyes admitted in court today was true, states that Reyes killed TMM member Ulysses Farias in front of his family in San Antonio on October 12, 2013, in order to improve standing in the TMM. Reyes and TMM member Jerry Moreno carried out the execution based on concerns by TMM leadership that Farias was purportedly talking to federal authorities; and, despite being warned not to because it violated TMM rules, Farias took his wife with him on ”dime” collection runs.  The “dime” is a 10 percent tax imposed by the TMM on individuals who sell narcotics in their territory for assistance in collecting drug debts as well as a degree of protection from robbery and competing drug dealers. 

The factual basis also states that in San Antonio on January 13, 2014, Reyes shot and killed TMM “Captain” Mark Anthony Bernal (aka “Lefty”), TMM “General” Carlos Chapa (aka “Worm”), and TMM “Lieutenant of Lieutenants” Johnny Solis (aka “Smiley”) for their alleged mishandling of approximately $60,000 and making poor decisions in regards to the TMM daily operations.  Reyes subsequently transported and buried the bodies of Bernal, Chapa and Solis in Pearsall, TX.  The factual basis also states that on November 19, 2014, following a failed attempt by TMM members to murder him, Reyes led authorities to the burial site in Pearsall where the bodies of Bernal, Chapa and Solis were recovered.

By pleading guilty, Reyes also admitted responsibility for ordering the murder of Balcones Heights Police Officer Julian Pesina outside his “Notorious Ink Tattoo and Piercing Studio” on May 4, 2014.  The factual basis states that although he was a police officer, Pesina was simultaneously claiming membership in the TMM, had tattoos consistent with such membership, and was selling drugs to TMM members.  Reyes, under orders from TMM leadership, ordered a TMM member, a TMM prospect, and another TMM member, who was not in good standing, to carry out the murder of Pesina.  The firearms used to kill Pesina were subsequently given to Reyes.

Reyes, who remains in federal custody, faces life in federal prison.  Sentencing is scheduled for 9:00am on September 2, 2016, before Senior U.S. District Judge David A. Ezra in San Antonio.

This investigation was conducted by the FBI together with the San Antonio Police Department, Texas Department of Public Safety Criminal Investigations Division, Bexar County Sheriff’s Department, Frio County Sheriff’s Department, and the Texas Department of Criminal Justice. 

In San Antonio this morning, 47-year-old San Antonio businessman Elpidio Gongora (aka “Pete Gongora”) pleaded guilty to federal charges in connection with a scheme to defraud personal injury clients; evading payment of more than $1.6 million in taxes; and, attempting to hide assets valued at $429,000 from the Bankruptcy Trustee.  That announcement was made today by United States Attorney Richard L. Durbin, Jr.; Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division; William Cotter, Internal Revenue Service (IRS) Criminal Investigation Special Agent in Charge; and, Judy A. Robbins, U.S. Trustee for the Southern and Western Districts of Texas.

Appearing before United States District Judge Fred Biery, Gongora pleaded guilty to one count of conspiracy to commit mail fraud, one count of bankruptcy fraud, and one count of tax evasion.  According to court documents, from 2009 through 2014, Gongora, aided and abetted by his co-defendants--Rosa Ramirez, Juan Rodriguez, and Ronald Higgins--operated the law offices of several personal injury attorneys, including the Law Office of Ronald Higgins in the city of San Antonio and elsewhere in Texas, Arkansas and New Mexico.  Ramirez, age 49 of San Antonio, Rodriguez, age 48 of San Antonio, and Higgins, age 55 formerly of San Antonio, await jury selection and trial currently scheduled for September 12th.  All three are charged with one count of conspiracy to commit mail fraud.  Ramirez is also charged with five counts of mail fraud and five counts of aggravated identity theft.

By pleading guilty, Gongora admitted that he stole money from the personal injury clients by failing to pay monies owed to clients under settlement agreements or to pay obligations for medical treatment and physical therapy after committing to do so.  To carry out this scheme, Gongora collected the proceeds of fraudulently endorsed personal injury settlement checks and would hide from the attorneys his failure to pay clients settlement proceeds to which they were entitled. 

In 2013, Gongora and his wife filed for Chapter 7 Bankruptcy in the Western District of Texas.  By pleading guilty, Gongora admitted to his failure to disclose to the Bankruptcy Trustee that he owned personal assets that included a 33-foot Chris Craft cabin cruiser; a 29-foot 2005 Seaswirl boat; a 2005 Ford F-150 truck; real property located on Elm Valley in San Antonio; and, a residence located in Aransas Pass, TX.

By pleading guilty, Gongora also admitted that he willfully attempted to evade paying over $1.6 million in taxes, penalties and interest owed to the Internal Revenue Service for calendar years 2003 through 2005 and 2007 through 2013.

Gongora faces up to 20 years in federal prison for conspiracy to commit mail fraud; up to five years imprisonment for bankruptcy fraud; and, up to five years imprisonment for tax evasion. 

