FEDERAL DISTRICT ARCHIVE
Western District of Texas
Press releases recorded for this federal judicial district.
Folk Nation/Gangster Disciples Gang Member Receives Life Sentences for Federal Sex Trafficking ViolationsRead the Press Release
In El Paso today, Folk Nation/Gangster Disciples member Richard Gray received three concurrent life sentences for federal sex trafficking violations announced Acting United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
This morning, United States District Judge Philip R. Martinez sentenced Gray to life in federal prison for conspiracy to commit sex trafficking of persons; sex trafficking by force, fraud and coercion; and, sex trafficking of children. Judge Martinez also sentenced Gray to the statutory maximum ten years in federal prison for transportation for prostitution.
This afternoon, Judge Martinez sentenced 26-year-old co-defendant Deion Lockhart to three concurrent terms of 300 months in federal prison followed by ten years of supervised release for conspiracy to commit sex trafficking of persons; sex trafficking by force, fraud and coercion; and, aiding and abetting sex trafficking of children.
On January 16, 2015, jurors returned guilty verdicts against Gray and Lockhart plus two other gang members: 24-year-old Emmanual Lockhart and 29–year-old former El Paso County juvenile probation officer Timothy McCullouch, Jr. Jurors convicted Lockhart and McCullouch of one count of conspiracy to commit sex trafficking of persons. Jurors also convicted McCullouch of one count of sex trafficking of children.
Testimony during trial revealed that between May 2012 and March 2013, the defendants were involved in the forced prostitution of juveniles and adults by the Folk Nation/Gangster Disciples street gang. The defendants used a combination of force, fraud, and coercion to compel their victims to engage in sexual activities for money in El Paso; Killeen, TX; Albuquerque, NM; Las Vegas, NV; and, in Colorado.
Emmanual Lockhart is scheduled for sentencing tomorrow morning at 8:00am in front of Judge Martinez. McCullouch is scheduled to be sentenced at 8:30am on Monday, June 29, 2015. Both face up to life in federal prison.
This investigation was conducted by the ACTeam (Anti-Trafficking Coordination Team) comprised of personnel from Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI), and U.S. Department of Labor together with the El Paso Police Department Gang Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorneys Rifian Newaz and Robert Almonte are prosecuting these defendants on behalf of the Government.
El Paso Businesswoman Pleads Guilty to Preparing False Tax ReturnRead the Press Release
In El Paso yesterday, 43-year-old Blanca Arcelia Ramos Estrada, owner of Blanca and Sons Tax Service in El Paso, pleaded guilty to preparing a false tax return announced Acting United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
Appearing before United States Magistrate Judge Miguel A. Torres, Ramos pleaded guilty to one count of aiding and assisting in the preparation of a false tax return. By pleading guilty, Ramos admitted she fraudulently inflated income amounts for her clients in order to maximize their refunds under the Earned Income (EIC) Provisions of the tax code. The IRS investigation determined that Ramos aided and assisted in the preparation and filing of a number of similar false tax returns with combined losses of approximately $140,000.
By pleading guilty, Ramos faces three years of imprisonment, a fine not to exceed $250,000, and a term of supervised release of not more than one year. No sentencing date has been scheduled.
This case was investigated by the IRS-CI. Assistant United States Attorney Steven Spitzer is prosecuting this case on behalf of the Government.
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Former U.S. Army Contractor in Iraq Sentenced to Federal Prison for Stealing in Excess of $2.6 Million in U.S. Military EquipmentRead the Press Release
In Waco, 47-year-old Stacey B. Hines of Lacey, WA, a former contractor for the U.S. Army employed by Raytheon and assigned to Camp Taji in Iraq as an advisor to the Iraqi Army, was sentenced to 46 months in federal prison for stealing U.S. government property valued at more than $2.6 million and selling it on the black market in Iraq announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Walter Smith, Sr., ordered that Hines pay $2,638,736.34 restitution and be placed on supervised release for a period of three years after completing his prison term. Judge Smith sentenced Hines yesterday afternoon.
On April 9, 2015, Hines pleaded guilty to one count of conspiracy to defraud the United States and one count of theft of Government property. By pleading guilty, Hines admitted that from December 2012 to September 2013, he and others conspired to steal eight cargo containers full of U.S. goods from Camp Taji. Those containers were primarily filled with vehicle parts, machine parts, computers and communications equipment. According to court records, in January 2013, Iraqi officials in Baghdad recovered multiple cargo containers full of U.S. Government property while in the possession of two Iraqi citizens. It was determined that those containers were among eight unaccounted for containers from Camp Taji. Furthermore, investigators discovered that Hines agreed to sell the containers and their contents to the two Iraqi citizens for approximately $210,000.
On April 9, 2014, Judge Smith sentenced 34–year-old co-defendant David Rodriguez of Killeen, TX, to 27 months in federal prison for his role in the scheme. During the scheme, Rodriguez was a Department of Defense employee serving as the Director of Logistics at Camp Taji. Rodriguez admittedly helped arranged for the loading of the containers and their transportation off of Camp Taji.
The case resulted from an investigation by the United States Army Criminal Investigation Division (Army CID), Defense Criminal Investigative Service (DCIS) and the Special Inspector General for Iraq Reconstruction (SIGIR). The United States Air Force Office of Special Investigations (USAFOSI), Force Protection Detachment in Iraq assisted in this investigation. This case was prosecuted by Assistant United States Attorney Greg Gloff.
18 Waco Area Aryan Brotherhood Members and Associates Sentenced to Federal Prison for Role in Methamphetamine Distribution OperationRead the Press Release
In Waco today, a federal district judge sentenced 18 Aryan Brotherhood (AB) members and associates to federal prison for their roles in a methamphetamine distribution conspiracy announced Acting United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Drug Enforcement Administration Special Agent in Charge Joseph M. Arabit, Houston Division.
United States District Judge Walter S. Smith sentenced:
David Aguilar, age 35, of Belton, TX, to 188 months imprisonment followed by 5 years of supervised release;
Oscar Walker (aka “Country”), age 30, of Temple, TX, to 188 months imprisonment followed by 5 years of supervised release;
Ronnie Johnson, age 49, of Belton, to 151 months imprisonment followed by 5 years of supervised release;
Christopher Breckenridge, age 39, of Gatesville, to 130 months imprisonment followed by 5 years of supervised release;
Robert Morgan (aka “Hopper”), age 45, of Temple, to 121 months imprisonment followed by 5 years of supervised release;
John McLaughlin, age 34, of Temple, to 120 months imprisonment followed by 5 years of supervised release;
William Hubert Brackett, age 24, of Temple, to 108 months imprisonment followed by 5 years of supervised release;
Lucas West, age 29, of Lampasas, TX, to 84 months imprisonment followed by 5 years of supervised release;
James Malady, age 28, of Belton, to 84 months imprisonment followed by 5 years of supervised release;
Ricky Levy, age 54, of Nolanville, TX, to 84 months imprisonment followed by 5 years of supervised release;
Joshua Wilkins, age 27, of Gatesville, TX, to 60 months imprisonment followed by 5 years of supervised release;
Michelle Johnson, age 47, of Belton, to 60 months imprisonment followed by 5 years of supervised release;
Nicole Marshall, age 35, of Gatesville, TX, to 60 months imprisonment followed by 5 years of supervised release;
Farron Russell, age 34, of Belton, to 48 months imprisonment followed by 3 years of supervised release;
Thomas Clifton, age 46, of Waco, to 48 months imprisonment followed by 3 years of supervised release;
Jeremiah Jones, age 37, of Gatesville, to 37 months imprisonment followed by 3 years of supervised release;
Larry Wayne Jeremiah, age 33, of Belton, to 24 months imprisonment followed by 3 years of supervised release; and,
Robert Blake Doty, age 32, of Temple, to 21 months imprisonment followed by 3 years of supervised release.
In addition to the prison and supervised release terms, Judge Smith ordered each defendant to pay a $1,000 fine.
Sentencing for three defendants, originally set for today, was continued. Loren Swanson, age 40, of Belton, is now set for 1:00 tomorrow afternoon. Vicki Kay Levy, age 52, of Belton, is now set for 1:00pm on June 17, 2015. Amanda Petrie, age 35, of Temple, is now set for 1:00pm on August 12, 2015.
Seven other defendants are scheduled to be sentenced at 1:00pm on June 24, 2015. They are: 40-year-old Robert Eaton (aka “Compound Rob”) of Kempner, TX; 52-year-old Henry David Walker (aka “Stalker”) of Temple; 55-year-old Wayne Martin Huisinger of Belton; 40-year-old Eric Ganos of Temple; 49-year-old Kirt Easter of Belton; 30-year-old Robert Helms of Temple; and, 23-year-old Sonya Whitenburg of Flat, TX.
Ronnie Knepler, age 54, of Belton, and Jose Rodriguez, age 25, a resident alien living in Dallas, are scheduled to be sentenced on July 8, 2015. Sylvia O’Neal, age 41, of Temple, is scheduled to be sentenced on August 5, 2015, and Colby Warren, age 40, of Gatesville, is scheduled to be sentenced on September 2, 2015.
All of the defendants named above pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. Robert Eaton also pleaded guilty to one count of possession of a firearm during a drug trafficking crime and one count of felon in possession of a firearm. David Henry Walker also pleaded guilty to two counts of felon in possession of a firearm. During this 10-month-long operation, investigators conducted several controlled methamphetamine purchases. To date, authorities have seized approximately nine pounds of “crystal” methamphetamine, 15 firearms, over $9,000 in U.S. Currency and other assets in connection with this investigation.
“These sentences resulted from unprecedented collaboration of federal, state, and local law enforcement targeting a large-scale prison gang involved in violent organized crime over three counties in Central Texas,” said FBI Special Agent in Charge Christopher Combs. “This effort not only exemplifies our commitment to prevent gang violence and criminal activity from poisoning our communities, but it also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent criminal enterprises regardless of where they lay their heads.”
Derrick Cooper (aka “Red”), age 35, of Temple, and Chris Voerhis (aka “Lurch”), age 50, of Moffat, TX, were also charged by federal grand jury indictment as a result of this investigation. On June 5, 2015, Cooper withdrew his guilty plea to one count of conspiracy to distribute between 50 grams and 500 grams of methamphetamine. He is scheduled for jury selection and trial on August 3, 2015, in Waco before Judge Smith. Voerhis, who was arrested on Monday, is scheduled to have his detention hearing tomorrow at 2:00pm before U.S. Magistrate Judge Jeffrey C. Manske in Waco. He is charged with one count of conspiracy to distribute between 50 grams and 500 grams of methamphetamine. Cooper and Voerhis face between five and 40 years imprisonment upon conviction.
“Operation ‘La Flama Blanca’ has inflicted a debilitating blow to the network of shadow and often violent facilitators of the Aryan Brotherhood of Texas,” said Joseph M. Arabit, Special Agent in Charge of the Drug Enforcement Administration--Houston Field Division. “This operation highlights a deliberate and strategic effort to cut off and shut down the supply of methamphetamine trafficked by the Aryan Brotherhood and the corresponding impact that this horrific drug inflicts on our communities.”
