District of Puerto Rico
Press releases recorded for this federal judicial district.
Man Sentenced to 30 Years in Prison for Child PornographyRead the Press Release
SAN JUAN, Puerto Rico – United States District Court Chief Judge Raúl Arias Marxuach sentenced Francisco Xavier Ortiz-Colón to 30 years in prison,10 years of supervised release, and registration as a sex offender for nine counts of production of child pornography, eight counts of coercion and enticement of a minor to engage in sexual conduct, one count of receipt of child pornography, and one count of possession of child pornography. On November 9, 2022, Ortiz-Colón was found guilty of 19 counts of child pornography.
According to court documents and testimony during trial, from August 2019 through June 2020, Ortiz-Colón induced, enticed, and coerced nine female victims, ranging from nine to fourteen years of age, to engage in sexually explicit conduct for the purpose of producing child pornography. Ortiz-Colón used multiple Instagram accounts to commit these crimes.
During trial, the government presented evidence to prove that Ortiz-Colón used three Instagram accounts, while impersonating a female user, to procure armpit photos of the minor victims. After obtaining photos of the minors’ armpits and breasts, he used those photos to extort further explicit pornographic photos of the minors. HSI law enforcement agents executed several search warrants of the address where Ortiz-Colón’s Instagram account IP Address was identified and found him in possession of the smartphone through which he exercised control of the Instagram accounts used to extort the minor victims.
“The sentenced imposed today reflects the heinous nature the crimes committed by the defendant and the abuse inflicted on his victims,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The U.S. Attorney’s Office and our law enforcement partners will relentlessly investigate and prosecute the misuse of social media platforms to commit these atrocious crimes.”
“Today’s sentencing not only concludes a long emotional process of victim testimonies which impacted everybody present in the courthouse, but most importantly provides closure to all the minors who this predator attacked with no mercy,” said HSI Acting Special Agent in Charge Rebecca González-Ramos. “This man once told one of his victims that he would never get caught by law enforcement, he believed he was above the law, preying on our children. HSI arrested him and a jury found him guilty, it’s time to face a long sentence in jail.”
The Department of Homeland Security Investigations (HSI) investigated the case.
Assistant U.S. Attorney Jenifer Y. Hernández-Vega, Project Safe Childhood Coordinator in the Child Exploitation and Immigration Unit, prosecuted the case.
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Three Individuals Sentenced to Lengthy Prison Terms for the Carjacking Murder of a College Student in Utuado, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On May 18, 2023, U.S. District Judge Raúl Arias-Marxuach sentenced Richard Montalvo-Otero, Yabdier Hernández-Camacho, and Luis Rodríguez-Otero to serve prison sentences of 360 months, 262 months, and 240 months, respectively, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. All three defendants had previously pleaded guilty to federal offenses relating to the carjacking and killing of Álvaro Torres-De Jesús.
Specifically, on October 1, 2019, Montalvo-Otero, Hernández-Camacho, and Rodríguez-Otero traveled to the Bar de Hery, a commercial establishment near the University of Puerto Rico campus in Utuado, Puerto Rico. Once there, the three men met with Torres, a classmate of Rodríguez-Otero. After socializing with Torres for a while, Montalvo-Otero, Hernández-Camacho, and Rodríguez-Otero, aiding and abetting each other, forced Torres into his Toyota Rav4 at gunpoint.
Montalvo-Otero and Hernández-Camacho then drove Torres to an alleyway where they met with Rodríguez-Otero. At the alleyway, Montalvo-Otero and Hernández-Camacho opened fire on Torres, shooting and killing him as Rodríguez-Otero recorded the incident. After the shooting, Montalvo-Otero and Hernández-Camacho drove the Toyota Rav4 to a separate location, where they abandoned it. The following evening, Montalvo-Otero and Hernández-Camacho set the Toyota Rav4 on fire and shot and wounded Rodríguez-Otero in an attempt to kill him.
“Although today’s sentences cannot undo the devastation that these men inflicted upon Torres’ family, they reflect our resolve to ensure that those who menace our communities with senseless acts of violence face the consequences of their actions,” said United States Attorney Muldrow.
The FBI and the Puerto Rico Police Bureau investigated the case.
Assistant U.S. States Attorneys Alexander L. Alum and Daynelle M. Álvarez Lora prosecuted the case.
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Individual Sentenced to 27 Months in Prison for a 1.2 Million Dollar Fraud Scheme Involving the Creation of Fictitious Employees and the Misuse of Social Security NumbersRead the Press Release
SAN JUAN, Puerto Rico – United States District Court Judge Pedro A. Delgado sentenced Gilberto J. Meléndez-Colón to two years and three months in prison for conspiracy to commit wire fraud. He was also ordered to pay restitution in the amount of $1,396,008.47. Meléndez-Colón pleaded guilty on January 31, 2023. Co-defendant Ángel Pagán was sentenced to five years of probation for unlawful disclosure of his social security number.
According to court documents, Meléndez-Colón conspired to defraud Company A, a local family business engaged in short and long-term construction and improvement projects. From January 2012 through July 2017, Meléndez-Colón served as the Accounting Officer in charge of Company A’s payroll. Meléndez-Colón created profiles and accounts for two fictitious employees in the company’s Web Cash Manager Program. Meléndez-Colón used two individuals’ names and social security numbers, including co-defendant ngel Pagán, to create fictitious employee profiles in the company’s Web Cash Manager Program. While creating the fictitious employee profiles, Meléndez-Colón listed his own bank account numbers to receive direct deposits for the payroll of the fictitious employees.
Meléndez-Colón also altered the company’s payroll information by falsely increasing the hours worked by regular employees. Meléndez-Colón would then submit the altered and fraudulent payroll information to management for approval. Once approved, Meléndez-Colón diverted money through the Web Cash Manager Program to his own bank accounts assigned to the two fictitious employees. From January 2012 through July 2017, Meléndez-Colón diverted approximately $1,223,654.21 as part of the unlawful conspiracy.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico; Sharon MacDermott, Special Agent in Charge of the Social Security Administration, Office of the Inspector General (“SSA-OIG”); and Rebecca González Ramos, Special Agent in Charge of Homeland Security Investigations (“HSI”) made the announcement.
The Social Security Administration, Office of the Inspector General (“SSA-OIG”) and Homeland Security Investigations (“HSI”) investigated the case.
Special Assistant United States Attorney for the Social Security Administration Vanessa D. Bonano-Rodríguez prosecuted the case.
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44 Individuals Indicted by Federal Grand Jury for Roles in a Multimillion-Dollar Fraudulent Scheme to Obtain COVID-19 Relief FundsRead the Press Release
SAN JUAN, Puerto Rico – W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico, announced the indictment of 44 individuals for their participation in a multi-million-dollar fraudulent scheme to illegally obtain federal recovery funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Grand Jury charged the defendants with multiple counts of wire fraud and money laundering. The charging documents allege that from April 2020 through May 2023, the defendants and their co-conspirators caused the submission of at least 52 Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) loan applications seeking the illegal disbursement of at least $1,237,855 in federal recovery funds from the U.S. Small Business Administration (SBA) and Bank 1.
“These defendants stole over $1 million through fraudulent means and used those funds to support their own personal lifestyles, taking needed resources from those whose legitimate businesses were suffering from losses due to the COVID-19 pandemic,” said U.S. Attorney Muldrow. “Federal programs such as these are set up to help those in need, not to benefit criminals. Prosecution of those who illegally obtain government benefits will continue to be a priority for our office.”
The United States Secret Service, the Small Business Administration Office of the Inspector General, the Treasury Inspector General for Tax Administration, and the Internal Revenue Service Criminal Investigations conducted the investigation with the collaboration of the Puerto Rico Treasury Department, the Puerto Rico Bureau of Special Investigations, the Puerto Rico Police Bureau, and the Guaynabo Municipal Police.
According to court documents, defendant Hendrick Socorro Sánchez Orta, a.k.a. “Cuba/Tito”, together with Manfred A. Pentzke Lemus, a.k.a. “Man/Contable/El Gestor”, Rodolpho R. Pagesy Roussel, a.k.a. “El Banquero”, Augusto A. Lemus Berrios, a.k.a. “Primo”, Jonatan Ben David Prieto Ruiz De Val, a.k.a. “Johnny Millones”, Ligia María Lemus De Pentzke, and others knowingly devised a scheme to defraud the SBA and Bank 1 to obtain federal money and property by means of materially false and fraudulent pretenses, representations, and promises submitted through applications for EIDL and PPP loans made available to help small businesses recover from the impact of the pandemic through the CARES Act. Pentzke Lemus, Pagesy Roussel, Lemus Berrios, Prieto Ruiz De Val, and Lemus De Pentzke were previously charged in April in a separate indictment.
The defendants are:
[1] Hendrick Socorro Sánchez Orta, a.k.a. “Cuba/Tito”
[2] Julia E. Pastrana Romero
[3] Hillary Sánchez Santiago
[4] Harold H. Sánchez Santiago
[5] Yeimyliz E. Díaz Pastrana
[6] Alex Gotay Concepción
[7] Alexandra Dávila Ortiz
[8] Alexis X. Pantoja Díaz
[9] Ángel M. Martínez Martínez
[10] Arnaldo X. Rodríguez Camacho
[11] Betzaida Ortiz García
[12] Carlos E. Peña Santiago
[13] Christian J. Rivera Renovales
[14] Denisse Y. Rodríguez De Jesús
[15] Divad Román Estrada
[16] Eduardo Pastrana Morales
[17] Félix D. Lara Vázquez
[18] Héctor I. Santiago Díaz
[19] Iris Y. Díaz Pérez
[20] Ivelisse Nieves Irizarry
[21] Jan A. Hernández Martínez
[22] Javier Vélez Torres
[23] Jesús E. Soto Lozada
[24] Josearyam Gotay León
[25] Joseph Morales Santiago
[26] Juan L. Rivera Mundo
[27] Katty M. De León Delgado
[28] Kenned A. Velázquez Toledo
[29] Luis E. Reyes Sandoval
[30] Luis A. Rodríguez De Jesús
[31] Marla Pereira Medina
[32] Nicole M. Suárez Padilla
[33] Oscar López Cruz
[34] Rafael J. Mejías González
[35] Reynaldo López Agrinzoni
[36] Ricardo J. Ramos Moyet
[37] Roberto Gotay Concepción
[38] Ruth D. Trinidad De León
[39] Sergio A. León Pérez
[40] Tomás E. Cátala Suárez
[41] Wanda M. Rodríguez Feliciano
[42] Wendee P. Cedeño Rosa
[43] Yadisha Morales Santiago
[44] Yoel Rivera Hernández
The CARES Act authorized federal assistance through the issuance of SBA loans to small businesses and non-profit entities that experienced revenue loss due to the COVID-19 worldwide pandemic. The EIDL program was one such loan assistance program for small businesses. To procure the loan, applicants had to fill out an online application detailing operational information for the 12‑month period prior to the COVID-19 pandemic, such as the number of employees in the business, the gross business revenues realized, and the cost of goods sold. Another form of assistance provided by the CARES Act was the authorization of United States taxpayer funds in forgivable loans to small businesses for job retention and certain other expenses, such as interest on mortgages, rent and utilities, through the Paycheck Protection Program (PPP).