This investigation was conducted by agents with the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation (IRS-CI) and the U.S. Trustee’s Office.  Assistant United States Attorney Bud Paulissen is prosecuting this case on behalf of the Government.

An indictment is merely a charge and should not be considered as evidence of guilt.  Ramirez, Rodriguez and Higgins are presumed innocent until proven guilty in a court of law.

Javier Carlos Arteta Franco, a 58-year-old Venezuelan National and former elementary school teacher in Fort Stockton, faces between five and 30 years in federal prison after pleading guilty this afternoon to child pornography charges announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.

Appearing before United States Magistrate Judge David Counts in Pecos, Arteta Franco pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography.  By pleading guilty, Arteta Franco admitted that from December 2014 to August 2015, he used a file-sharing program to download to his personal computer videos and images of minors engaging in sexually explicit conduct.

On August 19, 2015, HSI agents executed a search warrant at the defendant’s residence and seized his laptop computer.  A forensics analysis of the computer revealed the presence of child pornography that had been downloaded from the Internet.  Arteta Franco has remained in federal custody since his arrest by HSI agents on August 19, 2015.  A sentencing date has yet to be scheduled.

This case was investigated by the Immigration & Customs Enforcement (ICE) Homeland Security Investigations (HSI) in Alpine with assistance from the Fort Stockton Police Department and the Texas Department of Public Safety Criminal Investigations Division.  Assistant U.S. Attorney Sandy Stewart 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.

Earlier today, 34-year-old Luis Armando Ontiveros of San Antonio was sentenced to 145 months in federal prison followed by a 30 years of supervised release for receiving of child pornography announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

On April 25, 2016, Ontiveros pleaded guilty to the charge.  By pleading guilty, Ontiveros admitted that from July 2013 until November 2015, he downloaded images and videos involving child pornography from the Internet.  

In November 2015, federal authorities arrested Ontiveros following the execution of a search warrant at his residence.  A subsequent forensics examination of seized materials, including the defendant’s computer and related media, revealed the presence of approximately 700 images and 270 videos depicting prepubescent children, many of which were engaged in sadistic or masochistic conduct.  Ontiveros has remained in federal custody since his arrest.

This investigation was conducted by the FBI’s San Antonio Child Exploitation Task Force.  Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.

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

This morning, federal, state and local authorities arrested nine individuals in the Austin area, including ring-leaders Xavier Martinez (aka “Javi”) and Eulalio Samarripa (aka “Chico”), for conspiring to distribute heroin announced United States Attorney Richard L. Durbin, Jr. and Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division. 

A one-count federal grand jury indictment unsealed in Austin this afternoon alleges that since April 2014, the defendants have conspired to distribute more than 500 grams of heroin. 

Those arrested this morning include:

Xavier Martinez (aka “Javi)
Age: 47
Residence:  Bastrop

Lisa Martinez                                                
Age: 46
Residence: Bastrop

Xhavier Martinez          
Age: 25
Residence: Bastrop           

Bobby Martinez
Age: 51
Residence: Austin

Darrell Cano
Age: 49
Residence: Bastrop

Eulalio Samarripa (aka “Chico”)
Age: 48
Residence: Austin

Sandra Davila
Age: 41
Residence: Austin

Ray Armonta
Age: 30
Residence: Austin

Zaragosa Marez (aka “Gus“)
Age: 51
Residence: Austin

Upon conviction, the defendants face sentences of between ten years and life in federal prison.  All of the defendants remain in federal custody pending detention hearings later this week.

This eleven-month investigation was conducted by the Drug Enforcement Administration together with the Austin Police Department, Bastrop County Sheriff’s Office, Travis County Sheriff’s Office and the Texas Department of Public Safety. 

Assistant United States Attorney Mark Marshall 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.

In San Antonio this afternoon, 45-year-old Mexican National Mauricio Sanchez-Garza made his initial appearance in federal court following his extradition from Mexico yesterday.  Sanchez is charged by two federal grand jury indictments in the Western District of Texas with laundering drug distribution proceeds and committing extortion in a scheme involving a Hollywood screenplay.  That announcement was made today by United States Attorney Richard L. Durbin, Jr.; Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden; Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter; and, Texas Attorney General Ken Paxton.

Sanchez had remained a fugitive since fleeing the United States to avoid prosecution in 2010.  Sanchez faces two separate federal grand jury indictments.  On December 15, 2010, a federal grand jury charged Sanchez with one count of conspiracy to commit extortion and one count of money laundering.   On July 20, 2011, a separate federal grand jury charged Sanchez with one count of conspiracy to commit money laundering.

According to court records (SA10CR1088), in 2008, Sanchez and 38-year-old Mexican National Jorge Vasquez Sanchez conspired to steal by force a movie manuscript from its rightful owner.  The movie, a project between the owner and Proud Mary Productions, was billed as a prequel to “The Passion of Christ.”