This case is the result of a joint investigation conducted by the Federal Bureau of Investigation and the Drug Enforcement Administration together with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Temple Police Department, Texas Department of Public Safety, Texas Department of Criminal Justice-Office of Inspector General, McLennan County Sheriff’s Office, Coryell County Sheriff’s Office, Bell County Sheriff’s Office, Gatesville Police Department, Lampasas Police Department, Killeen Police Department, Austin Police Department and the United States Marshals Service. Assistant United States Attorneys Mark Frazier and Stephanie Smith-Burris are prosecuting this case on behalf of the Government.
Former D’Hanis State Bank President Pleads Guilty to Wire FraudRead the Press Release
In San Antonio today, a former D’Hanis State Bank (DSB) president Laurie Mayfield (aka “Laurie H. Scott”) admitted that she filed fraudulent bank regulating reports which overestimated the bank’s assets announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division and U.S. Secret Service Special Agent in Charge Lee Dotson.
Appearing before United States Magistrate Judge John Primomo, the 54–year-old Fredericksburg, TX, resident pleaded guilty to one count of wire fraud. According to court records, from January 2012 until September 2014, Mayfield prepared and filed false Consolidated Reports of Condition and Income (aka “Call Reports) with federal and state bank regulators on behalf of DSB which overstated the assets of DSB by approximately $830,000. By pleading guilty, Mayfield admitted that on September 16, 2014, she emailed those false reports to a prospective buyer of DSB. The buyer relied on those false DSB Call Reports in their decision to purchase DSB.
Mayfield faces up to 30 years in federal prison. She remains on bond pending sentencing scheduled for September 9, 2015, before United States District Judge Xavier Rodriguez.
The case resulted from a joint investigation by the Federal Bureau of Investigation, U.S. Secret Service, Federal Deposit Insurance Corporation (FDIC) and the Office of Inspector General for the Board of Governors of the Federal Reserve System – Consumer Financial Protection Bureau. This case is being prosecuted by Assistant United States Attorney Greg Surovic.
Austinite Sentenced to Federal Prison for Attempting to Travel to Syria to Join ISIL/ISISRead the Press Release
In Austin this morning, U.S. District Judge Sam Sparks sentenced 24-year-old Michael Wolfe (aka “Faruq”) to 82 months in federal prison followed by five years of supervised release for attempting to provide material support and resources to a foreign terrorist organization, announced John Carlin, Assistant Attorney General for National Security; Richard L. Durbin, Jr., Acting United States Attorney for the Western District of Texas; and, Christopher Combs, FBI Special Agent in Charge of the San Antonio Division.
In June 2014, Wolfe pleaded guilty to the charge, admitting that from August 2013 to June 17, 2014, he planned to travel to the Middle East to provide his material support to the Islamic State of Iraq and the Levant (ISIL), also known as the Islamic State of Iraq and al-Sham/Syria (ISIS). Wolfe previously acknowledged that he applied for and acquired a U.S. passport, participated in physical fitness training, practiced military maneuvers and made efforts to conceal his communications about his plans to travel overseas to engage in violent jihad. Wolfe also purchased airline tickets so that he could travel to Europe to meet an FBI undercover employee, whom the defendant then believed would facilitate travel to Syria through Turkey. In furtherance of his attempt to provide material support to ISIL, Wolfe travelled to Houston and was apprehended on June 17, 2014, on the jet-way, as he attempted to board a flight to Toronto, Canada. His ticketed itinerary had him traveling through Iceland and arriving in Copenhagen, Denmark, on June 18, 2014. He then planned to make his way to Syria to join with ISIL and engage in the armed conflict. Wolfe has remained in federal custody since his arrest.
The case was investigated by the agencies comprising the Central Texas JTTF, which include the FBI; Internal Revenue Service-Criminal Investigation; U.S. Citizenship and Immigration Services; U.S. Army Intelligence; Austin Police Department; Round Rock, Texas, Police Department; Killeen, Texas, Police Department; University of Texas Police Department; Travis County, Texas Sheriff's Office; Texas Department of Public Safety, Office of the Texas Attorney General and the Texas Alcoholic Beverage Commission.
The case was prosecuted by Assistant U.S. Attorneys Gregg N. Sofer and Michael Galdo of the Western District of Texas, and Trial Attorneys Josh Parecki and Michael Dittoe of the National Security Division’s Counterterrorism Section.
Former Piedras Negras “Plaza” Drug Trafficker Sentenced to Federal PrisonRead the Press Release
In San Antonio today, 46-year-old Esiquiel Rodriguez (aka “Cheke”), a former major drug trafficker in the Piedras Negras “Plaza,” was sentenced to 420 months in federal prison for federal drug and firearm violations announced Acting United States Attorney Richard Durbin, Jr., DEA Special Agent in Charge Joseph M. Arabit and San Antonio Police Chief Anthony Treviño.
Rodriguez was arrested in April 2013 by the San Antonio Police Department on a charge of possession with intent to distribute methamphetamine. During a subsequent consensual search of his residence, investigators discovered a .357 caliber revolver. On September 29, 2014, Rodriguez pleaded guilty to possession with intent to distribute over 300 grams of pure methamphetamine and one count of undocumented alien in possession of a firearm.
In a separate but related matter, on April 9, 2015, Rodriguez pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance. By pleading guilty, Rodriguez admitted that since the early 2000s, he was one of the major drug traffickers in the Piedras Negras “Plaza” in Coahuila, Mexico, and was responsible for the transportation of thousands of kilograms of cocaine and marijuana from Mexico into the United States.
Law enforcement investigations revealed that Rodriguez had strong associations with various large scale narcotics organizations, including the Los Zetas transnational drug cartel. From approximately 2007 through 2009, Rodriguez worked with various high level Zetas trafficking cocaine. The investigation revealed that between 2007 and 2009, Rodriguez and others smuggled a minimum of 500 kilograms of cocaine per month from Mexico into the United States, and at least 6,000 kilograms per year during this time frame. Most of this cocaine was smuggled through the Eagle Pass Port of Entry to San Antonio and then distributed to other destinations throughout the United States. Many of the same persons and vehicles used to smuggle narcotics into the United States were used to smuggle millions of dollars of drug proceeds back into Mexico as well as weapons for the Zetas. These weapons were assault type weapons which were used to control the Plazas or drug trafficking areas controlled by the Zetas.
As a result of his guilty plea to the related drug conspiracy charge, Rodriguez also faces a sentence of 35 years in federal prison if the terms of the plea agreement are approved by the Court. Sentencing in that case is scheduled for 8:30am on July 24, 2015, before Chief United States District Judge Fred Biery.
This charges resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by agents with the Drug Enforcement Administration (DEA), San Antonio Police Department and the High Intensity Drug Trafficking Area Task Force (HIDTA), which is comprised of investigators from the Texas Department of Public Safety, Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI) , Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service-Criminal Investigation (IRS-CI). The U.S. Border Patrol also assisted in this investigation.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Federal Jury Convicts Father for Lying to FBI About Helping Fugitive Son Escape to MexicoRead the Press Release
In El Paso this afternoon, a federal jury convicted 53-year-old Victor Manuel Solis, a legal permanent resident living in Lancaster, CA, of making a false statement to El Paso FBI agents concerning an ongoing investigation and search for his son, former Los Angeles Police officer Henry Solis. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge Douglas E. Lindquist of the FBI’s El Paso Division.
Testimony presented during trial revealed that on March 16, 2015, Victor Solis willfully attempted to prevent law enforcement from locating Henry Solis by representing to FBI agents that he, alone, crossed into Mexico on March 14, 2015. Photographs released by the FBI show that Victor Solis, accompanied by Henry Solis, crossed into Juarez, Mexico, from El Paso at the Paso Del Norte Port of Entry on March 14, 2015. Henry Solis, who was recently captured in Mexico and returned to the United States, faces state charges related to his alleged involvement in a homicide in Pomona, CA, in April.
Victor Solis, who is currently on bond, faces up to five years in federal prison and a maximum $250,000 fine. Sentencing is scheduled for August 20, 2015, before United States District Judge Philip R. Martinez.
The case resulted from a joint investigation by the El Paso and Los Angeles Field Offices of the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorneys Kyle Meyers and Carlos Hermosillo.
Federal Grand Jury Indicts Texas Mexican Mafia Members in Connection with the Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, federal authorities arrested 26-year-old Texas Mexican Mafia (TMM) member Jesse Santibanez without incident. A federal grand jury yesterday indicted Santibanez and fellow TMM members Jerry Idrogo, age 34, and Alfredo Cardona, age 36, in connection with the death of Balcones Heights Police Officer Julian Pesina last year announced Acting United States Attorney Richard L. Durbin, Jr. and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment, unsealed today, charges the defendants with one count of using and discharging a firearm during a crime of violence. The indictment alleges that the defendants knowingly used and discharged a firearm in relation to the murder of Pesina. On May 4, 2014, Pesina’s body was discovered in front of his business, the Notorious Ink Tattoo and Piercing Studio located on Hillcrest Drive.
Court documents allege that Pesina had claimed membership in the TMM, and was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned from Pesina’s Facebook page that he was a police officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona shot and killed Pesina.
Santibanez remains in federal custody following his initial appearance in federal court this afternoon. Idrogo, Cardona were already in custody prior to today on related State charges. Initial appearances in federal court for Idrogo and Cardona have yet to be scheduled. Each defendant faces a mandatory minimum of ten years and up to life in federal prison upon conviction.
This indictment resulted from an investigation conducted by the FBI together with the San Antonio 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.
Qatar Military Official and Wife Indicted by Federal Grand Jury for Allegedly Engaging in Forced LaborRead the Press Release
In San Antonio today, a federal grand jury returned an indictment against a military official from Qatar and his wife, a citizen of the United Arab Emirates, charging them with two counts of engaging in forced labor by obtaining the labor and services of two persons by means of force, threats of force, physical restraint, and threats of physical restraint, announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge James Spero, Homeland Security Investigations (HSI) in San Antonio.
According to court records, Hassan Al-Homoud and his wife, Zainab Al-Hosani, along with their children, currently reside in San Antonio while Al-Homoud is attending military training at Camp Bullis. In mid-2014, the defendants allegedly brought with them to the U.S. two females--a housemaid and a servant who have since worked for the family. The housemaid is a citizen of Indonesia; the servant is a citizen of Bangladesh. Both were in the U.S. on visas sponsored by Al-Homoud.
The defendants allegedly housed the workers in primitive conditions, restricted their ability to move or travel, and provided them with limited amounts of food. Al-Homoud and Al-Hosani withheld the payment of wages to both workers and deprived them of possession of cell phones, passports, and visas in order to restrict their liberty to move and travel and to leave their place of employment. Al-Hosani also threatened the workers with arrest and incarceration in Qatar if they failed to perform their work obligations.
The workers’ conditions were discovered by an officer of the San Antonio Police Department in early April, when he encountered one of the workers in apparent distress along Camp Bullis Rd. This led law enforcement officers to a nearby apartment occupied by the workers, furnished with only a pallet on the floor for sleeping.