The indictment alleges that the defendants and their co-conspirators submitted at least 52 fraudulent EIDL and PPP loan applications containing materially false and fraudulent information and false documents, including false and fictitious tax documents, payroll records, bank records, and identification documents, to procure the disbursement of EIDL and PPP assistance loans by Bank 1. The indictment further alleges that the defendants and their co-conspirators directed the recipients of the fraudulently obtained PPP and EIDL loans to remit a portion of the proceeds of the loans to the defendants and their co-conspirators and used the loan proceeds to benefit themselves and others, and to pay for expenses prohibited under the requirements of the EIDL and PPP programs.
The court documents claim that defendant Manfred A. Pentzke Lemus was the principal organizer of the fraudulent scheme and the efforts to launder the proceeds; defendant Rodolpho R. Pagesy Roussel worked at Bank 1 in San Juan, Puerto Rico, and used his position to obtain the approval of fraudulent PPP applications; defendant Augusto A. Lemus Berríos assisted in the preparation of fraudulent PPP applications; defendant Jonatan Ben David Prieto Ruiz De Val acted as a money courier and coordinated the delivery of “kickback” payments to further the fraudulent scheme; defendant Ligia María Lemus De Pentzke received “kickback” payments from proceeds of the fraudulent scheme and forwarded them to her co‑conspirators; and defendant Carlos Manfredo Pentzke Chamorro received fraudulent PPP and EIDL loans in furtherance of the conspiracy. The defendants, including [1] Hendrick Socorro Sánchez Orta, a.k.a. “Cuba/Tito”, are also alleged to have recruited other unindicted co-conspirators to not only obtain additional EIDL and PPP loans under false pretenses, but recruit others to submit fraudulent applications.
The United States seized approximately $848,957.96 in proceeds of this scheme from Bank 1, which are currently subject to forfeiture.
If convicted, the defendants are facing up to 30 years in prison for the wire fraud counts. Hendrick Socorro Sánchez Orta is also facing up to 20 years of imprisonment for the money laundering count and a forfeiture allegation of the following assets:
a. One Burgundy 2003 Hummer H2
b. One Gold 2013 Lexus ES 350
c. One 2015 Chrysler 300
d. One Caterpillar Electrical Power Generator 19.4 kW with Transfer Switch
e. Assorted Fitness Equipment Valued at Approximately $40,000
This case is being prosecuted by Assistant U.S. Attorneys Timothy R. Henwood and Daniel J. Olinghouse.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Men Indicted for Environmental Crimes Committed in the Jobos Bay National Estuarine Research Reserve and Las Mareas Community of Salinas, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On May 10, 2023, a Federal Grand Jury in the District of Puerto Rico returned two separate indictments charging Luis Enrique Rodríguez Sánchez and Pedro Luis Bones Torres with violations of the Clean Water Act and the Rivers and Harbors Act, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico, and Todd Kim, Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice. The charges relate to the illegal construction and deposit of material into the wetlands and waters of the United States in the Jobos Bay National Estuarine Research Reserve (the “Jobos Estuarine Reserve”) and Las Mareas community of Salinas, Puerto Rico.
Various federal agencies are involved in this ongoing investigation into environmental crimes in the Jobos Estuarine Reserve and Las Mareas community, including the Environmental Protection Agency Criminal Investigation Division (EPA-CID), Federal Bureau of Investigation (FBI), U.S. Department of the Army Criminal Investigation Division (Army-CID), U.S. Department of Commerce, Office of Inspector General (DOC-OIG), National Oceanic & Atmospheric Administration Office of Law Enforcement (NOAA-OLE), and U.S. Fish and Wildlife Service Office of Law Enforcement (FW‑OLE).
According to the indictments, from approximately January 2020 through October 2022, Luis Enrique Rodríguez Sánchez (Rodríguez Sánchez) and Pedro Luis Bones Torres (Bones Torres) knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. Rodríguez Sánchez and Bones Torres are also charged with building structures within the navigable waters of the United States without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act.
The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical, and biological integrity of the nation’s waters. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
The Rivers and Harbors Act was originally enacted in 1899 and is generally considered the oldest environmental law in the United States. It serves to regulate and protect the navigable waters of the United States and prohibits the un-permitted construction of structures within those waters.
Both the Clean Water Act and the Rivers and Harbors Act protect the coastal waters within the JBNERR.
The Jobos Estuarine Reserve was designated as a National Estuarine Research Reserve by the National Oceanic and Atmospheric Administration (NOAA) in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the Southern coastal plain of Puerto Rico. The Jobos Estuarine Reserve contains mangrove islands, mangrove forests, tidal wetlands, coral reefs, lagoons, salt flats, dry forest, and seagrass beds. It is also home to the endangered brown pelican, peregrine falcon, hawksbill turtle, and West Indian manatee. The Jobos Estuarine Reserve is owned and operated by the Puerto Rico Department of Natural and Environmental Resources (PR‑DNER).
Both Rodríguez Sánchez and Bones Torres were arrested and are scheduled to appear today before Magistrate Judge Marshal D. Morgan of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants are facing up to a total of four years of imprisonment, fines, and injunctive relief to remove violative structures.
“These cases demonstrate our commitment to protecting wetland ecosystems, which have many public and environmental benefits,” said Todd Kim, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “Coastal wetlands protect communities from storm surges and hurricanes, protect vulnerable species from exploitation, stabilize estuaries, and provide natural water filtration that improves water quality.”
“The U.S. Attorney’s Office is committed to enforcing federal environmental protection laws and to holding violators responsible for the harm caused. These laws protect the animals, resources, and habitats within Puerto Rico, the Jobos Bay National Estuarine Research Reserve, and the Las Mareas community. The unpermitted construction, pollution, and fill within these protected waters of the United States also poses flooding and hurricane mitigation concerns for surrounding communities. As such, they are a priority for federal environmental enforcement efforts,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
“The coastal wetlands of Puerto Rico are an important resource, providing habitat for numerous endangered species and serving as a natural buffer from the effects of hurricanes and flooding, events which are only increasing with climate change,” said Special Agent in Charge Tyler Amon for the U.S. EPA Criminal Investigation Division. “Coastal habitats in Puerto Rico have been habitually exploited and abused by developers and illegal tenants, but today’s indictments show that EPA and our federal law enforcement partners are actively working to stop these illegal activities and to protect these areas for future generations.”
“The preservation and protection of the world which we all share is both our collective and individual responsibility. What you see today is the result of that collective responsibility taken to heart by those of us who are called to serve and protect,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “Our commitment in the FBI is to investigate and curtail threats to our public safety and national security to the fullest extent, and we are fully engaged with our local and federal partners to make that happen. Wherever violations of federal law may take place, expect to see the FBI working hand in hand with our partners. The message should be clear, environmental protection laws will be enforced and violators should expect consequences.”
“Today’s actions send a clear signal that the Department of Commerce, Office of Inspector General (DOC-OIG) is dedicated to investigating potential fraud, waste and abuse in projects receiving funding from the NOAA. DOC-OIG greatly appreciates the cooperative efforts of our prosecutorial and law enforcement partners as we seek to enforce laws protecting the environment and natural beauty of Puerto Rico,” said Jeffrey Lysaght, Special Agent in Charge, U.S Department of Commerce, Office of Inspector General.
U.S. Fish and Wildlife Service Office of Law Enforcement Southeast Special Agent in Charge Stephen Clark stated, “We continue to work with our partners in the protection of fragile ecosystems that serve as home for native wildlife species and will continue to bring to justice those who seek to exploit these resources with complete disregard of the consequences it brings to the people and natural resources of Puerto Rico.”
“We are dedicated to enforcing the laws that conserve and protect our nation’s marine resources and their natural habitat,” said Manny Antonaras, Assistant Director of NOAA’s Office of Law Enforcement, Southeast Division. “This case highlights the importance of our ongoing collaborations with law enforcement partners working together to hold those who break the rules accountable.”
“We are very pleased with today’s announcement,” said Special Agent in Charge L. Scott Moreland, from the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “This is a true testament to our continued commitment to work closely with our fellow law enforcement agencies to investigative violations of Federal law.”
The case is being prosecuted by Senior Trial Attorney Patrick M. Duggan of the Environmental Crimes Section of the U.S. Department of Justice and Assistant U.S. Attorney Seth A. Erbe, Environmental Litigation Coordinator for the U.S. Attorney’s Office for the District of Puerto Rico.
These indictments are part of an ongoing investigation. If you have any information related to this investigation or environmental crimes in the area, please contact enforcement officials, which may be done anonymously. The EPA can be contacted at (787) 977-5821 or at https://echo.epa.gov/denuncie-violaciones-ambientales. The FBI can be contacted at (787) 987-6500 or https://tips.fbi.gov/.
For more information on the Jobos Bay National Estuarine Reserve, please visit https://www.drna.pr.gov/jbnerr/ or https://coast.noaa.gov/nerrs/reserves/jobos-bay.html.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Men Indicted for Environmental Crimes Committed in the Jobos Bay National Estuarine Research Reserve and Las Mareas Community of Salinas, Puerto RicoRead the Press Release
Today, in the District of Puerto Rico, a federal grand jury returned two separate indictments charging Luis Enrique Rodriguez Sanchez and Pedro Luis Bones Torres with violations of the Clean Water Act and the Rivers and Harbors Act related to the illegal construction and deposit of material into the wetlands and waters of the United States in the area of the Jobos Bay National Estuarine Research Reserve (JBNERR) and Las Mareas community of Salinas, Puerto Rico.
According to the indictments, from approximately January 2020 through October 2022, Luis Enrique Rodriguez Sanchez (Rodriguez Sanchez) and Pedro Luis Bones Torres (Bones Torres) knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. Further, both Rodriguez Sanchez and Bones Torres are charged with building structures within the navigable waters of the United States without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act. These activities occurred in the coastal waters and wetlands of the Las Mareas community and JBNERR in Salinas, Puerto Rico.
“These cases demonstrate our commitment to protecting wetland ecosystems, which have many public and environmental benefits,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Coastal wetlands protect communities from storm surges and hurricanes, protect vulnerable species from exploitation, stabilize estuaries and provide natural water filtration that improves water quality.”
“The U.S. Attorney’s Office is committed to enforcing federal environmental protection laws and to holding violators responsible for the harm that they cause,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “These laws play an important role in protecting the animals, resources, and habitats within Puerto Rico, the Las Mareas community, and the Jobos Bay National Estuarine Research Reserve. The unpermitted construction, pollution, and fill within the protected waters of the United States also poses flooding and hurricane mitigation concerns for surrounding communities. As such, they are a priority for federal environmental enforcement efforts.”