On June 12, 2013, Jorge Vasquez Sanchez was sentenced to four years in federal prison followed by three years of supervised release after pleading guilty to one count of extortion.  The Court also ordered that Jorge Sanchez forfeit to the Government his rights and interests in the movie project—15% of the net profits of the motion picture.

According to court records (SA11CR616), from 2005 until July 2011, Mauricio Sanchez, Jorge Sanchez and Mauricio’s brother, 47-year-old Mexican National Alejandro Sanchez-Garza, conspired to transport into the United States and conduct financial transactions with proceeds derived from illegal drug trafficking in order to conceal the nature of the funds.  Specifically, the defendants entered into joint ventures with drug traffickers by funneling proceeds generated from drug trafficking through their businesses and corporate entities to make the proceeds appear to be legitimate and lawful; insulate the drug traffickers from evidence of criminal involvement in the proceeds; and, to attempt to make a profit for both the defendants and the drug traffickers.

This indictment also contains a notice of criminal forfeiture which seeks the forfeiture of two San Antonio commercial properties as well as a 1991 Bombardier Learjet 31.  The indictment also seeks a monetary judgment in the amount of $5 million representing proceeds derived from the above-mentioned scheme.

Alejandro Sanchez-Garza was arrested in September 2012.  On August 19, 2014, Alejandro Sanchez-Garza was sentenced to 30 months in federal prison followed by three years of supervised release after pleading guilty to one count of conspiracy to commit money laundering. The Court also ordered that Alejandro Sanchez forfeit to the Government his rights and interests in the properties as well as the Learjet.

This case was investigated by the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Texas Attorney General’s Office.  The Justice Department's Office of International Affairs provided assistance with the extradition.  The department appreciates the support of the government of Mexico in extraditing the defendant to the United States.

In San Antonio today, a federal jury convicted a high ranking member and a sicario for the Los Zetas drug cartel, of conspiring to commit numerous murders and other acts of violence in Northern Mexico in furtherance of a drug distribution operation announced United States Attorney Richard L. Durbin, Jr.; Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden; and, Texas Department of Public Safety Director Steve McCraw.

Following a two-week trial, the jury found 33–year-old Marciano Millan Vasquez (aka “Chano”), guilty on all charges including killing while engaged in drug trafficking; conspiracy to distribute and import marijuana; distribution of controlled substances outside the U.S. intending that they be imported into the U.S.; employing minors in a drug crime; conspiracy to distribute cocaine; conspiracy to distribute methamphetamine; conspiracy to possess firearms in furtherance of a drug trafficking crime; and, making a false statement to a federal official.

Testimony during trial revealed that Vasquez was a member of Los Zetas and served as a sicario until 2013 when he took over control of the Piedras Negras “Plaza,” or drug trafficking corridor, for the Los Zetas led by Miguel Trevino Morales (aka “Z-40”) and his brother, Oscar Omar Trevino Morales (aka “Z-42”).  Testimony also revealed that as the “Plaza boss,” Vasquez oversaw the importation and distribution of more than 1,000 kilograms of narcotics (marijuana, cocaine and methamphetamine) into the United States and obtained and distributed firearms amongst Los Zetas members.  Furthermore, testimony revealed that Vasquez was responsible for the murders of at least 29 individuals in Northern Mexico between January 2009 and July 2015. 

In one incident, testimony revealed that in 2013, Vasquez murdered a young girl by dismembering her with an axe and burning her body in front of her parents while laughing and saying, “so you’ll remember me.”  Vasquez then ordered that the mother be killed in similar fashion while forcing the father to watch.  Vasquez then ordered that the father be killed.  According to testimony, Vasquez did so because he and other Los Zetas wanted the father to suffer.  In a prior incident, testimony revealed that Vasquez participated in the massacre of numerous people in Allende, Coahuila, Mexico, at the hands of Los Zetas members in March of 2011.

“The witnesses and victims in the trial of Marciano Millan Vasquez gave testament to the unspeakable savagery and violence of the Los Zetas cartel and Vasquez’s complete disregard for human life,” stated United States Attorney Richard L. Durbin, Jr.  “Without mercy or compunction he brutally murdered anyone and everyone as it suited him and his cartel, at times inflicting the cruelest of pain, forcing relatives to watch their loved ones murdered before he turned his blades on them.  With this verdict his reign of terror over the drug plaza in Piedras Negras has been judged and has come to a close.  This jury has done justice.  His just punishment awaits him.”

Vazquez has remained in federal custody since his arrest in San Antonio on July 15, 2015.  He faces life in federal prison.  Sentencing is scheduled for October 26, 2016, before United States District Judge Xavier Rodriguez in San Antonio.

“Today’s guilty verdict in the Marciano Millan Vasquez case is a significant win for the citizens of south Texas and the multiple law enforcement agencies that conducted this robust investigation. We thank the jury for their service. HSI will continue to work closely with its law enforcement partners to target and investigate violent and dangerous members of transnational criminal organizations in an effort to completely dismantle this criminal element,” said Special Agent in Charge Shane Folden, HSI San Antonio.