On Saturday, May 30, 2015, special agents of the Department of Homeland Security, Immigration and Customs Enforcement Homeland Security Investigations (HSI), arrested the defendants in San Antonio. Both are on $100,000 bonds pending trial. No trial date has been scheduled. Each charge calls for up to 20 years in federal prison and/or a maximum fine of $250,000 upon conviction.
Assistant United States Attorney Bettina Richardson is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Former Internal Revenue Service Employee Pleads Guilty to Charges Related to a Wire Fraud and Identity Theft SchemeRead the Press Release
In Austin today, 57-year-old former Internal Revenue Service employee Kenneth Goheen of Austin pleaded guilty to federal charges in connection with a stolen identity refund fraud scheme announced Acting United States Attorney Richard L. Durbin, Jr., Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter, and U.S. Treasury Inspector General for Tax Administration (TIGTA) Special Agent in Charge Ruben Florez, Dallas Field Division
Appearing before United States Magistrate Judge Andrew Austin, Goheen pleaded guilty to one count of wire fraud and one count of aggravated identity theft. By pleading guilty, Goheen, a former Tax Examining Technician, admitted that he wrongfully obtained identification information from Individual Tax Identification Number (ITIN) applicants and used it to file more than 50 fraudulent tax returns between March 2013 and January 2015. Goheen collected over $120,000 in refunds based on those fraudulent tax returns.
As a result of his guilty plea, Goheen faces up to 20 years in federal prison for wire fraud and a mandatory two years in federal prison for aggravated identity theft. Sentencing is expected to occur later this year in front of United States District Judge Lee Yeakel.
This case was investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI) and the U.S. Treasury Inspector General for Tax Administration (TIGTA). Assistant United States Attorney Matt Harding is prosecuting this case on behalf of the Government.
Del Rio Texas Mexican Mafia Member Sentenced to 20 Years in Federal PrisonRead the Press Release
In Del Rio yesterday, 45-year old Texas Mexican Mafia (TMM) member Jesus Meza, Jr. (aka “Jesse”) was sentenced to 20 years imprisonment followed by five years of supervised release for violating federal racketeering and drug trafficking statutes announced Acting United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, Homeland Security Investigations (HSI) Special Agent in Charge James Spero, Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit and Texas Department of Public Safety Director Steven McCraw.
On July 24, 2013, Meza pleaded guilty to one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute and one count of conspiracy to possess with the intent to distribute marijuana. From 2010 until his arrest on September 28, 2012, Meza was responsible for collecting the “dime” or drug tax from drug dealers in Del Rio on behalf of the TMM. In this role, Meza harassed and intimidated individuals into paying funds to the TMM. Additionally, in 2012, Meza and fellow TMM member Daniel Rosario Lara (aka “Diablo”), age 31, were tasked with kidnapping and killing another TMM member who violated TMM rules. However, FBI agents and local law enforcement officers were able to intercept Meza and Lara before the kidnapping and murder occurred.
Other sentences previously handed down to co-defendants for their roles in the criminal enterprise include: Daniel Rosario Lara, 240 months imprisonment; 45-year-old Jose Cardona (aka “Tinga”), 240 months imprisonment; 22-year-old Joel Costilla (aka “Sharky”), 235 months imprisonment; and, 22-year-old Jessica Meza, two years imprisonment. Four remaining co-defendants, who have previously entered guilty pleas and are awaiting sentencing, include: 48-year-old TMM Del Rio leader Roberto Villarreal (aka “Flaco”); 42-year-old Ricardo Zapata (aka “Richie”); 28-year-old Joe Lee Jimenez; and, 23-year-old Ray Rene Salgado. Their sentencings are scheduled for later this year.
This investigation was conducted by the FBI together with HSI, Texas Department of Public Safety--Criminal Investigations Division, and the DEA. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Marshals Service, and U.S. Customs and Border Protection also assisted in the investigation.
Qatar Military Official and Wife Charged with Engaging in Forced LaborRead the Press Release
In San Antonio, a military official from Qatar and his wife, a citizen of the United Arab Emirates, are charged with engaging in forced labor by obtaining the labor and services of two persons by means of force, threats of force, physical restraint, and threats of physical restraint, announced Acting United States Attorney Richard L. Durbin, Jr., and Special Agent in Charge James Spero, Homeland Security Investigations (HSI) in San Antonio.
According to a federal criminal complaint filed this morning, Hassan Salem H. M. Al Homoud and his wife, Zainab Al Hosani, along with their two children, currently reside in San Antonio while Al Homoud is attending military training at Camp Bullis. In mid-2014, the defendants allegedly brought with them to the U.S. two individuals--a housemaid and a servant who have since worked for the family. The housemaid is a citizen of Indonesia; the servant is a citizen of Bangladesh. Both were in the U.S. on visas sponsored by Al Homoud.
The criminal complaint alleges that the defendants housed the workers in primitive conditions, restricted their ability to move or travel, and provided them with limited amounts of food. In order to restrict their liberty to move and travel and to leave their place of employment, Al Homoud and Al Hosani withheld the payment of wages to both workers and deprived them of possession of cell phones, passports, and visas. Al Hosani also threatened the workers with arrest and incarceration in Qatar if they failed to perform their work obligations.
The workers’ conditions were discovered by an officer of the San Antonio Police Department in early April, when he encountered one of the workers in apparent distress along Camp Bullis Rd. This led law enforcement officers to a nearby apartment occupied by the workers, furnished with only a pallet on the floor for sleeping.
On Saturday, May 30, 2015, special agents of the Department of Homeland Security, Immigration and Customs Enforcement Homeland Security Investigations (HSI), arrested the defendants in San Antonio. Both are scheduled to appear before U.S. Magistrate Judge John Primomo in San Antonio this afternoon. Upon conviction, the defendants face up to 20 years in federal prison and/or a maximum fine of $250,000.
Assistant United States Attorney Bettina Richardson is prosecuting this case on behalf of the Government.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Helotes Woman Sentenced to Federal Prison for Conspiracy to Import Crystal MethamphetamineRead the Press Release
In Del Rio yesterday, Maria Landin, age 48, of Helotes, TX, was sentenced to 194 months in federal prison for her role in a scheme to smuggle into the United States 878.2 grams of pure crystal methamphetamine, announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge James Spero.
On November 20, 2013, jurors convicted Landin of one count of conspiracy to import a controlled substance. Evidence and testimony presented during trial revealed that on November 11, 2012, Landin hired two individuals—Paul Edward McKinney and Anthony Wayne Cole, both of Corpus Christi, TX--to pick up the crystal methamphetamine in Piedras Negras, Mexico, and deliver it to her residence in Helotes, Texas, for distribution in the San Antonio area. On November 12, 2012, McKinney and Cole were apprehended at the Eagle Pass Port of Entry, Bridge #2, while in possession of the crystal methamphetamine.
Testimony further revealed that the co-conspirators met at Landin’s residence in Helotes, where McKinney and Cole were given a cellular phone, cash, and instructions on how to make contact in Mexico with the source of the methamphetamine. Landin also instructed the two couriers to conceal the drugs on their bodies using tape. After retrieving the methamphetamine, Cole and McKinney became lost in Mexico. Landin assisted Cole and McKinney by providing them with directions back to the Port of Entry. Inspection at the port revealed two bundles of methamphetamine taped to Cole’s legs. The methamphetamine had a street value of approximately $100,000.
Cole and McKinney previously pleaded guilty to the conspiracy charge. On December 17, 2103, McKinney was sentenced to 151 months in federal prison to be followed by a five year supervised term of release. Cole, who remains in federal custody, awaits sentencing on November 16, 2015.
This investigation was conducted by Special Agents from Homeland Security Investigations (HSI), and U.S. Customs and Border Protection (CBP). The case was prosecuted by Assistant United States Attorneys Patrick Burke and Katherine Nielsen.
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Williamson County Judge Pleads Guilty to Firearms Violation and False Statement to a Government AgentRead the Press Release
In Austin today, 70-year-old Williamson County Judge Timothy L. Wright, of Georgetown pleaded guilty to federal charges of engaging in the business of dealing firearms without a license and making false statements to a Government agent announced Acting United States Attorney Richard L. Durbin, Jr., Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, and Homeland Security Investigations (HSI) Special Agent in Charge James Spero.
Appearing before United States Magistrate Judge Andrew W. Austin, Wright pleaded guilty to a superseding information charging one count of engaging in the business of dealing firearms without a license and one count of false statements to Government agents. By pleading guilty, Wright admitted that beginning in June of 2014, he sold in excess of sixty firearms without a federal firearms license (FFL). Dozens of those firearms were sold to two individuals who were illegally smuggling the firearms into Mexico.
In September 2014, Wright was told by ATF that he needed an FFL in order to engage in the business of selling firearms. Wright agreed to cease and desist all sales until he had his FFL. Wright applied for his FFL and received training on the responsibilities of an FFL, including the prohibition of selling firearms to individuals with felony convictions.
After being confronted by ATF and agreeing to cease all sales, but before beginning to act as a licensed dealer, Wright conducted a firearm sale in December 2014 during which he fraudulently filled out an ATF form at a licensed firearms dealer stating he was the actual buyer of two Glock firearms. In truth, Wright had already received payment from a buyer for those two Glocks and falsely indicated on the ATF form that he was not buying the guns for another person.
After he became a licensed dealer, on three separate occasions in February 2015, a person who Wright knew was a convicted felon met with Wright and another person while Wright conducted firearm sales.
When Wright was interviewed by an ATF agent about his firearm selling activity, Wright falsely told the agent he had not sold any firearms from the time he applied for his FFL until the time he began selling as a licensed dealer. In fact, Wright had sold a firearm in December during that time period and, in addition to falsely filling out the ATF paperwork as described above, Wright even created false paperwork for his internal records with a false sale date of August 2014 intending to conceal the actual sale date. Wright also falsely told agents that he did not allow a convicted felon to be present during firearm sales when in fact he allowed the convicted felon to be present and also allowed the felon to handle the firearms during those transactions.
“While sworn to uphold the law, Judge Timothy Wright repeatedly violated federal laws governing the sale of firearms. He sold dozens of firearms without license, many of which went to people smuggling them to Mexico. He also falsified official firearms records to hide the true identity of the real buyer. These are serious crimes for which he is being held accountable,” stated Acting United States Attorney Richard L. Durbin, Jr.
Today’s guilty plea of Timothy L. Wright, Williamson County Judge, sends a strong message that Homeland Security Investigations (HSI) will not tolerate the unlawful sale of firearms, regardless of the defendant’s position or status,” said James Spero, Special Agent in Charge, HSI San Antonio. “These serious gun charges are a breach of that public trust which puts the safety of our communities at risk.”
As a result of his guilty plea, Wright faces up to 60-months in federal prison. Sentencing is expected to occur later this year in front of United States District Judge Sam Sparks.
This case resulted from an investigation conducted by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations with assistance from the Internal Revenue Service and the Texas Department of Public Safety. Assistant United States Attorney Michael Galdo is prosecuting this case on behalf of the Government.