“Today’s actions send a clear signal that the Department of Commerce Office of Inspector General (DOC-OIG) is dedicated to investigating potential fraud, waste and abuse in projects receiving funding from the National Oceanic and Atmospheric Administration (NOAA),” said Special Agent in Charge Jeffrey Lysaght of the DOC-OIG. “DOC-OIG greatly appreciates the cooperative efforts of our prosecutorial and law enforcement partners as we seek to enforce laws protecting the environment and natural beauty of Puerto Rico.”
The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical and biological integrity of the nation’s waters. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
The Rivers and Harbors Act was originally enacted in 1899 and is generally considered the oldest environmental law in the United States. It serves to regulate and protect the navigable waters of the United States and prohibits the un-permitted construction of structures within those waters. Both the Clean Water Act and the Rivers and Harbors Act protect the coastal waters within the JBNERR.
The JBNERR was designated as a National Estuarine Research Reserve by the NOAA in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the Southern coastal plain of Puerto Rico. The JBNERR contains mangrove islands, mangrove forests, tidal wetlands, coral reefs, lagoons, salt flats, dry forest and seagrass beds. It is also home to the endangered brown pelican, peregrine falcon, hawksbill turtle and West Indian manatee. The JBNERR is owned and operated by the Puerto Rico Department of Natural and Environmental Resources (PR-DNER).
Both Rodriguez Sanchez and Bones Torres were arrested and are scheduled to appear today before Magistrate Judge Bruce J. McGiverin of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants face up to four years in prison, as well as fines and injunctive relief to remove violative structures.
Various federal agencies are involved in this ongoing investigation related to environmental crimes in the JBNERR and Las Mareas community, including the Environmental Protection Agency Criminal Investigation Division (EPA-CID), FBI, U.S. Department of the Army Criminal Investigation Division (Army-CID), DOC-OIG, NOAA’s Office of Law Enforcement (NOAA-OLE), and U.S. Fish and Wildlife Service Office of Law Enforcement (FW-OLE).
The case is being prosecuted by Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Seth A. Erbe, Environmental Litigation Coordinator for the District of Puerto Rico.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Puerto Rico and USVI Environmental Crimes Task ForceRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow for the District of Puerto Rico, United States Attorney Delia Smith for the District of the United States Virgin Islands (USVI), and Chief Deborah Harris of the Department of Justice’s Environmental Crime Section announced, along with multiple federal law enforcement Special Agents in Charge, the formation of a Puerto Rico and USVI Environmental Crimes Task Force (Task Force) to investigate and prosecute violations of federal law harming the environment, wildlife and human health, and associated fraud, waste, and abuse.
Today’s announcement further underscores each agency’s ongoing commitment to environmental justice - a principle that combines civil rights with environmental protection by examining whether all people, regardless of race, color, national origin, or income are receiving fair treatment and meaningful involvement with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
On May 5, 2022, the Attorney General announced actions to enhance and advance the U.S. Department of Justice’s environmental justice (EJ) work. These efforts include the issuance of a Comprehensive Environmental Justice Enforcement Strategy (Strategy), the creation of an Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD), and the issuance of both an interim final rule rescinding the Department’s regulations at 28 C.F.R § 50.28 and a policy allowing the Department’s components to enter into settlement agreements that include payments under limited circumstances to non-governmental persons or entities that are not parties to the underlying litigation.
The creation of this Task Force builds upon those efforts by the Justice Department and brings together federal law enforcement agencies in Puerto Rico and the U.S. Virgin Islands. Those federal agencies will continue to work closely with their local counterparts, including the Puerto Rico Department of Natural Resources, the Puerto Rico Department of Justice, the USVI Department of Planning and Natural Resources, and the USVI Attorney General’s Office.
Task Force Law Enforcement Agencies
Army - Criminal Investigation Division
Army Corps of Engineers
Department of Agriculture – Office of Inspector General
Department of Commerce – Office of Inspector General
Department of Homeland Security – Homeland Security Investigations
Department of Transportation – Office of Inspector General
Environmental Protection Agency – Criminal Investigation Division
Environmental Protection Agency – Office of Inspector General
Federal Bureau of Investigation
Food and Drug Administration – Office of Criminal Investigations
Housing and Urban Development – Office of Inspector General
Internal Revenue Service – Criminal Investigation Division
National Oceanic and Atmospheric Administration – Office of Law Enforcement
U.S. Coast Guard – Sector San Juan
U.S. Coast Guard Investigative Service
U.S. Fish and Wildlife Service
“Environmental justice and ensuring that all residents of Puerto Rico enjoy a healthy environment free of hazardous waste and other pollutants is a top priority of the U.S. Attorney’s Office and the Justice Department,” said United States Attorney Muldrow. “This Task Force will combine and leverage resources from many federal agencies to aggressively enforce civil and criminal environmental laws.”
“The United States Attorney’s Office, along with our federal and local partners, is committed to enforcing environmental laws. Our goal is to ensure that all our citizens receive protection from environmental and health hazards and equal access to a healthy environment in which to live, learn, play and work”, United States Attorney Delia L. Smith said.
What Can You Do?
Reporting environmental, public health and safety concerns supports a safe community for all. U.S. Attorney Muldrow and U.S. Smith encourage Puerto Rico and USVI residents to use the following contact information to report violations to federal agencies.
If the violation concerns air quality, health, water, land, waste, chemicals and toxins (e.g. pesticides and lead paint), and/or a cleanup, contact the Environmental Protection Agency at www.epa.gov/report-violation to report violations.
Denuncie violaciones ambientales | US EPA
If the violation concerns fraud, waste and abuse of an EPA program, operation, grant or contract, contact Environmental Protection Agency Office of Inspector General at www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
If the violation concerns an oil or chemical spill, contact the National Response Center at 1-800-424-88022.
If the violation concerns a marine environment, contact the Coast Guard at www.p3tips.com/tipform.aspx?ID=878 and/or Sector San Juan Command Center: 787-729-2041.
If the violation concerns federal marine resources, you should contact the www.fisheries.noaa.gov/topic/enforcement or hotline at 1-800-853-1964.
If the violation concerns harm to wildlife (e.g. pesticide misuse), contact the U.S. Fish and Wildlife Service at 1-800-344-9453 or www.fws.gov/wildlife-crime-tips.
If the violation concerns wetlands or navigable waters, contact your local district branch of the U.S. Army Corps of Engineers at https://www.saj.usace.army.mil/Missions/Regulatory/Enforcement/.
If the violation concerns workplace conditions, such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742 or www.osha.gov/workers/file-complaint.
If the violation concerns housing conditions, contact the Department of Housing & Urban Development – Office of Inspector General (HUD-OIG) at 1-800-347-3735 or www.hudoig.gov/hotline/hotline-form.
If the violation concerns transportation of hazardous materials or a pipeline, contact the Department of Transportation – Office of Inspector General (DOT-OIG) at 1-800-424-9071 or www.oig.dot.gov/fraud-hotline
If the violation concerns medications, food products, devices, biological products, cosmetics, or other products for human consumption, contact the FDA at 1-800-332-0127 (toll-free) or https://www.fda.gov/safety/report-problem-fda.
If the violation concerns fraud, waste, and abuse related to U.S. Department of Commerce (including any entity receiving DOC funds) contact www.oig.doc.gov/Pages/Hotline.aspx
If the violation concerns discriminatory environmental and health impacts, contact DOJ Civil Rights at 1-855-856-1247 or https://civilrights.justice.gov/.
If the violation involves public corruption, contact the Federal Bureau of Investigation at https://tips.fbi.gov/.
For more information, please visit www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr
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Justice Department Announces Launch of Puerto Rico and U.S. Virgin Islands Environmental Crimes Task ForceRead the Press Release
The Justice Department today announced the launch of the Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force to investigate and prosecute violations of federal law harming the environment, wildlife and human health, and associated fraud, waste and abuse in the region.
The creation of the task force comes one year after the Justice Department announced its Comprehensive Environmental Justice Enforcement Strategy and the creation of an Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD).
“All communities deserve clean air, clean water, and the robust protection of their natural resources – both, today and for generations to come,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This task force demonstrates the department’s continued commitment to environmental justice and its comprehensive strategy to address significant concerns faced by communities overburdened with pollution.”
“Environmental justice and ensuring that all residents of Puerto Rico enjoy a healthy environment free of hazardous waste and other pollutants is a top priority of the U.S. Attorney’s Office and the Justice Department,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “This Task Force will combine and leverage resources from many federal agencies to aggressively enforce civil and criminal environmental laws.”
“The United States Attorney’s Office, along with our federal and local partners, is committed to enforcing environmental laws. Our goal is to ensure that all our citizens receive protection from environmental and health hazards and equal access to a healthy environment in which to live, learn, play and work,” said U.S. Attorney Delia Smith for the USVI.
The creation of this Task Force builds upon the Justice Department’s environmental justice strategy and brings together federal law enforcement agencies in Puerto Rico and the U.S. Virgin Islands. Those federal agencies will continue to work closely with their local counterparts, including the Puerto Rico Department of Natural Resources, the Puerto Rico Department of Justice, the USVI Department of Planning and Natural Resources, and the USVI Attorney General’s Office.
The task force will include law enforcement personnel from the following agencies:
- Army - Criminal Investigation Division
- Army Corps of Engineers
- Department of Agriculture – Office of Inspector General
- Department of Commerce – Office of Inspector General
- Department of Homeland Security – Homeland Security Investigations
- Department of Transportation – Office of Inspector General
- Environmental Protection Agency – Criminal Investigation Division
- Environmental Protection Agency – Office of Inspector General
- FBI
- Food and Drug Administration – Office of Criminal Investigations
- Housing and Urban Development – Office of Inspector General
- IRS – Criminal Investigation Division
- National Oceanic and Atmospheric Administration – Office of Law Enforcement
- U.S. Coast Guard – Sector San Juan
- U.S. Coast Guard Investigative Service
- U.S. Fish and Wildlife Service
On May 5, 2022, Associate Attorney General Vanita Gupta signed the Comprehensive Environmental Justice Enforcement Strategy. The Strategy provides a roadmap for using the Justice Department’s civil and criminal enforcement authorities and tools. Under the Strategy, the Department seeks to advance environmental justice in underserved communities that have been historically marginalized and overburdened, including low-income communities, communities of color and Tribal and Indigenous communities.
Reporting environmental, public health and safety concerns supports a safe community for all. U.S. Attorney Muldrow and U.S. Smith encourage Puerto Rico and USVI residents to use the following contact information to report violations to federal agencies.
If the violation concerns air quality, health, water, land, waste, chemicals and toxins (e.g. pesticides and lead paint), and/or a cleanup, contact the Environmental Protection Agency at www.epa.gov/report-violation or Denuncie violaciones ambientales | US EPA to report violations.