“The guilty verdict today sends a strong message that violent drug traffickers who prey on our citizens will be held accountable for the crimes they have committed. DEA along with our Federal, state and local law enforcement partners, will continue to utilize all available resources to ensure that members of violent drug trafficking cartels, such as the Los Zetas, are held responsible for their actions,” said Joseph M. Arabit, Special Agent in Charge of the Drug Enforcement Administration- Houston Division.

This case was investigated by the DEA, HSI, and the Texas Rangers together with the U.S. Marshals Service; U.S. Border Patrol; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Federal Bureau of Investigation (FBI); U.S. Customs and Border Protection (CBP); HSI Office of the Chief Counsel; Texas Department of Public Safety (DPS); Texas National Guard; Guadalupe County Sheriff’s Office; Maverick County Sheriff’s Office; Maverick County Constable’s Office; and the police departments of Austin, San Antonio, Hollywood Park, Castle Hills, Live Oak, Leon Valley, Eagle Pass, Eagle Pass Independent School District, and Richland (MS). 

The Los Zetas is a powerful drug trafficking organization operating out of Mexico, which funnels thousands of kilograms of cocaine, marijuana, methamphetamine, and other narcotics into the United States each year.  The Los Zetas are one of the largest drug cartels operating in Mexico today, with their influence stretching from Central America through Mexico and into cities throughout the United States.  The organization is based in the city of Nuevo Laredo, Tamaulipas, Mexico, and has control over several other Mexican cities located on the United States-Mexico border, including Ciudad Acuna and Piedras Negras—both located in Coahuila, Mexico.  The large-scale drug trafficking of this organization generates multi-million dollar revenues.   

The Los Zetas were first established to be the lethal enforcers for another Mexican drug cartel: The Gulf Cartel.  The leaders of the Gulf Cartel recruited former members of the Mexican Army Special Forces from the Groupo Aeromovil de Fuerza Especiales (GAFES) in the late 1990s.  However, over time the Los Zetas broke away from the Gulf Cartel and began to operate independently.  Heriberto Lazcano, aka Z-3, was the leader of the Los Zetas from 2004 until his death on October 7, 2012 in Coahuila, Mexico.  After his death, Miguel Angel Trevino Morales, aka Z-40 and his brother Oscar Omar Trevino Morales, aka Z-42 assumed the leadership positions.  In April 2009 the President of the United States identified the Los Zetas as a significant foreign narcotics trafficker under the Kingpin Act and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Z-40 and Z-42 as specially designated narcotics traffickers pursuant to the Kingpin Act in July 2009 and March 2010, respectively.

The Los Zetas are organized in a hierarchical structure with certain groups or cells operating in tiers of command.  Its members purchase bulk quantities of narcotics and sell them abroad as well as to other non-Los Zetas drug traffickers operating in Mexico.  In addition to those considered actual members of the Los Zetas, any large scale narcotics trafficker operating in a region controlled by the Los Zetas must support and associate with the Los Zetas or risk execution.  The Los Zetas not only supplies the drugs (marijuana, cocaine, methamphetamine, etc.) to the traffickers, they charge the traffickers a fee (called the “quota”) for the privilege of operating in Los Zetas territory.  That fee includes cash payments as well as firearms and other munitions (ammunition, magazines, etc.).  In addition to allowing these traffickers to operate in their territory, the Los Zetas supplies them with real-time intelligence about the movement and location of the Mexican military and law enforcement. 

In San Antonio today, a federal judge sentenced 35-year-old Miranda Davee to 29 months in federal prison for her role in mail theft, bank fraud and aggravated identity theft scheme announced United States Attorney Richard L. Durbin, Jr. and United States Postal Inspection Service Inspector in Charge Adrian Gonzalez. 

In addition to the prison term, Chief United States District Judge Orlando Garcia ordered that Davee be placed on supervised release for a period of three years after completing her prison term. 

Davee is the final defendant to be convicted and sentenced to federal prison in this investigation.  On June 30, 2016, Judge Garcia sentenced 41–year-old Frederick Bockelman and 33–year-old Jacquelynne Cortez to 51 months and 45 months in federal prison, respectively.  Judge Garcia ordered that all three defendants joint and severally pay a total of $68,705.08 restitution.

Last year, all three defendants pleaded guilty to one count of bank fraud and one count of aggravated identity theft.

According to court records, the defendants schemed to steal checks and other items from U.S. Mail depositories in and around the San Antonio area beginning in November 2014.  Utilizing the stolen information, including bank checks, the defendants created, and subsequently used, fraudulent drivers’ licenses to negotiate fraudulent checks at various businesses in Bexar County.

“The Postal Inspection Service has sought those who steal mail for hundreds of years.  Postal Inspectors investigate a wide variety of crimes in our mission to protect the integrity of the U.S. Mail.  This investigation was an excellent example of a partnership between local and federal law enforcement agencies working together to bring down this conspiracy.  When criminals use the mail to defraud, Postal Inspectors will not hesitate to ensure they are brought to justice,” stated United States Postal Inspector in Charge Adrian Gonzalez.