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Man Pleads Guilty to Conspiracy to Transmit Stolen MoniesRead the Press Release
In San Antonio this afternoon, 57-year-old Rolando Gonzalez-Trevino from Coahuila, Mexico, pleaded guilty to one count of conspiracy to transmit stolen monies in interstate and foreign commerce announced Acting United States Attorney Richard L. Durbin, Jr.
Appearing before United States Magistrate Judge Henry J. Bemporad, Gonzalez-Trevino admitted he, in concert with others, caused stolen funds in the amount of $1,846,782.10 to be transmitted to the United States through electronic bank transfers. Gonzalez-Trevino admitted that these funds were stolen from the State of Coahuila, Mexico. The United States seized these funds and interest derived therefrom as part of the case. As part of Gonzalez-Trevino’s plea agreement, seized funds in the amount of the transfers and interest will be forfeited to the United States.
The offense to which Gonzalez-Trevino pled guilty carries punishment up to 5 years in federal prison. Sentencing is scheduled for 9:30am on September 3, 2015, before United States District Judge Orlando L. Garcia in San Antonio.
This case is part of an ongoing investigation in the Western District of Texas by the Organized Crime Drug Enforcement Task Forces (OCDETF), and was investigated by the Department of Homeland Security Investigations, the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigations Division. The principal mission of the OCDETF program is to dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations.
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Burnet County Man Sentenced to Federal Prison on Firearms and Drug Trafficking ChargesRead the Press Release
In Austin yesterday, 44-year-old Bertram, TX, resident Jimmy Don Hardin was sentenced to a total of 360-months in federal prison on firearms and drug trafficking charges announced Acting United States Attorney Richard L. Durbin, Jr. and Texas Department of Public Safety Director Steve McCraw.
United States District Judge Lee Yeakel sentenced Hardin to 300-months imprisonment on conspiracy to possess with intent to distribute more than 500 grams of methamphetamine. Hardin also received two 120-month sentences (to run concurrent with the 300-month sentence) on charges of possession of a stolen firearm and possession of a firearm by a felon. In addition, Judge Yeakel sentenced Hardin to 60-months imprisonment on possession of a firearm in furtherance of a drug crime to run consecutive to the other sentences.
In February, a jury convicted Hardin of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, possession of a firearm during a drug trafficking crime, possession of a stolen firearm and possession of a firearm by a convicted felon. Evidence presented during trial revealed that from May 2013 to December 2013, Hardin conspired with others to distribute methamphetamine throughout Burnet, Llano, Lampasas, Travis and Williamson counties. Authorities arrested Hardin on December 4, 2013, during the execution of a search warrant at his residence. At the time, Hardin was in possession of a stolen .45 caliber pistol as well as nine other firearms. Hardin’s criminal history revealed multiple convictions for manufacture of methamphetamine in Burnet County, TX.
Two co-defendants – 57-year-old Guillermo Naranjo Reyna, an illegal alien residing in Austin, and 60-year-old Nebes Montemayor of Austin – pleaded guilty to the drug conspiracy charge prior to trial. On March 10, 2015, Judge Yeakel sentenced Reyna to five years imprisonment followed by three years of supervised release. Montemayor is scheduled to be sentenced on August 7, 2015.
This case was investigated by the Texas Department of Public Safety, Burnet County Sheriff’s Office, Burnet County District Attorney’s Office, Llano County Sheriff’s Office, Bastrop County Sheriff’s Office, Williamson County Sheriff’s Office, Austin Police Department, and the Cedar Park Police Department together with the Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Doug Gardner and Matt Harding prosecuted this case on behalf of the Government.
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New Orleans Man Sentenced for Bank RobberiesRead the Press Release
In Austin today, a federal judge sentenced 39-year-old Derrick Terrill Nix of New Orleans, LA, to two six-year prison terms to run concurrent for an attempted bank robbery and a bank robbery in North Austin, announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
In addition to the prison terms, U. S. District Judge Lee Yeakel ordered that Nix pay $5,262 restitution and be placed on supervised release for a period of three years after completing his prison term.
On February 20, 2015, Nix pleaded guilty to one count of attempted bank robbery and one count of bank robbery. By pleading guilty, Nix admitted that on May 12, 2014, he attempted to rob a Capital One Bank at 9602 N. Lamar Blvd. Nix pulled a handgun from a backpack and demanded money. When Nix realized the teller was behind bullet proof glass, Nix fled by vehicle. On that same day, Nix committed the second robbery at a Chase Bank located at 4601 N. Lamar Blvd. Nix ordered everyone in the bank to get on the floor and demanded money while holding guns in each of his hands. Nix fled with $5,262 in stolen money.
The case resulted from a joint investigation by the FBI, Austin Police Department, and the Brenham Police Department. Assistant United States Attorney Elizabeth Cottingham prosecuted this case on behalf of the Government.
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El Paso Man Sentenced to 10 Years Imprisonment for Receipt of Child PornographyRead the Press Release
In El Paso, 54–year-old Victor Jerome Reza was sentenced to ten years in federal prison for receipt and distribution of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term, U.S. District Judge Philip R. Martinez ordered that Reza pay a $1,000 fine, be placed on supervised release for a period of ten years after completing his prison term and register as a sex offender. Judge Martinez also ordered that Reza surrender to federal authorities before July 20, 2015, to begin serving his prison term.
According to court records, the HSI El Paso Cyber Crimes Group executed a search warrant at the defendant’s residence on August 5, 2014, Evidence gathered during that search included the defendant’s laptop and desktop computers as well as an assortment of computer related media. A subsequent search of the seized material revealed the presence of 277 videos and 2,910 images depicting the sexual exploitation of minors downloaded from the Internet.
On February 26, 2015, Reza pleaded guilty to one count of receipt and distribution of child pornography.
“One of HSI’s highest priorities is to identify, arrest and ensure individuals guilty of such heinous crimes are removed from our community, and away from our children,” said Waldemar Rodriguez, special agent in charge of Homeland Security Investigations (HSI) El Paso. “HSI will use all its resources and ample investigative authorities to target child predators.”
This case was investigated by HSI El Paso and prosecuted by Assistant U.S. Attorney Rifian Newaz.
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.
Defendants in El Paso Crystal Meth Distribution Ring Sentenced to Lengthy Federal Prison TermsRead the Press Release
In El Paso, ten individuals have been sentenced to federal prison in connection with a “crystal” methamphetamine distribution scheme announced Acting United States Attorney Richard L. Durbin, Jr., and Drug Enforcement Administration Special Agent in Charge Will Glaspy, El Paso Division.
On Tuesday, United States District Judge Kathleen Cardone sentenced 44–year-old Edwardo Rodriguez of El Paso to 250 months in federal prison followed by five years of supervised release. Before sentencing Rodriguez, Judge Cardone sentenced nine of his co-defendants to terms of imprisonment ranging from 180 months to 18 months. All ten pleaded guilty to a charge of conspiracy to possess with intent to distribute a controlled substance.
By pleading guilty, the defendants admitted to trafficking methamphetamine between January and June 2014. According to court records, Rodriguez and the others conspired to distribute methamphetamine from Mexico, into El Paso, and ultimately to destinations across the United States including California, Illinois and Georgia. During this investigation, authorities seized approximately five kilograms of methamphetamine attributed to this organization—3.5 kilograms of which was considered 99% pure.
This Organized Crime Drug Enforcement Task Force (OCDETF) investigation was conducted by the Drug Enforcement Administration (DEA) together with the Homeland Security Investigations (HSI) and the El Paso County Sheriff’s Office.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
San Antonio Man Indicted for String of Bank Robberies Along Interstate-35Read the Press Release
Willie James Cleveland, age 34, stands charged by federal grand jury indictment for a string of bank robberies earlier this year along the Interstate 35 corridor between Austin and San Antonio announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division.
A federal grand jury indictment returned yesterday charges Cleveland with nine counts of bank robbery. According to the indictment, Cleveland is responsible for the following bank robberies:
- February 12, 2015 – Woodforest National Bank – 1500 block of N. Loop 1604 East in San Antonio;
- February 18, 2015 – Woodforest National Bank – 9300 block of IH-35 South in Austin;
- February 26, 2015 – Wells Fargo Bank – 1000 block of Texas Highway 80 in San Marcos;
- March 14, 2015 – Wells Fargo Bank – 1200 block IH-35 South in New Braunfels;
- March 16, 2015 – Chase Bank – 5400 block of IH-35 North in Austin;
- March 26, 2015 and April 7, 2015 – Air Force Credit Union – 3100 block of Wurzbach in San Antonio;
- April 16, 2015 – BBVA Compass Bank – 7500 block of Wurzbach in San Antonio; and,
- April 18, 2015 – BBVA Compass Bank – 5700 block of Cameron Road in Austin.
The indictment also alleges that during the April 7th, April 16th and April 18th bank robberies, Cleveland assaulted, or put into jeopardy the life of, a bank employee while carrying out the incidents. Authorities estimate that Cleveland stole a total of more than $50,000 as a result of the bank robberies.
Cleveland has remained in federal custody since his arrest by San Antonio Police Department Robbery detectives on April 20, 2015. Upon conviction, Cleveland faces up to 25 years in federal prison for each of the three bank robberies where an assault is alleged; and, up to 20 years in federal prison for each of the remaining bank robbery counts.
The case resulted from a joint investigation by the FBI, San Antonio Police Department, Austin Police Department, San Marcos Police Department and the New Braunfels Police Department. This case is being prosecuted by Assistant United States Attorneys Michael Galdo and Grant Sparks.
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.
Austin Businesswoman Sentenced to Federal Prison for Health Care FraudRead the Press Release
Last week in Austin, 37–year-old Abby Lindemann Johnson, owner of Pain Management Solutions, a licensed Durable Medical Equipment provider, was sentenced to 36 months in federal prison for her role in a health care fraud scheme with an estimated intended loss of more than $1 million, announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Sam Sparks ordered that Johnson pay $846,171.12 restitution to the government and be placed on supervised release for a period of three years after completing her prison term.
On February 5, 2015, Johnson pleaded guilty to one count of health care fraud. Johnson, admittedly, submitted numerous fraudulent bills for payment to the Department of Labor – Office of Workers Compensation Programs between January 2011 and May 2014 for reusable adhesive pads used with electrical nerve stimulators. Those items were never delivered to patients.
An investigation by the Department of Labor – Office of Inspector General (OIG) and the United States Postal Inspection Service was initiated after a patient inquired about an Explanation of Benefits received in the mail that showed the Department of Labor was being billed for items that the patient never received.
This case was investigated by the Department of Labor – OIG, the United States Postal Inspection Service, and the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorneys Dan Guess and Daniel Castillo for the Western District of Texas.
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Odessans Sentenced to Federal Prison for Bank Fraud SchemeRead the Press Release
A federal judge in Midland has sentenced the owner and the office manager of Shorts Electric, an Odessa company that provided oilfield and residential electric services, to federal prison in connection with an estimated $400,000 bank fraud scheme announced Acting United States Attorney United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Laurie L. Younger, FDIC Office of Inspector General, Dallas Region, and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before Senior U.S. District Judge Robert A. Junell yesterday afternoon, business owner Lanny Wayne McDorman was sentenced to 21 months in federal prison followed by five years of supervised release and ordered to pay $371,060.07 restitution.