If the violation concerns fraud, waste and abuse of an EPA program, operation, grant or contract, contact Environmental Protection Agency Office of Inspector General at www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
If the violation concerns an oil or chemical spill, contact the National Response Center at 1-800-424-88022.
If the violation concerns a marine environment, contact the Coast Guard at www.p3tips.com/tipform.aspx?ID=878 and/or Sector San Juan Command Center: 787-729-2041.
If the violation concerns federal marine resources, you should contact the www.fisheries.noaa.gov/topic/enforcement or hotline at 1-800-853-1964.
If the violation concerns harm to wildlife (e.g., pesticide misuse), contact the U.S. Fish and Wildlife Service at 1-800-344-9453 or www.fws.gov/wildlife-crime-tips.
If the violation concerns wetlands or navigable waters, contact your local district branch of the U.S. Army Corps of Engineers at www.saj.usace.army.mil/Missions/Regulatory/Enforcement.
If the violation concerns workplace conditions, such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742 or www.osha.gov/workers/file-complaint.
If the violation concerns housing conditions, contact the Department of Housing & Urban Development – Office of Inspector General (HUD-OIG) at 1-800-347-3735 or www.hudoig.gov/hotline/hotline-form.
If the violation concerns transportation of hazardous materials or a pipeline, contact the Department of Transportation – Office of Inspector General (DOT-OIG) at 1-800-424-9071 or www.oig.dot.gov/fraud-hotline.
If the violation concerns medications, food products, devices, biological products, cosmetics, or other products for human consumption, contact the FDA at 1-800-332-0127 (toll-free) or www.fda.gov/safety/report-problem-fda.
If the violation concerns fraud, waste, and abuse related to U.S. Department of Commerce (including any entity receiving DOC funds) contact www.oig.doc.gov/Pages/Hotline.aspx
If the violation concerns discriminatory environmental and health impacts, contact DOJ Civil Rights at 1-855-856-1247 or civilrights.justice.gov.
If the violation involves public corruption, contact the FBI at tips.fbi.gov.
For more information, please visit www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr.
Grupo de Trabajo Sobre Delitos Ambientales en Puerto Rico y las Islas Vírgenes EstadounidensesRead the Press Release
SAN JUAN, Puerto Rico - El Fiscal Federal para el Distrito de Puerto Rico, W. Stephen Muldrow; la Fiscal Federal para el Distrito de las Islas Vírgenes Estadounidenses (USVI por sus siglas en inglés), Delia Smith; y la Jefa de la Sección de Delitos Ambientales del Departamento de Justicia, Deborah Harris, anunciaron, junto a varios Agentes Especiales A Cargo, la creación de un Grupo de Trabajo (Task Force, en inglés) sobre Delitos Ambientales en Puerto Rico y las USVI para investigar y procesar violaciones a las leyes federales que perjudican el medioambiente, la fauna y la salud humana, así como fraudes, despilfarros y abusos asociados.
El anuncio de hoy destaca aún más el compromiso continuo de cada agencia con la justicia ambiental, un principio que combina los derechos civiles con la protección del medioambiente al examinar si las personas, independientemente de su raza, color, origen nacional o ingresos, reciben un trato justo y participación significativa en el desarrollo, implementación y cumplimiento de las leyes, regulaciones y políticas ambientales.
El 5 de mayo de 2022, el Secretario de Justicia de los EE. UU. anunció medidas para mejorar y avanzar la labor del Departamento de Justicia de los EE. UU. en materia de justicia ambiental (EJ por sus siglas en inglés). Estos esfuerzos incluyen la publicación de la Estrategia Integral de Aplicación de la Justicia Ambiental (Comprehensive Environmental Justice Enforcement Strategy), la creación de la Oficina de Justicia Ambiental (OEJ por sus siglas en inglés) dentro de la División Ambiental y Recursos Naturales (ENRD por sus siglas en inglés) y la implementación de un reglamento final provisional que anula la regulación del Departamento en 28 C.F.R § 50.28 y una política que permite a los componentes del Departamento firmar acuerdos de conciliación que incluyan pagos en circunstancias limitadas a personas o entidades no gubernamentales que no sean parte del litigio subyacente.
La creación de este Equipo de Trabajo se basa en los esfuerzos realizados por el Departamento de Justicia y reúne a las agencias federales de ley y orden en Puerto Rico y las Islas Vírgenes de Estados Unidos. Estas agencias federales seguirán colaborando estrechamente con sus homólogos locales, incluyendo al Departamento de Recursos Naturales de Puerto Rico, el Departamento de Justicia de Puerto Rico, el Departamento de Planificación y Recursos Naturales de las Islas Vírgenes de Estados Unidos y la Departamento de Justicia de las Islas Vírgenes de Estados Unidos.
Agencias de Ley y Orden del Equipo de Trabajo
Ejército de los EE. UU. - División de Investigación Criminal
Cuerpo de Ingenieros del Ejército de los EE. UU.
Departamento de Agricultura - Oficina del Inspector General
Departamento de Comercio - Oficina del Inspector General
Departamento de Seguridad Nacional - Investigaciones de Seguridad Nacional
Departamento de Transportación - Oficina del Inspector General
Agencia de Protección Ambiental - División de Investigación Criminal
Agencia de Protección Ambiental - Oficina del Inspector General
Negociado Federal de Investigaciones
Administración de Alimentos y Medicamentos - Oficina de Investigaciones Criminales
Departamento de Vivienda y Desarrollo Urbano - Oficina del Inspector General
Servicio de Rentas Internas - División de Investigación Criminal
Administración Nacional Oceánica y Atmosférica - Oficina para la Implementación de Leyes
Guarda Costera de los EE. UU. - Sector de San Juan
Servicio Investigativo de la Guardia Costera de los EE. UU.
Servicio Federal de Pesca y Vida Silvestre
“La justicia ambiental y la garantía de que todos los residentes de Puerto Rico disfruten de un ambiente sano y libre de residuos peligrosos y otros contaminantes es una de las principales prioridades de la Fiscalía Federal y del Departamento de Justicia de los EE. UU.”, comentó el Fiscal Federal Muldrow. “Este task force combinará y aprovechará los recursos de muchas agencias federales para hacer cumplir enérgicamente las leyes ambientales civiles y penales”.
“La Fiscalía Federal, junto a nuestros compañeros federales y locales, está comprometida a hacer cumplir las leyes ambientales. Nuestra meta es asegurar que todos los ciudadanos reciban protección de riesgos ambientales y sanitarios e igualdad de acceso a un ambiente sano en el que vivir, aprender, jugar y trabajar”, dijo la Fiscal Federal Delia L. Smith.
¿Qué puedes hacer?
Denunciar los problemas de salud pública, seguridad y ambientales contribuye a una comunidad segura para todos. Los Fiscales Federales Muldrow y Smith animan a los residentes de Puerto Rico y las USVI a utilizar los siguientes contactos para hacer denuncias sobre violaciones a las agencias federales.
Si la violación afecta la calidad de aire, agua, tierra, salud, desechos, limpieza, químicos y toxinas (p. ej. pesticidas y pintura con plomo) contacte la Agencia de Protección Ambiental a través de www.epa.gov/report-violation para hacer un reporte.
Denuncie violaciones ambientales | US EPA
Si la violación se refiere a fraude, despilfarro o abuso de un programa, operativo, subvención o contrato de la EPA, contacte a la Agencia de Protección Ambiental Oficina del Inspector General a través de www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
Si la violación es por derrames de aceite o químicos, contacte al Centro Nacional de Respuesta al 1-800-424-88022.
Si la violación es acerca del ambiente marino, contacte a la Guardia Costera a través de www.p3tips.com/tipform.aspx?ID=878 y/o al Centro de Comando del Sector de San Juan: 787-729-2041.
Si la violación es acerca de recursos marinos federales, haga la denuncia accediendo a www.fisheries.noaa.gov/topic/enforcement o contactar la línea directa at 1-800-853-1964.
Si la violación es acerca de daños a la fauna (p. ej. uso indebido de pesticidas), contacte al Servicio Federal de Pesca y Vida Silvestre al 1-800-344-9453 o a través de www.fws.gov/wildlife-crime-tips.
Si la violación afecta humedales o aguas navegables, contacte las oficinas locales del Cuerpo de Ingenieros de Ejército de los EE.UU. a través de https://www.saj.usace.army.mil/Missions/Regulatory/Enforcement/.
Si la violación es acerca de condiciones del lugar de trabajo, así como químicos o gases nocivos, contacte la Administración de Seguridad y Salud Ocupacional (OSHA por sus siglas en inglés) al 1-800-321-6742 o www.osha.gov/workers/file-complaint
Si la violación es acerca de condiciones de vivienda, contacte a la Oficina del Inspector General del Departamento de Vivienda y Desarrollo Urbano (HUD-OIG por sus siglas en inglés) al 1-800-347-3735 o www.hudoig.gov/hotline/hotline-form
Si la violación es acerca del transporte de materiales peligrosos o de ductos, contacte a la Oficina del Inspector General del Departamento de Transportación (DOT-OIG por sus siglas en inglés) al 1-800-424-9071 o www.oig.dot.gov/fraud-hotline
Si la violación es acerca de medicamentos, productos alimenticios, equipos, productos biológicos, cosméticos u otros productos para consumo humano, contacte a la Administración de Alimentos y Medicamentos (FDA por sus siglas en inglés) al 1-800-332-0127 (gratis) o acceda a https://www.fda.gov/safety/report-problem-fda
Si la violación se refiere a fraude, despilfarro o abuso relacionado al Departamento de Comercio de los EE.UU., (incluso cualquier entidad que reciba fondos del DOC) acceda a www.oig.doc.gov/Pages/Hotline.aspx
Si la violación es acerca de impactos discriminatorios para el ambiente o la salud, contacte a la División de Derechos Civiles del Departamento de Justicia de los EE.UU. at 1-855-856-1247 o https://civilrights.justice.gov/
Si la violación implica corrupción pública, contacte al Negociado Federal de Investigaciones at https://tips.fbi.gov/
Para más información, por favor visite www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr
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Five Individuals Found Guilty of Drug Trafficking, Firearms Violations, and Three MurdersRead the Press Release
SAN JUAN, Puerto Rico – A federal jury convicted Luis Carmona-Bernacet, a.k.a. “Canito Cumbre”; Yadiel Serrano-Canales, a.k.a. “Motombo”; Alan Lugo-Montalvo; Fabiany Almestica-Monge; and Rolando Rivera-Solis today for drug trafficking, firearms violations and three murders, including the murder of banker Maurice Spagnoletti on June 15, 2011.