All three defendants have remained in federal custody since their arrests in June and July of last year

The case resulted from an investigation by the United States Postal Inspection Service together with the Selma Police Department.  Assistant United States Attorney Tom Moore prosecuted this case on behalf of the Government.

In Midland, four men are charged for scheming to steal an estimated $365,000 worth of diesel fuel announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist. 

A federal grand jury indictment unsealed this week charges 32–year-old Isai Navarette of Odessa; 35-year-old Omar Gardea Lujan of Odessa; 30-year-old Jesus Lozoya of Gardendale, TX; and, 43-year-old Jorge Urias Carrasco of Odessa with eight counts of Access Device Fraud.

The indictment alleges that from January 2014 to September 2014, the defendants knowingly used unauthorized access devices--eight stolen fuel cards--to unlawfully acquire bulk loads of diesel fuel.

Upon conviction of each charge, the defendants face up to ten years in federal prison and a maximum $250,000 fine.

Federal authorities arrested Carrasco earlier today; and, Navarrete, Lujan and Lozoya yesterday.  Navarrete, Lujan and Carrasco have been released on $10,000 bonds while Lozoya remains in custody pending a detention hearing scheduled for 10:00am on July 25, 2016, before U.S. Magistrate Judge David Counts in Midland.

This investigation was conducted by the FBI’s Permian Basin Oilfield Theft Task Force and the Texas Comptroller’s Office - Criminal Investigation Division.   

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

In Del Rio, a federal judge has sentenced 43-year-old former Del Rio police officer Raymond Villarreal to seven years in federal prison for drug distribution announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.

At sentencing yesterday afternoon, United States District Judge Alia Moses also ordered that Villarreal pay a $3,000 fine and be placed on supervised release for a period of five years after completing his prison term.

“While some may mistakenly view smuggling and trafficking in narcotics as a path to a quick profit, the sentencing of Raymond Villarreal demonstrates that serious consequences await those who engage in this criminal activity,” said Special Agent in Charge Shane Folden, HSI San Antonio. “HSI will continue to work closely with its law enforcement partners to bring narcotics traffickers to justice, even those in the position of public trust.”

On May 21, 2015, Villarreal pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance.  By pleading guilty, Villarreal admitted that from January 2012 to December 2013, he distributed cocaine throughout the Del Rio area from his business, Raul’s Body Shop. 

This case was investigated by HSI agents out of Del Rio, TX, with the support of the Texas Department of Public Safety, Drug Enforcement Administration, Val Verde County Sheriff’s Office and the Del Rio Police Department.  The case was prosecuted by Assistant United States Attorneys Todd R. Keagle and Michael Galdo.

A Barrio Azteca (BA) gang member pleaded guilty today for his participation in a racketeering 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 Field Division announced today.

Luis Humberto Hernandez Celis, aka Pac, 32, of El Paso, pleaded guilty before U.S. District Judge Kathleen Cardone in the Western District of Texas to racketeering conspiracy, conspiracy to distribute and possess with intent to distribute controlled substances and conspiracy to import heroin, cocaine and marijuana.  The court has not yet set a sentencing date.

According to court documents and information presented in court throughout this case, the BA gang formed in the late 1980s as a violent prison gang and has expanded into a transnational criminal organization.  The BA is primarily 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. 

According to court documents, since Jan. 1, 2003, members and associates of the BA have engaged in a host of criminal activity committed, including drug trafficking, extortion, money laundering, kidnapping and murder, including the March 13, 2010, murders in Juarez of U.S. consulate employee Leslie Ann Enriquez Catton, her husband Arthur Redelfs and Jorge Alberto Salcido Ceniceros, the husband of another U.S. consulate employee.

The BA profits by importing heroin, cocaine and marijuana into the United States from Mexico.  Gang members and associates also allegedly charge a “street tax” or “cuota” on businesses and criminals operating in their turf.  These profits are used to support gang members in prison by funneling money into prison commissary accounts of gang leaders and to pay for defense lawyers or fines.  The “cuota” profits are also allegedly reinvested into the organization to purchase drugs, guns and ammunition.

According to information presented in court, beginning in or around 2009, Hernandez Celis was an associate of the BA.  During his association, Hernandez Celis used violence or threats of violence to advance BA criminal activities, including stealing cars, managing drug distribution points and collecting quota money for a BA leader in Juarez.   

Thirty-five members and associates of the BA gang, including Hernandez Celis, were charged in a third superseding indictment unsealed in March 2011 with various counts of racketeering, murder, drug offenses, money laundering and obstruction of justice.  Of the 35 defendants charged, 33 have been apprehended.  Of those defendants, 25 have pleaded guilty, one defendant committed suicide while imprisoned during his trial and one defendant was found guilty at trial.  Hernandez Celis was among three defendants, along with Ricardo Valles de la Rosa, aka Chino, and Alberto Nunez Payan, aka Fresa, recently extradited from Mexico.  Trial is currently set for Feb. 3, 2017.  Three other defendants are pending extradition from Mexico.  U.S. and Mexican law enforcement are actively seeking to apprehend the two remaining fugitives in this case: Luis Mendez and Eduardo Ravelo, who is an FBI Top 10 Most Wanted Fugitive. 

Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Jay 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 are prosecuting the case.  The Criminal Division’s Offices of International Affairs and Enforcement Operations provided valuable assistance.

The FBI’s El Paso Field Office and 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; Federal Bureau of Prisons; 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, New Mexico, Prison Facility provided special assistance.          

This morning, federal, state and local authorities arrested a Sureños gang member and an associate charged in connection with methamphetamine trafficking in El Paso announced United States Attorney Richard L. Durbin, Jr., 34th Judicial District Attorney Jaime Esparza, Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, and El Paso Police Chief Greg Allen. 

A federal grand jury indictment unsealed this afternoon in El Paso charges 29–year-old Sureños member Carlos Dorado (aka “Chapo”) of Anthony, NM, and 37–year-old Sureños associate Melissa Alonso (aka “Poison Ivy”) of El Paso. with one count of conspiracy to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine.  According to the indictment, the defendants conspired to distribute methamphetamine throughout the El Paso area from October 2014 through June 2015.

Upon conviction, Dorado faces between ten years and life in federal prison; Alonso, up to 20 years in prison.

In addition to Dorado and Alonso, state authorities have filed charges against Sureños members Terry Alvarado (aka “Smokey”), age 25, of El Paso, and Mario Ramiro Rodriguez (aka “Rukus”), age 33, of El Paso, in connection with this investigation.  Alvarado and Rodriguez are both charged with engaging in organized criminal activity; and, manufacture and delivery of a controlled substance.  Engaging in organized criminal activity and manufacture and delivery of a controlled substance are both 1st degree felonies which call for between five and 99 years imprisonment upon conviction.  Rodriguez is currently in state custody on an unrelated charge; Alvarado is considered a fugitive.

Today’s arrests mark the end of a two-year-investigation into drug trafficking by Sureños gang members in the El Paso area.  To date, this investigation has resulted in the convictions of more than 25 defendants and the seizure of more than ten pounds of “crystal” methamphetamine; over four gallons of liquid methamphetamine; and, approximately 19 firearms.     

This investigation was conducted by the Safe Streets Task Force in El Paso comprised of FBI, DEA, El Paso Police Department, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Marshals Service, U.S. Customs and Border Protections, Texas Department of Public Safety, El Paso County Sheriff’s Office, Texas Alcohol Beverage Commission and the El Paso Independent School District Police Department.   

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

In San Antonio, a federal grand jury has returned a superseding indictment against the highest ranking leaders of the Bandidos Outlaw Motorcycle Organization (OMO) adding a murder charge and a new defendant to the federal racketeering indictment returned in January. 

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; and San Antonio Police Chief William McManus.

The superseding indictment, unsealed this morning in San Antonio, incorporates the charges contained in the original federal grand jury indictment against Bandidos National President Jeffrey Fay Pike, National Vice President John Xavier Portillo and National Sergeant at Arms Justin Cole Forster.  Pike, age 60 of Conroe, TX; Portillo, age 56 of San Antonio; and, Forster, age 31 of San Antonio are accused of directing, sanctioning, approving and permitting other members of the organization to carry out racketeering acts including murder, attempted murder, assault, intimidation, extortion and drug trafficking to protect and enhance the organization’s power, territory, reputation and profits.  

According to the superseding indictment, the Bandidos OMO declared it was “at war” with the Cossacks OMO.  The superseding indictment specifically alleges a number of violent acts committed by Bandidos OMO members in furtherance of this “war.”  The superseding indictment also alleges that Portillo, Forster and other members of the Bandidos OMOM 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.

The superseding indictment also alleges that Portillo and Southwest San Antonio Chapter member Frederick Cortez (aka “Fast Fred”) were involved 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 and Cortez, was killed outside a San Antonio bar in October 2001.  Federal authorities arrested Cortez yesterday.

Pike, Portillo and Forster 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 three substantive VICAR counts, plus 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.  Forster is also charged with one count of conspiracy to possess with intent to distribute methamphetamine and cocaine; and, two counts of possession with intent to distribute methamphetamine.  Cortez is charged with one substantive VICAR count.

Portillo, Forster and Cortez remain in federal custody.  Pike is currently out on bond pending trial.  Jury selection is currently scheduled for October 11, 2016.  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, 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.  Assistant United States Attorneys Eric J. Fuchs and Joey Contreras are prosecuting this case on behalf of the Government.

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

In Del Rio today, 45–year-old Eduardo Rocha, Sr. (aka “Lalo”), was sentenced to life in federal prison for his leadership role in an undocumented alien smuggling ring operating in Carrizo Springs, TX, that tortured victims while waiting for ransom payments announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden and Dimmit County Sheriff Marion Boyd.