On December 22, 2014, McDorman pleaded guilty to one count of bank fraud. By pleading guilty, McDorman admitted that he and his co-defendant, 46–year-old office manager Justine Jane Woods, knowingly defrauded Commercial State Bank (CSB) from June 2012 until March 2014. According to court records, Shorts Electric had a Business Manager Reserve Account (BMRA) in which CSB would purchase, at a discount, Shorts Electric accounts receivable and transfer the purchase money into the BMRA, thereby allowing Shorts Electric immediate access to operating funds without having to wait for customers invoices to be paid. Full payment on the purchased Shorts Electric invoices would then be obligated to CSB. The defendants created and submitted to CSB numerous fraudulent invoices knowing that those invoices would be uncollectable because they did not represent actual money owed to Shorts Electric.
On February 24, 2015, Judge Junell sentenced Woods to 41 months in federal prison followed by five years of supervised release and ordered her to jointly pay the restitution amount mentioned above.
“Working alongside our law enforcement partners, we will continue to focus on finding, stopping, and punishing those who commit fraud schemes that impact our financial institutions,” stated FDIC-OIG Special Agent in Charge Laurie L. Younger.
“Bank fraud has the potential to cause immeasurable damage to our community,” stated FBI Special Agent in Charge Douglas E. Lindquist. “The FBI will continue to rigorously investigate schemes to defraud financial institutions insured by the FDIC in order to protect the community.”
Assistant United States Attorney John Klassen prosecuted this case on behalf of the Government.
San Antonio Man Pleads Guilty to Producing Child PornographyRead the Press Release
In San Antonio this morning, 27-year-old Ryan Bradley Pitts pleaded guilty to six counts of production of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
As a result of his plea, Pitts faces up to 60 years in federal prison. Sentencing is scheduled for 8:30am on August 14, 2015, before Chief United States District Judge Fred Biery in San Antonio.
According to court records, on numerous occasions between June 2008 and February 2012, Pitts sexually assaulted six different children, ages 3 to 10, for the purpose of producing visual depictions of the activity. Pitts also used peer-to-peer software to trade child pornography with others.
Pitts has remained in federal custody since his arrest in November 2013. During this investigation, FBI agents seized Pitts’ laptop computer, cell phone and other digital media devices. A forensics examination of the seized equipment revealed the presence of more than 21,500 images and 1,200 videos depicting child pornography.
This Project Safe Childhood case was investigated by Federal Bureau of Investigation. Assistant U.S. Attorney Tracy Thompson 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 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.
Midland Woman Sentenced to Federal Prison for Stealing More Than $1 Million from Her EmployerRead the Press Release
In Midland this morning, 54-year-old Margo McKinney was sentenced to five years in federal prison for defrauding her employer of over $1,000,000 announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, Senior United States District Judge Robert Junell ordered that McKinney pay $1,078,799.96 restitution to her victim and be placed on supervised release for a period of three years after completing her prison term. Judge Junell also ordered McKinney to surrender to federal authorities by June 10, 2015, to begin serving her prison term.
On February 27, 2015, McKinney pleaded guilty to one count of wire fraud. By pleading guilty, McKinney admitted that from September 2007 until April 2014, she stole money from an Odessa businessman while working as a bookkeeper who had signature authority over one business account. McKinney admittedly wrote company checks to herself and to “cash” to pay the mortgage on her residence, purchase jewelry and for expenses related to her hobby--boarding and training horses for competitions.
This case was investigated by the United States Secret Service. Assistant United States Attorney Austin Berry prosecuted this case on behalf of the Government.
Four Plead Guilty in San Antonio to Unlawfully Selling Migratory BirdsRead the Press Release
In San Antonio, four individuals await sentencing after pleading guilty to federal charges related to illegally selling migratory birds announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Nicholas Chavez, U.S. Fish and Wildlife Southwest Region.
Appearing before Chief United States District Court Judge Fred Biery this morning, 50-year-old Jorge Rocha of Natalia, TX, pleaded guilty to one count of unlawfully offering to sell and selling migratory birds.
Previously, three other defendants—67-year-old Juan Luis Guerra of San Antonio; 56-year-old Francisco Guerrero of Cuero, TX; and, 60–year-old Tomas G. Perez of Devine, TX—pleaded guilty to the same federal charge. By pleading guilty, the defendants admitted to knowingly and unlawfully selling a migratory bird(s) to an undercover agent on various occasions in 2011 and 2012. Those birds included a Red-tailed Hawk and Great Horned Owls which are protected species under the Migratory Bird Treaty Act.
“One of the U.S. Fish and Wildlife Service's highest priorities is to investigate individuals that are involved in the unlawful commercial trafficking of our Nation's fish and wildlife,” said U.S. Fish and Wildlife Special Agent in Charge Nicholas Chavez. “The successful outcome of this investigation is also the result of working jointly with the Texas Parks and Wildlife Department to ensure the protection of our migratory birds. With our law enforcement partnership, information sharing, and investigative technology, we can disrupt wildlife trafficking on the web, smuggling through our airports, or our land borders.”
All four defendants remain on bond pending sentencing scheduled later this year. Each defendant faces up to two years imprisonment and a maximum fine of $2,000.
This indictment resulted from an investigation conducted by agents with the Southwest Region of the U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department. Assistant United States Attorney Bud Paulissen is prosecuting this case on behalf of the Government.
El Paso Man Sentenced to Federal Prison for the Distribution of over 700 Kilograms of Cocaine and Laundering Almost $8 Million in Drug ProceedsRead the Press Release
In El Paso today, 44-year-old Juan Manuel Flores (aka “Cholo”), the leader of an El Paso-based cocaine trafficking and money laundering organization, was sentenced to 15 years in federal prison, announced Acting United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration Special Agent in Charge Will R. Glaspy, El Paso Division, and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
In addition to the prison term, United States District Judge David C. Guaderrama ordered that Flores be placed on supervised release for five years after completing his prison term. Furthermore, the court ordered forfeiture of the defendant’s interest in five real properties in El Paso County, Texas, as proceeds of the drug conspiracy.
On February 3, 2015, Flores pleaded guilty to one count of conspiracy to possess with intent to deliver cocaine, and one count of conspiracy to launder monetary instruments. By pleading guilty, the defendant admitted to trafficking cocaine in the Western District of Texas between 2005 and July 2013. According to court records, Flores conspired to distribute over 700 kilograms of cocaine in the El Paso area and conspired to launder over $7.9 Million in drug proceeds.
“Juan Manuel Flores was a significant drug trafficker living and working in El Paso. With Flores’ crimes extending back at least a decade, supported by his ties to the Vicente Carrillo Fuentes cartel, today’s sentencing is the culmination of a long and complex investigation that has made the city of El Paso safer,” stated DEA Special Agent in Charge Will R. Glaspy.
This joint investigation was conducted by the Drug Enforcement Administration (DEA) and the Internal Revenue Service-Criminal Investigation (IRS-CI), together with the United States Department of Homeland Security, Customs and Border Protection Internal Affairs (DHS-CBP), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), El Paso Police Department, and the El Paso County Sheriff’s Office.
Three El Paso Men Sentenced to Federal Prison for the Distribution of CocaineRead the Press Release
In El Paso today, 35-year-old Isaac Hernandez, (aka “ICE”), the leader of an El Paso-based cocaine trafficking organization, was sentenced to eight years in federal prison announced Acting United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration Special Agent in Charge Will Glaspy, El Paso Division; and, Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
In addition to the prison term, United States District Judge Philip R. Martinez ordered that Hernandez pay a $10,000 fine and be placed on supervised release for five years after completing his prison term.
Hernandez is the third defendant to be sentenced to federal prison for his role in the drug trafficking scheme. Yesterday, May 12, 2015, 35-year-old Joel Moreno was sentenced to six years in federal prison followed by five years of supervised release and fined $5,000. On May 7, 2015, 34-year-old Carlos Escobedo was sentenced to two years in federal prison followed by two years of supervised release.
All of the defendants pleaded guilty to conspiracy to possess with intent to deliver cocaine. By pleading guilty, the defendants admitted to trafficking over 500 grams of cocaine in the Western District of Texas between January 2013 and July 2014. According to court records, these defendants conspired to distribute a total of approximately two kilograms of cocaine.
This joint investigation was conducted by the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI).
Lacy-Lakeview Bank Robber Sentenced to Federal PrisonRead the Press Release
In Waco today, 20-year-old Leticia Andrea Newton-Shelton was sentenced to 51 months in federal prison for bank robbery announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Walter S. Smith, Jr., ordered that Newton-Shelton pay $1,370 restitution to Extraco Bank and a $1,000 fine. Judge Smith also ordered that Newton-Shelton be placed on supervised release for five years after completing her prison term.
On March 19, 2015, Newton Shelton pleaded guilty to one count of bank robbery. By pleading guilty, she admitted that on December 29, 2014, she entered the Extraco Bank located on North Loop 340 in Lacy-Lakeview and presented a teller with a demand note which stated she was armed. Newton Shelton further admitted she was in possession of a Ruger pistol during the bank robbery.
On December 30, 2014, Hillsboro Police arrested Newton-Shelton after she was identified as a suspect in the Extraco Bank robbery.
This investigation was conducted by the Federal Bureau of Investigation (FBI) together with the Lacy-Lakeview Police Department and the Hillsboro Police Department. Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.
El Paso Man Pleads Guilty to Robbing Midland BankRead the Press Release
In Midland this afternoon, 28–year-old Fabian Barrios of El Paso, TX, faces up to 20 years in federal prison after pleading guilty to robbing a bank in Midland announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before United States Magistrate Judge David Counts, Barrios pleaded guilty to one count of bank robbery. By pleading guilty Barrios admitted that on February 10, 2015, he robbed the Citibank, located at 1100 Andrews Highway in Midland. According to court records, Barrios and his accomplice, Alan Montes, approached a teller, displayed a weapon and demanded money. The teller complied and handed the men an undisclosed amount of money.
Co-defendant Alan Montes, also of El Paso, pleaded guilty on April 14, 2015, to the bank robbery charge. Both defendants remain in custody pending sentencing scheduled for June 24, 2015, before United States District Judge Robert Junell in Midland.
This case resulted from a joint investigation by the Federal Bureau of Investigation, Customs and Border Protection, the Texas Department of Public Safety in El Paso and the Midland Police Department. This case is being prosecuted by Assistant U.S. Attorney Austin Berry on behalf of the Government.
Former Officer Sentenced in Absentia to Federal Prison in Connection with Fraudulent U.S. Army Contracts SchemeRead the Press Release
Though she failed to appear in federal court in San Antonio today, 52-year-old former U.S. Army officer Heidi Webster of Manhattan, KS, was sentenced to six years in federal prison for defrauding the United States in connection with U.S. Army contracts worth millions of dollars for medical equipment and personnel announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, Chief United States District Judge Fred Biery ordered that Webster pay $613,828 restitution and be placed on supervised release for a period of three years after completing her prison term. A warrant has been issued for Webster’s arrest.