Convictions:
Luis Carmona-Bernacet, a.k.a. “Canito Cumbre”- guilty of Count one (Conspiracy to Possess with Intent to Distribute Controlled Substances); Count two (Possession of a firearm in furtherance of a drug trafficking crime); Count three (Use of a Firearm During and in Relation to a Crime of Violence Resulting in the Murder of William Castro-Vidot). Defendant was found not guilty of Count four (Use of a Firearm During and in Relation to a Crime of Violence Resulting in the Murder of René Cruz-Cuadrado); Count 5 (Use of a Firearm During and in Relation to a Crime of Violence Resulting in the Murder of Maurice Spagnoletti).
Yadiel Serrano-Canales, a.k.a. “Motombo”- Guilty of Counts 1, 2, and 5.
Alan Lugo-Montalvo- Guilty of Count 1. Not guilty of Count 2.
Fabiany Almestica-Monge- Guilty of Counts 1 and 2.
Rolando Rivera-Solis- Guilty of Counts 1, 2 and 5.
According to court documents and evidence presented at trial, since the year 2000 and continuing up to 2014, in the municipalities of San Juan, Trujillo Alto, Guaynabo, and Bayamón, the defendants were members of an enterprise engaged in murder and drug trafficking.
Four defendants were found guilty of using firearms during and in relation to drug trafficking crimes. One defendant was found guilty with counseling, commanding, inducing and procuring each other to carry a firearm during and in relation to a drug trafficking crime, and in the course of that crime, causing the death of William Castro on December 30, 2002. In regard to the murder of Maurice Spagnoletti, defendants Serrano-Canales and Rivera-Solis aided and abetted each other with counseling, commanding, inducing and procuring each other to carry a firearm during and in relation to a drug trafficking crime, and in the course of that crime, causing the death of Maurice Spagnoletti.
A sixth defendant, Alex Burgos-Amaro is scheduled to begin trial on a later date.
The sentencing hearings are scheduled for August 11, 2023, at 9:00 a.m.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Joseph González, Special Agent in Charge of the FBI made the announcement.
The FBI investigated the case with the assistance of the Puerto Rico Police Bureau.
Assistant U.S. Attorneys Kelly Zenón-Matos, Alberto López-Rocafort, Victor O. Acevedo-Hernández, and Gregory Conner are prosecuting the case.
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Dos Hombres Acusados de Delitos Ambientales Cometidos en la Reserva Nacional de Investigación Estuarina de Bahía de Jobos y en la Comunidad Las Mareas en Salinas, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico - El 10 de mayo de 2023, un gran jurado federal del distrito de Puerto Rico emitió dos pliegos acusatorios, por separado, contra Luis Enrique Rodríguez Sánchez y Pedro Luis Bones Torres por violaciones a la Ley de Agua Limpia (Clean Water Act en inglés) y a la Ley de Ríos y Puertos (Rivers and Harbors Act en inglés), anunciaron W. Stephen Muldrow, Fiscal Federal para el Distrito de Puerto Rico, y Todd Kim, Subsecretario de Justicia y jefe de la División del Medioambiente y Recursos Naturales del Departamento de Justicia de los EE.UU. Los cargos están relacionados a la construcción ilegal y depósito de materiales en los humedales y aguas estadounidenses en el área de la Reserva Nacional de Investigación Estuarina de Bahía de Jobos (la Reserva Estuarina de Jobos) y la comunidad Las Mareas en Salinas, Puerto Rico.
Varias agencias federales participan en esta investigación sobre delitos ambientales en la Reserva Estuarina de Jobos y la comunidad Las Mareas, incluyendo la División de Investigación Criminal de la Agencia de Protección Ambiental (EPA-CID por sus siglas en inglés), el Negociado Federal de Investigaciones (FBI), la División de Investigación Criminal del Departamento del Ejército de los EE.UU. (Army-CID por sus siglas en inglés), la Oficina del Inspector General del Departamento de Comercio de los EE.UU. (DOC-OIG por sus siglas en inglés), la Oficina para la Implementación de Leyes de la Administración Nacional Oceánica y Atmosférica (NOAA-OLE por sus siglas en inglés) y la Oficina para la Implementación de Leyes del Servicio Federal de Pesca y Vida Silvestre (FW-OLE por sus siglas en inglés).
Las acusaciones establecen que, desde aproximadamente enero del 2020 hasta octubre del 2022, Luis Enrique Rodríguez Sánchez (Rodríguez Sánchez) y Pedro Luis Bones Torres (Bones Torres) virtieron, a sabiendas, material de relleno de maquinaria de excavación en humedales y aguas estadounidenses en violación a la Ley de Agua Limpia. Además, se acusó a Rodríguez Sánchez y Bones Torres de construir estructuras dentro de aguas navegables estadounidenses sin autorización del Secretario del Ejército, en violación a la Ley de Ríos y Puertos.
La Ley de Agua Limpia fue aprobada por el Congreso en 1972 para proteger y mantener la integridad de las aguas de Estados Unidos. El próposito principal de la Ley de Agua Limpia es asegurar la restauración y mantenimiento de la integridad química, física y biológica de las aguas del país. La ley prohíbe la descarga de cualquier contaminante o material de relleno en aguas estadounidenses, excepto cuando se obtenga un permiso de los Estados Unidos.
La Ley de Ríos y Puertos fue aprobada originalmente en 1899 y generalmente se considera la ley ambiental más antigua de los Estados Unidos. Sirve para regular y proteger las aguas navegables estadounidenses y prohibir la construcción no autorizada de estructuras en esas aguas.
Tanto la Ley de Agua Limpia como la Ley de Ríos y Puertos protegen las aguas costeras de la Reserva Estuarina de Jobos.
La Reserva Estuarina de Jobos fue nombrada reserva nacional de investigación estuarina por la Administración Nacional Oceánica y Atmosférica (NOAA) en el 1981 y consta de aproximadamente 2,800 acres de ecosistema costero en en litoral meriodional de Puerto Rico. La Reserva Estuarina de Jobos contiene islas y bosques de manglares, humedales mareales, arrecifes de coral, lagunas, salinas, bosques secos y praderas marinas. También es hogar del pelícano pardo, el halcón peregrino, la tortuga carey y el manatí antillano, especies en peligro de extinción. La Reserva Estuarina de Jobos es propiedad del Departamento de Recursos Naturales y Ambientales de Puerto Rico (DRNA) y es operado por éste.
Ambos, Rodríguez Sánchez y Bones Torres, fueron arrestados, y está previsto que comparezcan hoy ante el Juez Magistrado Marshal D. Morgan del Tribunal de Distrito de los EE.UU. del Distrito de Puerto Rico para sus respectivas vistas iniciales. Si son declarados culpables, los acusados enfrentarán hasta un total de cuatro años de cárcel, multas y medidas cautelares para eliminar las estructuras ilegales.
“Estos casos demuestran nuestro compromiso para proteger los ecosistemas de los humedales, el cual tiene muchos beneficios públicos y ambientales”, comentó Todd Kim, Subsecretario de Justicia y jefe de la División del Medioambiente y Recursos Naturales del Departamento de Justicia de los EE.UU. “Los humedales costeros protegen a las comunidades de las marejadas ciclónicas y los huracanes, protegen a las especies vulnerables de la explotación, estabilizan los estuarios y proveen una filtración natural del agua que mejora su calidad”.
“La Fiscalía Federal está comprometida en hacer cumplir las leyes federales de protección ambiental y responsabilizar a los infractores de los daños causados. Estas leyes protegen a los animales, los recursos y los hábitats en Puerto Rico, la Reserva Nacional de Investigación Estuarina de Bahía de Jobos y la comunidad Las Mareas. La contaminación, el relleno y la construcción no autorizada dentro de las aguas protegidas de los Estados Unidos también plantean problemas de inundaciones y mitigación de huracanes para las comunidades aledañas. Por lo tanto, son una prioridad para el cumplimiento de las leyes ambientales federales”, expresó W. Stephen Muldrow, Fiscal Federal para el Distrito de Puerto Rico.
“Los humedales costeros de Puerto Rico son un recurso importante, ya que proveen un hábitat para numerosas especies en peligro de extinción y sirven de amortiguador natural contra los efectos de los huracanes y las inundaciones, fenómenos que van en aumento con el cambio climático”, mencionó el Agente Especial a Cargo Tyler Amon de la División de Investigación Criminal de la Agencia de Protección Ambiental de los EE. UU. “Los hábitats costeros de Puerto Rico han sido habitualmente explotados y maltratados por desarrolladores y arrendatarios ilegales, pero las acusaciones de hoy demuestran que la EPA y nuestros compañeros federales del orden público están trabajando activamente para detener estas actividades ilegales y proteger estas zonas para las generaciones futuras”.
“La conservación y protección del mundo que todos compartimos es nuestra responsabilidad colectiva e individual. Lo que ven hoy es el resultado de esa responsabilidad colectiva que ha sido tomada en serio por quienes estamos llamados a servir y proteger”, dijo Joseph González, Agente Especial a Cargo de la Oficina del FBI en San Juan. “Nuestro compromiso en el FBI es investigar y reducir al máximo las amenazas a nuestra seguridad pública y nacional, y estamos plenamente comprometidos con nuestros compañeros locales y federales para que así sea. Dondequiera que se lleven a cabo violaciones a las leyes federales, espere ver al FBI trabajando mano a mano con nuestros compañeros. El mensaje debe ser claro: se aplicarán las leyes de protección ambientales y los infractores deberían esperar las consecuencias”.
“Las acciones de hoy son una clara señal que la Oficina del Inspector General del Departamento de Comercio (DOC-OIG) está dedicada a la investigación de posibles fraudes, despilfarros y abusos en proyectos que reciben fondos de la NOAA. La DOC-OIG aprecia grandemente los esfuerzos de cooperación entre nuestros compañeros fiscales y policiales en la aplicación de las leyes que protegen el ambiente y la belleza natural de Puerto Rico”, comentó Jeffrey Lysaght, Agente Especial a Cargo de la Oficina del Inspector General del Departamento de Comercio de los EE.UU.
El Agente Especial a Cargo de la Oficina para la Implementación de Leyes del Servicio Federal de Pesca y Vida Silvestre del Sudeste, Stephen Clark, declaró que, “Continuamos trabajando con nuestros compañeros en proteger los ecosistemas frágiles que sirven de hogar para las especies silvestres autóctonas y seguiremos llevando ante la justicia a quienes pretenden explotar estos recursos con total desprecio de las consecuencias que trae para el pueblo y los recursos naturales de Puerto Rico”.
“Estamos dedicados a hacer cumplir las leyes que conservan y protegen los recursos marinos de nuestra nación y su hábitat natural”, dijo Manny Antonaras, Director Auxiliar de la Oficina para la Implementación de Leyes, División Sureste de la NOAA. “Este caso resalta la importancia de nuestra colaboración continua con los compañeros del orden público para exigir responsabilidades a quienes infringen las normas.”