In addition to the prison term, United States District Judge Alia Moses ordered that Rocha pay $10,481.20 restitution to his victims and forfeit to the Government his real property located in Carrizo Springs where the crimes were committed.

“As this sentence makes clear, those who exploit people in this brutal way will themselves face serious consequences,” said Special Agent in Charge Shane Folden, HSI San Antonio.  “Alien smugglers view their clients as nothing more than a payday and they have no qualms about using threats and violence to collect their smuggling fees.”

On April 23, 2015, a federal jury convicted Rocha of two counts of conspiracy to commit hostage taking; conspiracy to transport illegal aliens involving serious bodily injury; conspiracy to transport illegal aliens involving serious bodily injury; and, three separate counts of harboring an illegal alien involving serious bodily injury.

Evidence presented during trial revealed that Rocha, Sr. operated his smuggling cell between Carrizo Springs and Piedras Negras, Mexico since at least 2013.  Rocha, Sr. claimed to be affiliated with Los Zetas, a trans-national Drug Trafficking Organization operating out of Mexico.  Members of Rocha, Sr.’s cell had used buildings located at Rocha’s Carrizo Springs property to hold the illegal aliens before transport further into the United States.  Witnesses testified that Rocha held the aliens against their will in an effort to extort more money from family members in the United States.

Evidence also revealed that Rocha ordered his accomplices to torture the illegal aliens being held captive in an effort to extort money.  A female was raped multiple times, and family members were made to listen over the telephone as aliens were tortured with a hammer, and threatened with decapitation and mutilation.  A family member in Virginia called 911, which prompted a rescue operation by Dimmit County Sherriff’s Deputies, Agents with Homeland Security Investigations, and U.S. Border Patrol on May 4, 2014.

Today, Judge Moses also sentenced two co-conspirators--34-year-old Atanacio Daniel Castro and 24–year-old Eduardo Rocha, Jr.—to 20 and 15 years in federal prison, respectively, for their roles in the criminal operation. 

Three other codefendants--40-year-old Christopher Jones, 34-year-old Tara Cournoyer, and 27–year-old Esmeralda Cruz--were sentenced last year to 66 months, 65 months and 71 months in federal prison, respectively, for their roles in the conspiracy to harbor undocumented aliens involving serious bodily injury.

This case was investigated by HSI agents out of Eagle Pass, TX, with the support of the Dimmit County Sheriff’s Office, U.S. Border Patrol, and the Texas Department of Public Safety criminal laboratory.  The case was prosecuted by Assistant United States Attorneys Matthew Watters and Patrick Burke.

The Natural Epicurean Academy of Culinary Arts, a culinary school in Austin, Texas, has agreed to settle charges of disability discrimination brought by the United States Department of Justice, announced United States Attorney Richard L. Durbin, Jr. this afternoon. 

The settlement resolves allegations that the school violated the Americans with Disabilities Act of 1990 (ADA).  Under the ADA, businesses generally must provide aids such as sign-language interpreters when necessary to communicate with individuals who are deaf or hard of hearing.

The Department of Justice opened its investigation into the Academy based on a complaint from Heather Suhr, who had applied to the Academy’s professional chef training program. After Ms. Suhr informed the Academy that she is deaf and that she expected to need a sign language interpreter, the Academy denied her admission. When Ms. Suhr asked the Academy to reconsider, the Academy required her to visit from out of state and declined to provide a sign-language interpreter during her visit, so that Ms. Suhr had to arrange her own interpreter. Ms. Suhr tried to discuss with the Academy what sort of communication aids might work for her, but as the Department of Justice’s investigation determined, the Academy did not respond adequately to Ms. Suhr’s efforts. After over seven months of trying to work with the Academy, Ms. Suhr finally withdrew her application. Based on its investigation, the Department of Justice determined that the Academy had discriminated against Ms. Suhr in violation of the ADA.

Under the settlement announced today, the Academy agreed to implement a new nondiscrimination policy and to monitoring by the United States Attorney’s Office for the Western District of Texas. The Academy also agreed to pay Ms. Suhr $8,000 and to pay the United States a civil penalty of $1,000. In return, the United States and Ms. Suhr agreed not to file suit against the Academy.

To file a complaint that a business has violated the ADA, go to https://www.ada.gov/filing_complaint.htm or fax a copy of the complaint to (202) 307-1197.

Assistant United States Attorney Zachary Richter handled this matter for the United States Attorney’s Office for the Western District of Texas.

In San Antonio, 23-year-old former U.S. Navy Seaman James Tyler George chose to stop his trial yesterday afternoon and plead guilty to all nine federal child pornography charges announced United States Attorney Richard L. Durbin, Jr.

George pleaded guilty to six counts of production of child pornography, one count of receipt of child pornography, one count of possession of child pornography and one count of transfer of obscene materials to minors.  As a result, George faces up to 30 years in federal prison for each production charge; up to 20 years in federal prison for the receipt and possession charges; and, up to ten years in federal prison for the transfer of obscene materials charge. 