On January 9, 2014, Webster and her co-defendant, Lawrence Fenti, a former non-commissioned officer in charge of Base Realignment and Closure issues for Brooks Army Medical Center (BAMC) radiology, pleaded guilty to one count of conspiracy and one count of bribery. Criminal acts involved in the conspiracy included intent to defraud the U.S., violate the Government conflict of interest law; commit bribery; commit wire fraud; make false claims against the United States; make false statements to federal authorities; and, commit money laundering.
By pleading guilty, the defendants admitted to conspiring together since 2007 to fraudulently secure multiple Army contracts and sub-contracts for radiology equipment and services by using Fenti’s position of influence, taking advantage of a prime contractor’s non-competitive bidding status, making false statements and fraudulent claims, as well as bribing Army personnel and Army contractors. Those contracts included a $2 million BAMC magnetic resonance imaging (MRI) contract in June 2008, a $4.9 million BAMC MRI contract in July 2008, a $633,406.69 BAMC staffing contract in September 2008, and a $336,600 MRI contract in September 2009 for Womack Army Medical Center at Fort Bragg, NC. Webster also admitted to paying Fenti thousands of dollars for his role in the overall scheme.
In September 2014, Fenti was sentenced to four years in federal prison followed by three years of supervised release for his role in the scheme.
A third defendant in this case, 43-year-old John Walter Hoffman, owner/operator of Hoffman Surgical Devices, Inc. in San Antonio, is awaiting trial on charges of conspiracy to commit wire fraud, money laundering, wire fraud and making false statements to U.S. Army authorities. Jury selection is scheduled for June 8, 2015.
This investigation was conducted by the U.S. Army Criminal Investigations Division (Army CID), the Internal Revenue Service--Criminal Investigation (IRS-CI), Defense Criminal Investigative Service (DCIS) and the Federal Bureau of Investigation (FBI). Assistant United States Attorney James Blankinship is prosecuting this case on behalf of the Government.
Former La Vernia Restaurant Operator and Accomplice Sentenced to Federal Prison for Immigration Document Fraud SchemeRead the Press Release
In San Antonio today, 49–year-old Yolanda Hernandez de Arteaga, the former operator of the Los Compadres Restaurant in LaVernia, TX, was sentenced to 30 months in federal prison followed by three years of supervised release for fraudulently benefiting from a financial scheme which targeted individuals seeking legitimate immigration documents announced Acting United States Attorney Richard L. Durbin, Jr. and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Chief United States District Judge Fred Biery also sentenced Hernandez de Arteaga’s co-defendant--57–year-old Maria de Lourdes Montano-Vicencio, an undocumented alien living in Houston, to 46 months in federal prison for her role in the scheme. In addition to the prison terms, Chief Judge Biery ordered that the defendants pay $144,063 restitution to their victims.
“Hernandez de Arteaga and Montano-Vicencio twice victimized these immigrants. They first stole their money with the promise of legal papers. Then they extorted their silence with the threat of reporting them to immigration authorities,” stated Acting United States Attorney Richard L. Durbin, Jr.
According to court records, from October 2010 through December 2012, Hernandez de Arteaga and Montano-Vicencio initiated a series of financial fraud schemes including numerous incidents of wire fraud whereby they would induce vulnerable immigrants in the LaVernia area into giving them money in exchange for securing legal immigration status documents. In the schemes, the defendants claimed to have personal contacts with immigration authorities who could provide each victim with items such as a social security card, a resident alien car and a work permit in about six months-time. It was part of the scheme that the defendants did not provide any documents to the undocumented aliens. During the time of the conspiracy, the defendants collected over $100,000 from more than 60 immigrants desperate for legal immigration status documents. When the victim-immigrants became angry because they never received any documents or refunds, the defendants threatened to notify immigration authorities and facilitate the deportation of the immigrants if the victims made trouble. During the scheme, Hernandez de Arteaga wired proceeds from the scheme from LaVernia to Montano-Vicencio in Houston via Western Union or MoneyGram.
In December 2014, Hernandez de Arteaga pleaded guilty to one count of conspiracy to commit wire fraud and five substantive counts of wire fraud. In February 2013, Montano-Vicencio pleaded guilty to four counts of wire fraud.
“The defendants preyed on vulnerable victims and exploited them for profit,” said Special Agent in Charge Christopher Combs, FBI San Antonio. Detecting and bringing to justice those who perpetrate these insidious fraud schemes will always be a top priority for the FBI. ”
This case resulted from an investigation conducted by FBI agents with assistance from Homeland Security Investigations (HSI), U.S. Border Patrol and the LaVernia Police Department. Assistant United States Attorney Bettina Richardson prosecuted this case on behalf of the Government.
Virginia-Based Defense Contractor to Pay $400,000 to Resolve False Claims Act Allegations Under Civil Settlement with United StatesRead the Press Release
The Informatics Applications Group, Inc. (TIAG) a Defense contractor based in Reston, VA, will pay $400,000 under a civil settlement with the United States Department of Justice, announced Acting United States Attorney Richard L. Durbin, Jr. The settlement resolves allegations that TIAG submitted false claims to the government in violation of the False Claims Act, 31 U.S.C. §§ 3729-3733, as well as certain other claims.
The claims submitted by TIAG were for services rendered under an Army contract for information technology services at the United States Army Medical Information Technology Center, Joint Base San Antonio – Fort Sam Houston. Pursuant to the contract, TIAG employees were provided access to USAMITC, its network, computers and other resources solely for purposes of performing work on USAMITC Information Technology systems.
The United States contends that, beginning in June 2012 and continuing through September 2012, during its performance of the USAMITC contract, certain TIAG employees utilized the USAMITC network for prohibited purposes, including to access information that they deemed to be useful to TIAG’s efforts to obtain other government contracts. The TIAG employees searched for and obtained multiple documents from the USAMITC network, including documents restricted to those with Privileged Access. The United States contends that these documents were sought for, and were used in, preparing TIAG proposals for three government Requests for Proposals, however, TIAG did not win any of those contracts. The United States contends that TIAG’s conduct placed it in default under the contract, yet it knowingly submitted false claims for payment under the contract.
The settlement agreement is not an admission of liability by TIAG.
Acting United States Attorney Durbin commended the efforts of the United States Army Criminal Investigation Division -- Major Procurement Fraud Unit which investigated the case. Assistant United States Attorney Susan Strawn handled the investigation for the Government.
Killeen Business Owner Pleads Guilty to Selling Synthetic MarijuanaRead the Press Release
The owner of the Cove Smoke Shack in Killeen, TX, faces up to 20 years in federal prison after admitting to selling synthetic marijuana announced Acting United States Attorney Richard L. Durbin, Jr., Special Agent in Charge Joseph M. Arabit of the Drug Enforcement Administration’s Houston Division, and Killeen Police Chief Dennis Baldwin.
Appearing before United States District Judge Walter S. Smith, Jr. this afternoon in Waco, 42-year-old Richard Young Bruce pleaded guilty to one count of possession with intent to distribute a controlled substance. Subsequent to multiple undercover purchases of synthetic marijuana, authorities executed a federal search warrant at the business location on November 3, 2014. During the search warrant, authorities seized over 150 packets of pre-packaged synthetic cannabinoids along with approximately $20,000 cash representing the proceeds of the illegal distribution of controlled substances.
Bruce, who remains on bond, is scheduled for sentencing on July 1, 2015.
This case resulted from an investigation by the Drug Enforcement Administration and the Killeen Police Department. This case is being prosecuted by Assistant United States Attorney Chris Blanton.
Former Bastrop Federal Prison Pharmacy Technician and Two Inmates Plead Guilty to Bribery ChargeRead the Press Release
In Austin, a former Bastrop federal prison pharmacy technician and two inmates pleaded guilty to their roles in a bribery scheme to smuggle contraband into the facility announced Acting United States Attorney Richard L. Durbin, Jr.
Appearing before United States Magistrate Judge Andrew Austin, 25-year-old Eric Renaldo Telles of Taylor, TX, pleaded guilty to one count of receipt of a bribe by a public official; FCI-Bastrop inmates 27-year-old Shanon E. Frank and 24–year-old Mattheu Ellis Jones each pleaded guilty to one count of conspiracy to bribe a public official. According to court records, Frank and Jones admitted to bribing Telles to smuggle contraband into FCI-Bastrop from June 2014 to February 2015. The smuggled contraband included Casio G-Shock watches, creatine, nutritional supplements and muscle shirts. Telles collected as much as $2,000 in bribes as a result of the scheme.
Frank and Jones, who remain in federal custody, face up to five years in federal prison. Telles, who faces up to 15 years in federal prison, remains on bond pending sentencing. Sentencing, before United States District Judge Sam Sparks in Austin, has yet to be scheduled.
The case resulted from an investigation by the Department of Justice Office of Inspector General. This case is being prosecuted by Assistant United States Attorney Matthew Devlin.
Federal Grand Jury Indicts San Antonio Businessman in Tax, Mail and Bankruptcy Fraud SchemesRead the Press Release
A San Antonio businessman stands charged by indictment with defrauding personal injury clients, evading payment of more than $1 million in taxes, and attempting to hide substantial assets from the Bankruptcy Trustee announced Acting 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.
A 16-count indictment returned by a federal grand jury yesterday charges 46–year-old Elpidio Gongora (aka “Pete Gongora”) with five counts of mail fraud, five counts of bankruptcy fraud, one count of tax evasion and five counts of aggravated identity theft.
According to the indictment, from 2009 through 2014, Gongora operated the law offices of several personal injury attorneys in the city of San Antonio and elsewhere in Texas, Arkansas and New Mexico. The indictment alleges that Gongora stole money from these attorneys and their clients by his failure to pay monies owed to clients under settlement agreements or pay obligations for medical treatment and physical therapy after committing to do so. To carry out his scheme, the indictment alleges that Gongora and his co-actors fraudulently endorsed personal injury settlement checks and would hide from the attorneys his failure to pay the clients their full case settlement proceeds.
In 2013, Gongora and his wife filed for Chapter 7 Bankruptcy in the Western District of Texas. The indictment alleges that, in relation to that filing, Gongora failed 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.
The indictment further alleges that Gongora willfully attempted to evade paying over $1 million in taxes owed to the Internal Revenue Service for calendar years 2003 through 2005 and 2007 through 2013.
Gongora remains in federal custody following his arrest at the San Antonio International Airport last month. Upon conviction, each mail fraud count is punishable by imprisonment up to 20 years; bankruptcy fraud, up to five years; tax evasion, up to five years; and, aggravated identity theft, a term of two years.
These charges resulted from an investigation 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. The defendant is presumed innocent until proven guilty in a court of law.