“Estamos muy satisfechos con el anuncio de hoy”, declaró el Agente Especial a Cargo L. Scott Moreland de la División de Investigación Criminal de la Oficina de Investigación de Malversación de Adquisiciones del Departamento del Ejército de los EE. UU. “Esto es un verdadero testamento de nuestro compromiso continuo de colaborar estrechamente con nuestros compañeros de las demás agencias para investigar las violaciones a las leyes federales.”
El caso está siendo procesado por el Fiscal Federal Sénior Patrick M. Duggan de la Sección de Delitos Ambientales del Departamento de Justicia de los EE. UU. y el Fiscal Federal Auxiliar Seth A. Erbe, coordinador de litigios ambientales de la Fiscalía Federal para el Distrito de Puerto Rico.
Estas acusaciones son parte de una investigación en curso. Si usted tiene alguna información relacionada a esta investigación o a delitos ambientales locales, por favor contacte a los oficiales del órden público. Usted puede hacerlo de manera anónima si lo desea. Para contactar a la EPA, llame al (787) 977-5821 o visite la página web https://echo.epa.gov/denuncie-violaciones-ambientales. Para contactar al FBI, llame al (787) 987-6500 o visite la página web https://tips.fbi.gov/.
Para más información acerca de la Reserva Nacional de Investigación Estuarina de Bahía de Jobos, visite la página web https://www.drna.pr.gov/jbnerr/ o https://coast.noaa.gov/nerrs/reserves/jobos-bay.html.
Una acusación no es más que una alegación, y todos los acusados se presumen inocentes hasta que se demuestro su culpabilidad más allá de duda razonable ante un tribunal.
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The United States Attorney for Puerto Rico, FBI San Juan, and HHS-OIG Announce Redoubling and Focus of Investigative Efforts to Detect and Deter Fraud, Waste, and Abuse of Medicare FundsRead the Press Release
SAN JUAN, Puerto Rico – The United States Attorney for the District of Puerto Rico, W. Stephen Muldrow, the Special Agent in Charge (SAC) of the San Juan Office of the Federal Bureau of Investigation (FBI), Joseph González, and the Assistant Special Agent in Charge (ASAC) of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), José Luis Soto, are redoubling efforts and focus to investigate, detect, and deter Medicare fraud.
According to estimates from the National Health Care Anti-Fraud Association, Medicare fraud costs taxpayers over $100 billion a year in a wide range of fraud schemes that involve beneficiaries, health care providers, and organizations operating Medicare Advantage (Medicare Part C) plans. All Medicare beneficiaries in Puerto Rico, as well as the doctors and other healthcare providers who serve those beneficiaries, deserve an affordable, effective, efficient, and transparent health care system.
“Typical fraud schemes committed in the health care area include cases where healthcare providers bill for services not actually provided or lie about and inflate the nature of the actual services rendered (known as “upcoding”). However, together with our law enforcement partners, our investigative and prosecutorial focus will continue to look to any fraudulent activities occurring within organizations managing Medicare Advantage programs, including payments of illegal incentives and the submission of false information related to patient risk assessments,” said United States Attorney Muldrow.
“Healthcare is a basic need and improper use of healthcare systems can turn this basic necessity into a luxury,” said Special Agent in Charge of the FBI San Juan Field Office, Joseph González. “The FBI will not stand by while this type of abuse is taking place. We ask that anyone who believes they have been a victim or witness to a healthcare fraud scheme to report it by calling the FBI San Juan number 787-987-6500 or leave a tip online through tips.FBI.gov. The people can rest assured that we will follow each lead and investigate each case to its ultimate consequence.”
ASAC José Luis Soto of the HHS-OIG Puerto Rico Field Office said, “HHS-OIG will continue to investigate any conduct by Medicare Advantage plans that may result in violation of federal law and will work jointly with our law enforcement partners to ensure that entities that execute business with federal health care programs do so in an honest manner.”
What can you do?
Please contact the FBI and HHS-OIG hotlines below to provide information and leads of any fraud scheme concerning Medicare funds. Such fraud schemes include but are not limited to: billing for services that are not provided, billing for more expensive services than were actually provided, also known as “upcoding”, fraudulent attempts to tamper with patient risk factors or providing incentives to undergo medical testing or procedures that are not medically necessary.
Hotline Contacts:
HHS-OIG Email: [email protected]
HHS-OIG Telephone: 787-758-3752
FBI tips online: tips.FBI.gov
FBI Telephone: 787-987-6500
Public media complaints:
https://m.facebook.com/wkaq580/videos/898068291246958/
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HSI Investigation Leads to Indictment of Chinese National Circumventing Antidumping and Countervailing Duties in Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On April 26, 2023 a federal Grand Jury in the District of Puerto Rico returned an indictment charging Shuyi Mo, a citizen and resident of the People’s Republic of China (PRC), with thirty-one counts of wire fraud in violation of 18 U.S.C. § 1343, one count of a wire fraud conspiracy in violation of 18 U.S.C. § 1349, and one count of conspiracy to defraud the United States in violation of 18 U.S.C. § 371.
Mo was arrested on Saturday April 29, 2023, by HSI San Juan in coordination with HSI San Francisco as he awaited to board a flight to the PRC via the San Francisco International Airport.
An investigation by Homeland Security Investigations (HSI) San Juan Global Trade Investigations Group (GTIG), in collaboration with US Customs and Border Protection (CBP), revealed an illegal transshipment scheme of merchandise from the PRC to Puerto Rico via Malaysia.
According to the indictment, Shuyi Mo is the manager of PRC-based supplier Neviews Development Co. LTD (NEVIEWS) who conspired with a US importer based in Puerto Rico to transship porcelain mosaic tiles from PRC through Malaysia to circumvent anti-dumping and countervailing duties of approximately 718%.
“Companies that import products made abroad must comply with the law, including paying the import duties that protect domestic manufacturers and producers from unfair competition,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The U. S. Attorney’s Office is committed to enforcing the law against those who fail to pay the government money it is owed, just as it will enforce the law against those who falsely claim government funds.”
“The misclassification of merchandise to pay lower duties to the United States Government is a duty evasion violation that will not go unpunished. One of our main missions in HSI is to protect U.S. businesses from fraudulent trade practices. We will continue our collaboration with customs and trade authorities to expose these illegal practices and bring those who engage in these practices to justice,” said Acting Special Agent in Charge Rebecca González-Ramos.
“CBP remains vigilant on products produced in certain countries and are transshipped through third countries to evade detection and elude duties,” stated Roberto Vaquero, Director of San Juan Field Operations. “CBP has a long history of innovation and technology to support a growing trade enforcement mission and has been successful with origin determinations in the past, whether it be through DNA analysis, pollen analysis, or other means.”
Assistant United States Attorney Alexander Alum of the Financial Fraud & Public Corruption Section of the United States Attorney’s Office for the District of Puerto Rico is prosecuting this case.
If you have information on potential customs fraud violations, please contact Homeland Security Investigations at 787-729-6969.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
About Homeland Security Investigations (HSI)
HSI is the principal investigative arm of the U.S. Department of Homeland Security (DHS), responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. HSI's workforce of more than 8,700 employees is comprised of more than 6,000 special agents stationed in 237 U.S. cities and 93 overseas locations in 56 countries. HSI's international presence represents the largest DHS investigative law enforcement presence overseas and one of the largest in U.S. law enforcement.
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Salinas Man Indicted and Arrested for Child ExploitationRead the Press Release
SAN JUAN, Puerto Rico – On April 20, 2023, a federal grand jury returned an indictment charging Alexander Joel Rivera-Santos, 25, of Salinas, Puerto Rico, with possession and transportation of child sexual abuse material, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. The arrest follows an investigation by Homeland Security Investigations (HSI) with the assistance of the Puerto Rico Police Bureau (PRPB) and the U.S. Attorney’s Office for the District of Puerto Rico.
According to the indictment, from May 2021 through June 2022, Rivera-Santos knowingly possessed images of child pornography, including child pornography of a minor who had not attained 12 years of age, in violation of 18 U.S.C. § 2252A. As such, Rivera-Santos faces a mandatory minimum sentence of 5 years and a maximum of 20 years of imprisonment, if convicted.
“The U.S. Attorney’s Office will continue to work with its law enforcement partners to aggressively investigate and prosecute persons who use technology to victimize children who are victims of child exploitation crimes,” said U.S. Attorney Muldrow.
“Our HSI San Juan agents are collaborating relentlessly with agents from all over the nation to identify and prosecute with solid evidence all those who have the intent to damage the innocence of our children. They can try to hide in chat rooms or cyber spaces, but rest assured, we will find them,” said Rebecca C. González, Acting Special Agent in Charge of HSI San Juan.
Rivera-Santos had his initial appearance before U.S. Magistrate Judge Marcos López and was ordered to remain temporarily detained at the Guaynabo Metropolitan Detention Center pending further proceedings.
Assistant United States Attorney Emelina Agrait-Barreto, of the Child Exploitation and Immigration Unit, is in charge of the prosecution of this case.
HSI is the principal investigative arm of DHS and a vital U.S. asset in combatting transnational crimes and threats. One of HSI’s top priorities is to protect the public from crimes of victimization, and HSI’s child exploitation investigations program is a central component of this mission. HSI is recognized as a global leader in this investigative discipline, and is committed to utilizing its vast authorities, international footprint and strong government and non-government partnerships to identify and rescue child victims, identify and apprehend offenders, prevent transnational child sexual abuse and help make the internet a safer place for children.
For more information about HSI’s efforts to protect children from online sexual abuse, visit https://www.ice.gov/topics/iGuardians.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Individuals Sentenced to Lengthy Prison Terms for Child ExploitationRead the Press Release
SAN JUAN, Puerto Rico – U.S. District Court Chief Judge Raúl Arias-Marxuach sentenced José Luis González Rivera to 292 months (24 years and four months) in prison and 10 years of supervised release for production of child pornography and transportation of a minor with the intent to engage in sexual activity.
According to court documents, from March 2019 through March 2020, José Luis González Rivera knowingly employed, used, induced, and coerced a female minor when she was between the age of 14 to 16 years old to engage in sexually explicit conduct for the purpose of producing videos and still images using a cell phone with camera capabilities, which was manufactured outside of Puerto Rico. Also, the defendant transported the female minor victim to a motel with the intent to engage in sexual activity and to produce sexually explicit images.
Homeland Security Investigations (HSI) Task Force agents in Ponce, Puerto Rico, investigated the case.
In a separate case, U.S. District Court Judge Pedro A. Delgado sentenced Luis Márquez Díaz to 204 months (17 years) in prison and seven years of supervised release for production of child exploitation material and possession of child exploitation material.
According to court documents, defendant Márquez Díaz communicated via social media with at least two female minors in a sexually explicit manner, sent them sexually explicit images and requested that the minors send him sexually explicit images.