Statements and testimony offered during the day of trial revealed that George, while stationed at Joint Base San Antonio -- Lackland in 2014, used the Internet to search, find, receive and trade child pornography.  Furthermore, George persuaded six female minors to send him sexually explicit photographs of themselves.  George also sent those female minors sexually explicit photos of himself.

Testimony also revealed that the mother of one of the minor females contacted the online Navy tip hotline after discovering a sexually explicit photo on her daughter’s phone that George had sent.  When he sent the photo, the minor female had just turned 15.  On August 19, 2014, Naval authorities searched George’s barrack and seized three phones and a couple of data cards.

George, who remains in federal custody, is scheduled to be sentenced on October 11, 2016, before Senior United States District Judge David A. Ezra in San Antonio.

This investigation was conducted by the Naval Criminal Investigative Service (NCIS).  Assistant U.S. Attorney Sarah Wannarka is prosecuting this case on behalf of the Government.

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

In Waco, a jury returned guilty verdicts against 55–year-old DTS Medical Supply Company owner Daniel Thomason Smith and 45-year-old DTS office manager Kathleen Marina Kelly-Tuorila in connection with 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.

The jury convicted both defendants 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.  A third defendant in this case, 60–year-old Robin Renee Haigler of Waco, TX, pleaded guilty to the conspiracy charge on August 17, 2015.

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 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 Haigler 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.

Following the reading of the verdict yesterday afternoon, U.S. District Judge Alia Moses remanded Smith and Kelly-Tuorila into federal custody.  Both face up to ten years imprisonment on the conspiracy count; up to ten years imprisonment on the aiding and abetting Health Care Fraud count; up to two years in federal prison for each aggravated identity theft count; and, up to five years in federal prison for each false statement count.  Sentencing for Smith and Kelly-Tuorila has yet to be scheduled.  Haigler, who remains on bond pending sentencing in September, faces up to ten years in federal prison.

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.

This morning, federal, state and local authorities arrested 18 individuals in the Austin area and two individuals in the Houston area on federal drug trafficking charges 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 in Austin this afternoon charges 19 of those arrested with one count of conspiracy to possess with intent to distribute cocaine, methamphetamine and marijuana.  Allegedly, these defendants are responsible for the distribution of multi-kilogram quantities of narcotics since May 2014.  The 20th individual, 30-year-old Julianne Maynard of Austin, was arrested this morning and charged by federal criminal complaint with conspiracy to distribute controlled substances.

Those arrested this morning include:

NAME                                                                     AGE                RESIDENCE

Harold Lee Urias, III (aka “Hero”)                   38                    Austin
Nancy Urias-Jaimes                                            32                    Austin
Anthony Acosta                                                    41                    Austin
Aaron Anderson                                                   41                    Austin
Joe Beltran                                                            40                    Austin
Edward Cortinas (aka “Cort”)                            58                    Austin
Alfred Escobar                                                     44                    Austin
Virgil Fernandez, Jr.                                           57                    Austin
Alfredo Garza                                                      32                    Austin
John Carl Garza (aka “Juanillo”)                     50                    Austin
Jesus Gonzalez                                                   24                    Katy, TX
Wayne Limon                                                     44                    Buda, TX
Jose Ortiz, II                                                       28                    Austin
Angelo Perez                                                       37                    Austin
Phillip Anthony Rivera (aka “AntDog”)          41                    Austin
Seaton Scott Salazar (aka “Saul”)                     39                    Austin
Mark Selvera                                                        45                    Austin
Luis Miguel Villanueva                                       22                    Houston
Paul Villanueva (aka “Ponka”)                          49                    Austin
Julianne Maynard                                               30                    Austin

Upon conviction, the defendants face sentences of between ten years and life in federal prison.  All of the defendants remain in federal custody pending detention hearings beginning on Friday morning before United States Magistrate Judge Andrew Austin.

In addition to today’s arrests, authorities have seized over four kilograms total of cocaine, marijuana, and methamphetamine; nine firearms, two vehicles, and approximately $50,000 in U.S. Currency during this operation.   

This two-year-old investigation was conducted by the Federal Bureau of Investigation’s Safe Streets Task Force comprised of the Texas Department of Public Safety, Austin Police Department, Texas Department of Criminal Justice Office of Inspector General, Travis County Sheriff’s Office and the Round Rock Police Department. 

“Partnership is essential to the success of investigations, and we thank our law enforcement partners for their efforts during this operation that culminated in today’s arrests,” stated FBI Special Agent in Charge Christopher Combs, San Antonio Division.  “Removing dangerous drugs and violent criminals from our neighborhoods is essential to ensure a bright future for our families.   The FBI and its task force partners are committed to disrupting violent gang activity and improving the quality of life in our communities.”     

Assistant United States Attorney Douglas Gardner 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.