Midland Man Sentenced to 15 Years in Federal Prison for Advertising to Produce, Buy, Sell or Trade Child PornographyRead the Press Release
In Midland this morning, Senior United States District Judge Robert A. Junell sentenced 47–year-old Kyle Unterbrink to 15 years in federal prison for advertising online to produce, buy, sell or trade child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term, Judge Junell ordered that the defendant pay $51,000 restitution to the identified victims of the child pornography he possessed and distributed. Judge Junell also ordered that Unterbrink be placed on supervised release for ten years following the completion of his prison term. In February, Unterbrink pleaded guilty to the advertising child pornography charge. Unterbrink, who has remained in federal custody since his arrest on December 11, 2014, has agreed to forfeit his residence to the Government to satisfy his court ordered restitution.
According to court records, over the course of several days in November 2014, HSI agents identified the defendant’s IP address as one which was making almost 2,000 images of prepubescent child pornography available to anyone in the world who was connected to the same network. On December 11, 2014, agents conducted a search warrant at the defendant’s residence and seized various electronic devices belonging to Unterbrink. A subsequent search of the seized items revealed the presence of approximately 6,700 images depicting the sexual exploitation of minors downloaded from the Internet.
This case was investigated by Homeland Security Investigations together with the Federal Bureau of Investigation and the Texas Department of Public Safety. Assistant U.S. Attorney Austin Berry 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.
Los Zetas Members Sentenced to Life Imprisonment on Federal Drug and Firearm ChargesRead the Press Release
In Del Rio this morning, U.S. District Judge Alia Moses sentenced two members of the Los Zetas Drug Trafficking Organization, to life in federal prison for smuggling thousands of kilograms of marijuana and hundreds of assault rifles announced Richard L. Durbin, Jr., Acting United States Attorney; James Spero, Homeland Security Investigations (HSI) Special Agent in Charge of the San Antonio Division; Robert Elder, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge of the Houston Division; and, Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division.
On June 20, 2014, a federal jury convicted 29–year-old Emilio Villalobos-Alcala and 27–year-old Jose Eluid Lugo-Lopez (aka “Cochi Loco”) of one count of conspiracy to import marijuana; one count of conspiracy to possess with intent to distribute marijuana; one count of conspiracy to possess firearms in furtherance of a drug trafficking crime; and, two counts of smuggling goods from the United States.
According to courtroom testimony, Villalobos-Alcala, a purported leader of the Los Zetas Cartel activities in Piedras Negras and fellow senior level member Lugo-Lopez were involved in a large-scale marijuana and firearms smuggling scheme from July 2011 until February 2013. Assault weapons, other firearms, magazines and ammunition purchased in San Antonio were transported inside hidden compartments in cars and trucks and smuggled through Eagle Pass, Texas, to Piedras Negras. Bundles of marijuana, smuggled across the river into Quemado, Texas, were transported to stash houses in Eagle Pass. From there, the marijuana was transported to stash houses in San Antonio and ultimately to distributors in Dallas and Houston.
Evidence presented during the trial included multiple threats made by Villalobos-Alcala and Lugo-Lopez that they would kill people involved in the smuggling conspiracy or their family members if they did not pay money for drugs or weapons seized by law enforcement or agree to move drugs or weapons on behalf of the cartel.
“Today’s sentencing of Emilio Villalobos-Alcala and Jose Eluid Lugo-Lopez to life imprisonment sends a clear message of the serious consequences awaiting those who engage in this type of criminal activity,” said James Spero, Special in Charge, HSI San Antonio. “HSI will continue to utilize its broad authorities, in concert with its federal, state/local and international partners, to dismantle criminal organizations.”
“Operations such as these, which rely on intimidation and violence to accomplish their goals, represent the worst types of offenders. ATF is proud to be among the agencies responsible for taking down two key players in the Los Zetas Cartel,” said Robert Elder, ATF Special Agent in Charge.
This case was investigated by special agents with HSI, ATF, FBI and the Drug Enforcement Administration together with the U.S. Border Patrol, Texas Department of Public Safety and the Zavala County Sheriff’s Office. Assistant United States Attorneys Jay Hulings and Russell Leachman prosecuted this case on behalf of the Government.
Former El Paso Couple Sentenced to Federal Prison for their Roles in an Identity Theft and Fraudulent Tax Refund SchemeRead the Press Release
In El Paso, 34–year-old Curtis Joshua Cooper (aka “Kelvin Afanador-Rodriguez”) and 30-year-old Brandie Malfavon were sentenced to 29 months and eight months in federal prison, respectively, for their roles in an identity theft and fraudulent tax refund scheme announced Acting United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation Special Agent in Charge William Cotter.
In addition to the prison terms, U.S. District Judge Frank Montalvo ordered that the defendants pay $22,749.55 restitution to the Internal Revenue Service and that they be placed on supervised release for a period of two years after completing their prison terms.
On January 13, 2015, Cooper and Malfavon pleaded guilty to one count of conspiracy to commit wire fraud. Cooper also pleaded guilty to one count of aggravated identity theft. According to court records, from January 2010 until March 2011, the defendants conspired to obtain refunds derived from fraudulently prepared income tax returns. Cooper, admittedly, used names, dates of birth and social security numbers he purchased to electronically submit fraudulent income tax returns to the Internal Revenue Service. The refunds, which were claimed and received by Cooper based on those fraudulent income tax returns, were transferred by wire from the Federal Reserve Branch in New York to bank accounts in El Paso that were opened by Malfavon.
“The actions of these criminals to steal the identities of innocent, hardworking Americans in order to use the ill-gotten funds for personal gain are disgraceful,” said IRS-Criminal Investigation Special Agent in Charge William Cotter, San Antonio Field Office. “Identity theft is a serious crime that hurts innocent taxpayers and IRS Criminal Investigation is determined to stop these criminals and bring them to justice.”
This case was investigated by the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorney Adrian Gallegos prosecuted this case on behalf of the Government.
Waco Man Sentenced to Federal Prison for Role in Family-Based Marijuana Distribution ConspiracyRead the Press Release
A Waco, TX, man was sentenced to seven years in federal prison for his role in a family-based marijuana distribution conspiracy announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Walter S. Smith, Jr., ordered that 59–year-old Phillip Larry Koss pay a $1,000 fine and be placed on supervised release for a period of three years after completing his prison term.
In February, a federal jury in Waco convicted Koss of conspiracy to possess with intent to distribute in excess of 50 kilograms of marijuana. The jury acquitted him of one count of possession with intent to distribute marijuana and one count of maintaining a drug involved premise. According to evidence presented during trial, the defendant participated in a drug trafficking scheme by using his bank account to finance portions of the operation including paying for cell phones, marijuana cultivating equipment and other miscellaneous bills.
On November 29, 2013, authorities executed a search warrant at the defendant’s residence and discovered approximately 12 pounds of tetrahydrocannabinol, commonly known as THC, several firearms and $27,000 in U.S. Currency. Authorities have also recovered approximately 200 pounds of marijuana resulting from related search warrants executed in California as well as traffic stops during this investigation. Testimony also revealed that Koss’ son, Conner, among others, cultivated high grade marijuana in the State of California and arranged for it to be transported to and distributed in the Austin area.
In July 2014, Phillip Larry Koss entered a guilty plea to possession with intent to distribute marijuana, but withdrew his guilty plea in November 2014 prior to sentencing.
Koss’ four co-defendants, including his wife and two sons, have been convicted of their roles in the marijuana trafficking conspiracy and sentenced as a result of this investigation. Last year, Conner Phillip Koss received a sentence of 121 months incarceration; Le’Ann Koss, 70 months incarceration; and, Brian Thomas Smith, two years incarceration. On January 7, 2015, Chad Koss was sentenced to three years probation including six months home confinement and ordered to pay a $1,000 fine.
This investigation was conducted by the McGregor Police Department, Texas Department of Public Safety and the Yuba County (CA) Narcotics Enforcement Team. Assistant United States Attorney Mary F. Kucera prosecuted this case on behalf of the Government.
Registered Sex Offender Residing in El Paso Enters Guilty Plea to Receipt and Distribution of over 93,000 Images of Child PornographyRead the Press Release
This morning, 44–year-old Alexandro Silva of El Paso pleaded guilty to receipt and distribution of more than 93,000 images of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
As a result of his plea, Silva faces between five and 20 years in federal prison. Sentencing is expected to occur in the next 60-90 days before Senior United States District Judge David Briones.
According to court records, on August 29, 2014, HSI agents executed a search warrant at Silva’s residence and seized various items including a computer tower, two laptop computers and various electronic media. A subsequent forensics examination of the defendant’s desktop computer revealed the presence of more than 93,000 images and 55 videos of minors engaged in sexually explicit conduct.
Silva has remained in federal custody since his arrest on August 29, 2014.
This case was investigated by Homeland Security Investigations together with the El Paso County Sheriff’s Office. Assistant U.S. Attorney Rifian Newaz 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 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.
El Paso Man Sentenced to 15 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
In El Paso, 44–year-old Albert Hibbert was sentenced to 15 years in federal prison for receipt of child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term handed down yesterday, U.S. District Judge Philip R, Martinez ordered that Hibbert pay a $1,000 fine, be placed on supervised release for a period of 20 years after completing his prison term and register as a sex offender.
According to court records, the HSI El Paso Cyber Crimes Group identified the defendant, who goes by the username “swelldad”, during an investigation involving suspected child pornography called Operation Protego. On April 3, 2014, Hibbert consented to a residential search by investigators. Evidence gathered during that search included the defendant’s laptop computer. A subsequent search of the computer revealed the presence of more than 400 images and 13 videos depicting the sexual exploitation of minors downloaded from the Internet.
On January 22, 2015, Hibbert pleaded guilty to one count of receipt of child pornography. He has remained in federal custody since his arrest on April 3, 2014.
“HSI is committed to protecting our children from individuals who exploit and prey on them,” said Waldemar Rodriguez, special agent in charge of HSI El Paso. “We will continue to work with our law enforcement partners and the U.S. attorney’s office to arrest and prosecute such individuals in our community.”
This case was investigated by Homeland Security Investigations together with the Texas Rangers. Assistant U.S. Attorney Robert Almonte 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.
Lebanese-Born Man Sentenced to Federal Prison on Charges of Making False Statement to a Federal Agent and an Unlawful Attempt at NaturalizationRead the Press Release
Today in San Antonio, United States District Judge Royce C. Lamberth sentenced 45–year-old Lebanese–born Wissam “Sam” Allouche to five years in federal prison for knowingly lying to federal authorities on his U.S. citizenship petition about his relationship with the Amal militia. That announcement was made today by Acting United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Judge Lamberth sentenced Allouche to five-year terms of imprisonment, to run concurrently, for making a false statement to a federal agent and for an unlawful attempt to procure and obtain naturalization and citizenship. Today, Judge Lamberth found that there was evidence beyond a reasonable doubt that Allouche was a member of the Amal militia and had command authority over Hezbollah.