A forensic review of the electronic devices seized from defendant Márquez Díaz revealed more than 600 images, both still images and videos, of child pornography, to include sexually explicit images of minors under the age of twelve and images depicting sadistic and masochistic abuse of minors and toddlers. The FBI investigated this matter.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico, HSI Acting Special Agent in Charge Rebecca González, and FBI Special Agent in Charge Joseph González made the announcements.
Assistant United States Attorney Jenifer Hernández, Chief of the Child Exploitation and Immigration Unit and Project Safe Childhood Coordinator, prosecuted the cases.
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Former Police Officer Pleads Guilty to Theft of Firearms from Police Weapons Vault and Tampering with Multiple WitnessesRead the Press Release
SAN JUAN, Puerto Rico – Former police officer William Cintrón-Rivera, a.k.a. “El Kid/Kid” pleaded guilty to the theft of 54 guns and thousands of rounds of ammunition from the Puerto Rico Police Bureau, Guayama headquarters on July 17, 2019. On January 20, 2021, a federal grand jury charged the defendant with multiple counts of firearms violations and tampering with witnesses.
According to court documents, on July 17, 2019, in the District of Puerto Rico, defendant Cintrón-Rivera stole 54 firearms from the Puerto Rico Police Bureau (PRPB), Guayama headquarters. At the time of the theft, defendant Cintrón-Rivera was a police officer in the PRPB. In addition, the defendant was charged with the possession of six of the stolen firearms and thousands of rounds of ammunition.
The investigation revealed that Cintrón-Rivera attempted to intimidate and corruptly persuade two individuals to provide false information to federal investigators relevant to the theft, such as Cintrón-Rivera’s whereabouts on the night of the crime. Cintrón-Rivera also attempted to intimidate and corruptly persuade a female to provide false information to federal investigators regarding (a) the nature and duration of their relationship; (b) Cintrón-Rivera’s whereabouts during the timeframe of the theft; (c) the identity of an alleged informant; and (d) communications involving Cintrón-Rivera and her, including payment for an alleged cell phone.
Cintrón-Rivera is scheduled to be sentenced on August 2, 2023. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Christopher Robinson, Special Agent in Charge for ATF, made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Puerto Rico Police Bureau are investigating the case.
Assistant U.S. Attorney Luis A. Valentin and Jonathan L. Gottfried, Chief of the Violent Crimes and National Security Section, were in charge of the prosecution of the case.
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Former Federal Correctional Officer Pleads Guilty to Federal Civil Rights ChargeRead the Press Release
SAN JUAN, Puerto Rico – Former Bureau of Prisons Officer Emilio Rodríguez-Arroyo pleaded guilty today to one count of Deprivation of Rights Under Color of Law for using excessive force by striking an inmate whose hands were handcuffed behind his back and who was not resisting, resulting in bodily injury, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to court documents and information presented in court, on November 8, 2021, Rodríguez-Arroyo, a correctional officer at the Metropolitan Detention Center (MDC) in Guaynabo, Puerto Rico deprived victim E.R.R. of his Eighth Amendment right to be free from cruel and unusual punishment when the defendant struck E.R.R. in the head and face area shortly after having deployed oleoresin capsicum (OC) spray (also known as “pepper spray”) onto that area, and while E.R.R. was handcuffed behind his back, surrounded and controlled by other officers, and not resisting.
The defendant’s sentencing is scheduled for July 17, 2023, before U.S. District Judge Silvia Carreño-Coll of the U.S. District Court for the District of Puerto Rico.
The case was investigated by the FBI and the Department of Justice Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Alexander Alum and Trial Attorney Eric Peffley of the United States Department of Justice, Civil Rights Division.
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San Juan Man Indicted and Arrested for Coercion and Enticement of a MinorRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury returned an indictment charging Samuel Vega-Rodríguez, 42, of San Juan, Puerto Rico, with coercion and enticement of a minor and attempted production of child pornography, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. The arrest follows an investigation by Homeland Security Investigations (HSI) with the assistance of the Puerto Rico Police Bureau (PRPB) and the U.S. Attorney’s Office for the District of Puerto Rico.
According to the indictment, from May to September 2022, Samuel Vega-Rodríguez knowingly persuaded, induced, enticed, and coerced a 13-year-old female minor to engage in sexual activity. The man was arrested at his residence without incident on April 6.
According to court documents, the defendant began conversations via social media with the minor victim. In said conversations, the defendants talked about sex and asked for naked photos and videos of the minor victim. In May 2022, the defendant and the minor agreed to meet for a sexual encounter. When the minor victim saw Vega-Hernández and realized that the defendant was older than the male depicted in his social media accounts, the female minor left the meeting point running, after she punched him and kicked him when he attempted to stop her from leaving.
“We want to remind the community that the U.S. Attorney’s Office along with our federal, state and local partners, are committed to protecting children from these types of criminals,” said U.S. Attorney Muldrow. “If you are a victim or know of another victim of this individual, please come forward; contact the authorities so we can protect you and others from these crimes.”
“The Puerto Rico Crimes Against Children Task Force, led by HSI brings together local, state and federal law enforcement agencies with the common goal of investigating and arresting individuals that prey on our children,” said Rebecca C. González, Acting Special Agent in Charge of HSI San Juan.
Today, Vega-Rodríguez had his arraignment and bail hearing before U.S. Magistrate Judge Giselle López-Soler and was ordered to remain at the Guaynabo Metropolitan Detention Center awaiting the outcome of his case.
If convicted, Vega-Rodríguez faces a mandatory minimum penalty of 10 years up to life for the coercion and enticement charge, and a minimum of 15 years up to 30 years in prison for the production of child exploitation material charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney Daynelle Álvarez-Lora, of the Child Exploitation and Immigration Unit, is in charge of the prosecution of this case.
HSI is the principal investigative arm of DHS and a vital U.S. asset in combatting transnational crimes and threats. One of HSI’s top priorities is to protect the public from crimes of victimization, and HSI’s child exploitation investigations program is a central component of this mission. HSI is recognized as a global leader in this investigative discipline, and is committed to utilizing its vast authorities, international footprint and strong government and non-government partnerships to identify and rescue child victims, identify and apprehend offenders, prevent transnational child sexual abuse and help make the internet a safer place for children.
For more information about HSI’s efforts to protect children from online sexual abuse, visit https://www.ice.gov/topics/iGuardians.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Walter Pierluisi Isern, Eduardo Pierluisi Isern, and American Management and Administration Corporation Pleaded Guilty to Federal Program Theft in Excess of $3.7 Million and Agreed to a Restitution Order for All Illegal ProceedsRead the Press Release
SAN JUAN, Puerto Rico –Walter Pierluisi Isern, Eduardo Pierluisi Isern, and American Management and Administration Corporation (AMAC) pleaded guilty today to one count of Theft of Federal Program Funds in relation to the misappropriation of operational funds provided by the United States Department of Housing and Urban Development (HUD) for the administration of public housing projects (PHPs) in Puerto Rico.
According to court documents, the defendants admitted to knowingly and intentionally stealing money from HUD federal assistance programs from 2014 to August 2022 for their own use and the use of others. The total amount of theft was approximately $3,712,000.00.
Given its fiduciary responsibility to manage millions in HUD funds and to operate over 5,000 housing units in 12 municipalities, AMAC was specifically prohibited from contracting with any company affiliated to AMAC or its officers. Walter Pierluisi Isern was the president and Eduardo Pierluisi Isern supervised the repair and maintenance work at the PHPs for AMAC during the duration of the fraudulent scheme.
The defendants admitted in their plea agreements that despite AMAC’s fiduciary obligations, Walter Pierluisi Isern and Eduardo Pierluisi Isern used their executive positions within AMAC to operate a fraudulent schemed designed to circumvent that prohibition. In furtherance of that scheme, they illegally caused operational funds from the federal assistance programs to be routed via corporations and subcontractors that they controlled, all to personally enrich themselves. The defendants further admitted that they caused AMCA to submit false certifications to HUD assuring that no conflict of interest existed between AMAC and the companies hired to provide operational services in violation of federal law.
As detailed in the proceedings, Walter Pierluisi Isern created contracts for FiveStar Pest Control, Inc. (FiveStar) and CoolBreeze Air Conditioning, Inc. (CoolBreeze) to provide services to PHPs under AMAC’s management. He then caused multiple payments to be made by FiveStar and CoolBreeze to funnel money to Docu‑Wharehouse, Pier Property, and XY Enterprises, subcontractors which were controlled and owned by Walter Pierluisi Isern. Through this scheme, Walter Pierluisi Isern illegally obtained approximately $2,035,498.86 in HUD funding that was earmarked for PHP operational expenses.
The admissions included the recognition that Eduardo Pierluisi Isern caused checks from FiveStar and CoolBreez to be issued to the names of others, which he then cashed and deposited into his personal bank account for his personal use and benefit. Through this scheme, Eduardo Pierluisi Isern illegally obtained approximately $363,202.28 in HUD funding that was earmarked for PHP operational expenses.
AMAC, through its executives and officials, admitted to illegally diverting a total of $3,712,000 in HUD funding that was earmarked for PHP operational expenses.
The defendants have agreed to the entry of a restitution order in the favor of the United States in the amount of $3,712,000, equivalent to the amount of federal funds illegally obtained through the fraudulent scheme. The agreement to this restitution award is in addition to an agreement that the United States may also recommend a term of imprisonment as punishment for these crimes for Walter Pierluisi Isern and Eduardo Pierluisi Isern, which term of imprisonment shall be decided by the presiding judge at sentencing.
“As today’s convictions demonstrate, those who attempt to defraud the U.S. government will be held accountable,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The defendants and their company harmed the integrity of a program designed to help underprivileged homeowners. Today’s plea agreement sends a clear message that any time U.S. dollars are misused and regardless of who steals taxpayer moneys, we will work tirelessly to pursue justice.”
“HUD programs are vital to the well-being of many low-income families in our communities and provide critical resources for those who need them the most,” said HUD OIG Special Agent in Charge, Jerome Winkle. “HUD OIG is committed to working with Federal prosecutors and law enforcement partners to aggressively pursue those who engage in activities that threaten the integrity of HUD programs.”
“Our call to action remains the same and we will investigate every allegation of public corruption to its last consequences,” said Special Agent in Charge of the FBI for Puerto Rico and the USVI, Joseph González. “I want to make clear we are not on any political side. The FBI is on the American people’s side and on the Constitution’s side. We will continue to work these cases, as we always have.”
The defendants are scheduled to be sentenced on July 11 and face a maximum sentence of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The United States Department of Housing and Urban Development Office of Inspector General investigated this case with the assistance of the Federal Bureau of Investigation.
Assistant U.S. Attorney Marie Christine Amy is prosecuting the case.
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14 Individuals Charged in Drug Trafficking Money Laundering ConspiracyRead the Press Release
SAN JUAN, Puerto Rico – On March 10, 2023, a federal grand jury in the District of Puerto Rico returned a 62-count indictment charging 14 individuals with money laundering and narcotics offenses.