Testimony during trial revealed that Allouche, who migrated to the United States after marrying his wife, a U.S. Army soldier, failed to disclose in January 2009 to U.S. immigration authorities the fact that in the 1980s, he was a member of the Amal militia in order to remain in the United States. In addition, while seeking a contract linguist position with the U.S. Department of Defense that required top security clearance, evidence revealed that Allouche failed to disclose that he was held as a prisoner of war by Israel. Present and former relatives testified Allouche later made statements that he subsequently killed an Israeli pilot captured by Hezbollah in retaliation for his imprisonment. Evidence presented during trial also showed that in 2009, Allouche unlawfully obtained U.S. citizenship by claiming that he was living with his estranged wife when, in fact, they were in divorce proceedings. On February 20, 2015, jurors convicted Allouche of both charges.
The case was investigated by the FBI and the San Antonio Joint Terrorism Task Force. The case was prosecuted by Assistant U.S. Attorneys Mark Roomberg and Jay Hulings for the Western District of Texas.
Carthage Man Receives Maximum Federal Prison Sentence for Producing and Possessing Child PornRead the Press Release
Today in Austin, U.S. District Judge Sam Sparks sentenced 40–year-old James Randall Farmer of Carthage, TX, to a maximum 50 years in federal prison followed by a lifetime of supervised release for producing and possessing child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
According to court records, an FBI agent discovered approximately 18 images of child pornography posted on the internet on April 28, 2013, by an unknown individual. Upon further investigation, authorities determined that Farmer was, in fact, responsible for making those visual images, as well as several videos of a 4-year-old girl and 6-year-old girl engaging in sexually explicit conduct, available online. Investigators were also able to confirm that some of the videos depicted a room inside his victims' mother’s residence in Austin where he was residing at the time.
On November 6, 2014, authorities executed a federal search warrant at the defendant’s current residence in Carthage. Evidence gathered included an assortment of computer related equipment and a cell phone belonging to the defendant. A subsequent search of the defendant’s phone revealed the presence of several videos depicting child pornography produced by the defendant, including the videos referenced above which involved the same girls. The defendant also possessed other images and videos of child pornography.
On February 11, 2015, Farmer pleaded guilty to producing and possessing child pornography. Today, Judge Sparks sentenced Farmer to 30 years imprisonment for the production charge and 20 years imprisonment for the possession charge to run consecutive.
The case was investigated by the FBI Austin Child Exploitation Task Force. Members of that task force include the FBI, Texas Attorney General’s Office Cyber Crimes Unit and the Austin Police Department. This case was prosecuted by Assistant U.S. Attorney Matthew Devlin.
San Antonio Woman Sentenced to Federal Prison for Scheme to Collect Thousands of Dollars in Unemployment BenefitsRead the Press Release
Today in San Antonio, Andrea Nicole Brooks, age 30, was sentenced to 121 months in federal prison for a scheme to fraudulently collect unemployment benefits announced Acting United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Orlando Garcia ordered that Brooks pay $361,597 restitution to the Texas Workforce Commission and be placed on supervised release for a period of three years after completing her prison term.
On November 22, 2013, Brooks pleaded guilty to one count of mail fraud and one count of aggravated identity theft. According to court records, the defendant was employed as a Transplant Assistant III at Methodist Specialty and Transplant Hospital in San Antonio from January 2012 through November 2012. By pleading guilty, Brooks admitted that from March 2012 to December 2012, she obtained personal identification information, including Social Security Numbers and dates of birth, of hospital patients. She then used that information to fraudulently obtain unemployment benefits from the Texas Workforce Commission. Brooks also admitted that she received money from others for providing them with the stolen patient information so that they, too, could use it to illegally collect unemployment benefits.
“This was an egregious breach of trust, exploiting personal information of patients for financial gain. This case should send the clear message that those entrusted with patient information will be held fully accountable for misusing it for personal gain,” stated Acting United States Attorney Richard L. Durbin, Jr.
The case was investigated by the Department of Labor – Office of Inspector General and the United States Postal Inspection Service. Assistant U.S. Attorney Tom Moore prosecuted this case on behalf of the Government.
San Antonio Woman Pleads Guilty to Fraudulently Obtaining HydrocodoneRead the Press Release
In Waco, 41-year-old Calista Angelique Amani of San Antonio faces up to four years in federal prison after pleading guilty this afternoon to fraudulently obtaining Hydrocodone, announced Acting United States Attorney Richard L. Durbin, Jr.
Appearing before United States District Judge Walter Smith, Sr., Amani pleaded guilty to one count of obtaining a controlled substance by fraudulent means. By pleading guilty, Amani admitted that from March 2013 through April 2014, she saw 36 different medical practitioners in various cities and obtained 40 overlapping prescriptions for Hydrocodone. Those prescriptions were filled at 15 different pharmacies located in Killeen, Harker Heights and Copperas Cove, as well as other pharmacies located in various counties, including Bexar and Williamson. Amani also admitted that she obtained these proscriptions through fraud, misrepresentation and deception by providing different two different names and three different dates of birth.
Amani has remained in federal custody since her arrest on February 23, 2015. Sentencing is scheduled for June 17, 2015, before Judge Smith in Waco.
This case resulted from an investigation by the Texas Department of Public Safety Criminal Investigations Division. This case is being prosecuted by Assistant United States Attorney Mary Kucera.
Midland Man Sentenced to Federal Prison for Possessing Child PornRead the Press Release
Today in Midland, U.S. District Judge Robert A. Junell sentenced 29–year-old Matthew Lee Weidner to 121 months in federal prison followed by ten years of supervised release for possessing child pornography announced Acting United States Attorney Richard L. Durbin, Jr., and Texas Attorney General Ken Paxton.
According to court records, in March 2014, an investigator with the Texas Attorney General’s Office discovered more than a dozen videos containing child pornography available for download off the internet. After downloading several of the files, investigators were able to identify the defendant’s residence and executed a search warrant at that location on May 8, 2014. During the search, authorities seized a computer belonging to the defendant. A subsequent forensics examination of the defendant’s computer revealed the presence of more than 600 images depicting child pornography produced by the defendant.
On January 12, 2015, Weidner pleaded guilty to possessing child pornography. As part of the plea agreement, Weidner admitted to inappropriately touching several different children over the course of his lifetime, in addition to the possession of child pornography.
The case was investigated by the Texas Attorney General’s Office Cyber Crimes Unit and prosecuted by Assistant U.S. Attorney Austin Berry.
Ft. Hood Mom Pleads Guilty to Injury to a Child by OmissionRead the Press Release
In Waco, a 27-year-old mother living on Fort Hood pleaded guilty this afternoon to injury to a child by omission, announced Acting United States Attorney Richard L. Durbin, Jr. and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division
Appearing before United States District Judge Walter Smith, Sr., Andrea Tubbs admitted that she failed to care for, support and protect her 10-and-a-half-week-old child. According to court records, Tubbs gave birth to a child in September 2013. The child, born prematurely at 32 weeks, was hospitalized for approximately one month after birth in a Neo-natal Intensive Care Unit. On November 29, 2013, Tubbs and the infant’s father, U.S. Army soldier Richard A. White, Jr., dropped the child off with a relative of Tubbs. The relative noticed bruising on the child’s forearms consistent with finger marks as if someone had squeezed the infant too tightly. The relative pointed this out to Tubbs and White the next day when they picked up the child.
Court records also reveal that on December 16, 2013, Tubbs and White took their child to McLane’s Children Hospital, Scott and White, Emergency Room, located in Temple, for a respiratory problem. During treatment, a chest x-ray revealed that the child suffered from multiple bilateral rib fractures in various stages of healing--all were the result of non-accidental trauma. Further investigation by the medical staff revealed a corner fracture to the child’s right humerus, also the result of non-accidental trauma. The corner fracture was no older than seven days. Some of the rib fractures were from seven to ten days old. The remaining rib fractures were from ten to fourteen days old.
After having been previously put on notice by Tubb’s relative, the defendant’s failure to care for, to support and to protect her child from the non-accidental trauma inflicted on its ribs and from the non-accidental trauma inflicted upon its humerus, constitute reckless omissions under Texas law. That is, her failure to act to protect her child caused the described injuries.
Both Tubbs and White have remained in federal custody since their arrest in October 2014. The child has been placed in the custody of relatives. Tubbs, who faces up to two years in federal prison, is scheduled for sentencing on June 17, 2015, before Judge Smith in Waco. White is awaiting jury selection and trial which is scheduled for May 11, 2015. He is charged by a federal grand jury indictment with two counts of injury to a child by omission and two counts of endangering a child by omission.
This case resulted from an investigation by the Federal Bureau of Investigation together with the U.S. Army Criminal Investigation Division and is being prosecuted by Assistant United States Attorneys Mary Kucera and Mark Frazier.
Federal Jury in Del Rio Convicts Carrizo Springs-Based Alien Smuggling Operation RingleaderRead the Press Release
In Del Rio today, a federal jury convicted 44–year-old Eduardo Rocha, Sr. (aka “Lalo”), for his leadership role in an undocumented alien smuggling ring operating in Carrizo Springs, TX, that tortured victims while waiting for ransom payments announced Acting United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge James Spero and Dimmit County Sheriff Marion Boyd.
As a result of today’s verdict, Rocha faces up to 20 years in prison each for conspiracy to transport illegal aliens involving serious bodily injury and conspiracy to transport illegal aliens involving serious bodily injury; up to 20 years in prison on each of three separate counts of harboring an illegal alien involving serious bodily injury; and, up to life in prison on each of two counts of conspiracy to commit hostage taking. Sentencing is scheduled for October 14, 2015, at 2:00pm.
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.
Jurors also made a special finding in their verdict that the smuggling offenses each involved serious bodily injury. They also found that Rocha’s Carrizo Springs property should be forfeited to the United States.
Co-conspirators Atanacio Daniel Castro, Eduardo Rocha, Jr., Christopher Jones, Tara Cournoyer, and Esmeralda Cruz remain in federal custody. All have already pleaded guilty to federal conspiracy charges relating to their involvement in Rocha, Sr.’s smuggling operation and are awaiting sentencing.
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.
U.S. Customs and Border Protection Officer in El Paso Pleads Not Guilty to Falsification of Records in InvestigationRead the Press Release
In El Paso today, 45-year-old Supervisory Department of Homeland Security U.S. Customs and Border Protection (CBP) officer Marco Antonio Aveytia waived his arraignment and entered a not guilty plea to lying to federal authorities in connection with an ongoing investigation announced Acting United States Attorney Richard L. Durbin, Jr., CBP Deputy Special Agent in Charge Art Martinez, Jr., and Special Agent in Charge Douglas E. Lindquist of the FBI’s El Paso Division.
A federal grand jury indictment returned last Wednesday charges Aveytia with one count of falsification of records in a federal investigation. The indictment alleges Aveytia that on January 26, 2014, Aveytia provided false information that his government issued firearm was stolen during a burglary of his residence.
Upon conviction, Aveytia faces up to 20 years in federal prison and a maximum $250,000 fine.
Aveytia, who was arrested on Monday, is currently on bond awaiting further court proceedings. Jury selection and trial, before U.S. District Judge Philip Martinez, has yet to be scheduled.
The case resulted from a joint investigation by the CBP-Office of Internal Affairs and the FBI. This case is being prosecuted by Assistant United States Attorney Greg McDonald.
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.