According to court documents, beginning no later than March 2020, the defendants conspired and agreed with each other to conduct over $5 million in financial transactions involving proceeds from drug trafficking. They used the U.S. financial system to conceal proceeds from dealing with controlled substances and transferred those illicit proceeds from places within the United States including Puerto Rico, to places outside the United States, including the Republic of Colombia.
Counts 2 to 52 of the indictment detail 51 financial transactions ranging from $16,036.90 to $1,109,960 involving proceeds from drug trafficking. Counts 53 to 59 charge defendant Carlos Javier Ruiz-Patiño, a/k/a “Hustler Man/Jordan/El Chamo”, of international concealment money laundering. It is alleged that the defendant transferred or transported a total of $964,944.35 from Puerto Rico to Colombia and Canada. Counts 60 to 62 include Narcotics Importation Conspiracy, aiding and abetting, and Narcotics Conspiracy.
Defendant Carlos Javier Ruiz-Patiño is an Organized Crime Drug Enforcement Task Force (OCDETF) Regional Priority Organizational Target (RPOT). The RPOT List includes leaders of significant drug trafficking and money laundering organizations that are primarily responsible for a region’s drug threat. Ruiz-Patiño was arrested on March 9, 2023. The defendants arrested today are: Roberto Brioso-Canario, David Luis Zapata-Félix, Walter Alexis Daynes-Torres, and Jesús Alberto Oriol-Cabán. Defendants Guillermo Andrés Beltrán-Osorio, Enmanuel Matos-Matos, Edgardo Delgado-Carmona, Rafael Cruz-Montalvo, Edgar Omar Báez-Vargas, and Franky Pagán-Mendoza were previously arrested. Authorities are actively working on the arrest of three other defendants who are charged in the conspiracy.
The indictment includes a forfeiture notice regarding the following property:
- One Cessna Model 310Q Aircraft, PT-JST, its flight and maintenance logs and manuals, together with associated tools and spare parts seized on November 11, 2022
- $139,940 in U.S. currency seized on June 5, 2020
- $179,900 in U.S. currency seized on September 10, 2020
- $1,000,130 in U.S. currency seized on September 30, 2020
- $1,009,960 in U.S. currency seized on March 7, 2022
- $102,461 in U.S. currency seized on October 19,2022
“The U.S. Attorney’s Office is committed to disrupting and dismantling transnational criminal organizations that distribute contraband, launder illicit proceeds, and attempt to corrupt our society,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “I would like to recognize the extraordinary efforts of our federal law enforcement partners for taking down a criminal organization that laundered drug proceeds for drug cartels. Drug traffickers and money launderers operate globally, but this investigation demonstrates that they will be brought to justice wherever they are found.”
“It’s my privilege to recognize the efforts performed by agents from the DEA and our partner agencies in our crusade to rid the public of these dangerous individuals that do nothing but harm our society,” said Denise Foster, Special Agent in Charge of DEA, Caribbean Division. “From Drug Traffickers to money launderers, the DEA will bring all it has to bear to make our communities safer and healthier, and to reverse the devastating trends of drug-related violence and overdoses plaguing our Communities.”
If convicted of the charged money laundering offenses, the defendants face a maximum term of 20 years in prison. If convicted of the charged narcotics offenses, the defendants face a mandatory minimum term of 10 years and up to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Drug Enforcement Administration (DEA) is in charge of the investigation of the case with the collaboration of FBI, HSI, IRS, and the Puerto Rico Police Bureau.
Assistant U.S. Attorney Daniel J. Olinghouse of the Asset Recovery and Money Laundering Division of the U.S. Attorney’s Office for the District of Puerto Rico is leading the prosecution of this OCDETF matter. The announcement was made by United States Attorney W. Stephen Muldrow and DEA Special Agent in Charge Denise Foster.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Puerto Rico Mayor Pleads Guilty to Bribery SchemeRead the Press Release
A former mayor of Humacao, Puerto Rico, pleaded guilty today to engaging in a bribery scheme in which he received cash payments for awarding municipal contracts to two companies.
According to court documents, from January to July 2021, Reinaldo Vargas-Rodríguez, 49, was involved in a bribery conspiracy in which he accepted thousands of dollars in cash bribes from the owner of a construction company and the owner of a trash collection company. In exchange, Vargas-Rodríguez agreed to secure contracts for both companies.
Vargas-Rodríguez pleaded guilty to one count of conspiracy to solicit and accept bribes. He is scheduled to be sentenced on July 14 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Trial Attorney Nicholas Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Seth Erbe for the District of Puerto Rico are prosecuting the case. Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Scott H. Anderson for the District of Puerto Rico assisted in the investigation.
This case is part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matter, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the district for soliciting and accepting bribes related to municipal contracts.
Former Puerto Rico Mayor Pleads Guilty to Bribery SchemeRead the Press Release
A former mayor of Humacao, Puerto Rico, pleaded guilty today to engaging in a bribery scheme in which he received cash payments for awarding municipal contracts to two companies.
According to court documents, from January to July 2021, Reinaldo Vargas-Rodriguez, 49, was involved in a bribery conspiracy in which he accepted thousands of dollars in cash bribes from the owner of a construction company and the owner of a trash collection company. In exchange, Vargas-Rodriguez agreed to secure contracts for both companies.
Vargas-Rodriguez pleaded guilty to one count of conspiracy to solicit and accept bribes. He is scheduled to be sentenced on July 14 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Trial Attorney Nicholas Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Seth Erbe for the District of Puerto Rico are prosecuting the case. Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Scott H. Anderson for the District of Puerto Rico assisted in the investigation.
This case is part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matter, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the district for soliciting and accepting bribes related to municipal contracts.
63 Individuals Charged with Drug Trafficking in the municipality of San Germán, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On April 3, 2023, a federal grand jury in the District of Puerto Rico returned a six-count indictment charging 63 individuals with drug trafficking in the municipality of San Germán, Puerto Rico. The Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), United States Postal Inspection Service (USPIS), and the Puerto Rico Police Bureau (PRPB) Mayagüez Strike Force are in charge of the investigation and completed the filing of charges and arresting processes with the collaboration of the Drug Enforcement Administration (DEA), the United States Marshals Service (USMS), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Customs and Border Protection, Border Patrol Tactical Unit (BORTAC). This investigation and the arrest operation are part of the Organized Crime Drug Enforcement Task Force (OCDETF) program.
“This case is a prime example of successful drug interdiction operations that result from collaborative work between federal and state agencies,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “We can remove wrongdoers from the streets and bring stability and peace to our communities when we jointly apply our resources, personnel, and operational expertise to bear against extensive organized crime networks.”
The indictment alleges that from 2015 through April 3, 2023, the defendants were members of a drug trafficking organization that distributed heroin, cocaine base (commonly known as “crack”), cocaine, marihuana, Fentanyl, Oxycodone (Percocet), and Alprazolam (Xanax) in the Manuel F. Rossy and El Recreo Public Housing Projects in San Germán, Puerto Rico (PHPs), and areas nearby for significant financial gain and profit. Court documents allege that the defendants acted in different roles to further the goals of the drug trafficking conspiracy, including acting as leaders, enforcers, runners, sellers, and facilitators.
The government also claimed that the co-conspirators conducted drug trafficking transactions at the basketball court of the PHPs in the presence of minors and used multiple vehicles to transport money, narcotics, and firearms. The acts alleged to have been performed in furtherance of the conspiracy included the delivery of heroin, cocaine, crack, marihuana, and prescription pills to clients. According to the indictment, some of the defendants also mixed the fentanyl into the heroin sold at the drug points.
The charged conduct included the use of force, violence, and intimidation to maintain control of the drug trafficking operations and intimidate rival gangs. Accordingly, eight defendants were also charged with possession of firearms in furtherance of a drug trafficking crime.
The defendants are:
[1] Orlando Medina-Pérez, a/k/a “Orlan”
[2] Julio Cesar Santiago-Calvani, a/k/a “Yuca”
[3] Raymond Omar Alameda-Ramos, a/k/a “Pipita/Reymon”
[4] Luis Enrique Ramos-Feliciano, a/k/a “Luigui”
[5] José Pagán-Casiano, a/k/a “Pito Cancio”
[6] Carlos Claudio-Aquino, a/k/a “Carly Bemba”
[7] Luis Diego Echevarría-González, a/k/a “Pulin”
[8] Juan Carlos Colón-Cordero, a/k/a “Peca”
[9] Brian Oniel Vega-Sáez, a/k/a “Pollito”
[10] Alexander Arroyo-Lugo, a/k/a “Escobar”
[11] Julio Cesar Santiago-Ramos, a/k/a “Yuquita/Goldo”
[12] Jecksan Horrach-Pabón, a/k/a “Menor”
[13] Jomar Joel Horrach-Pabón, a/k/a “Yomo”
[14] Christian O. Montalvo-Casiano, a/k/a “Christian”
[15] James Steven Cupeles-Salas, a/k/a “Yain”
[16] Eniel Morales-Suárez, a/k/a “Liru/Lilu”
[17] Gabriel Enrique Mora-Ruiz, a/k/a “Gaby”
[18] Giovany Torres-Irizarry, a/k/a “Jova”
[19] Miguel A. Rosario-Toro, a/k/a “Tiri”
[20] Joachim Miguel Rosario-Toro, a/k/a “Tito”
[21] Ángel Lionel Flores-Vélez, a/k/a “Toto”
[22] Ángel L. Vázquez-Morales, a/k/a “Vazquez”
[23] Sergio Yamil Mercado-Rodríguez, a/k/a “Sergio”
[24] Luis Enrique Rodríguez-Reyes, a/k/a “Luisito”
[25] John Michael Hernández-Rivera, a/k/a “Buster/John John”
[26] Kelvin Joel Santana-Vega, a/k/a “Kelvin/Pimpollo/Pimpo”
[27] Roberto Moises Irizarry-Ruiz, a/k/a “Robert/Robertito”
[28] Hiram Ramón Sánchez-Ruiz, a/k/a “Hiram/Nene”
[29] Ángel Jazquiel Chaulizant-Mercado, a/k/a “Jazquiel”
[30] Javier Torres-Rodríguez, a/k/a “Guánica/Javy”
[31] Carlos Alberto Ayala-Rodríguez, a/k/a “Lajas”
[32] Ángel Rodríguez-Lugo, a/k/a “Cocolo”
[33] Jesse Ruiz-Desarden, a/k/a “Jesse”
[34] Andrés Moisés González-Ortiz, a/k/a “Andrés”
[35] Luis Ángel Miró-Gregory, a/k/a “Pito Cuchilla”
[36] Kevin Abel Santiago-Olivencia, a/k/a “Ñao”
[37] Ángel Jireh Ruiz-García, a/k/a “Ángel/Angelito/Ángel Culebra”
[38] Jesús Antonio Ruiz-Desarden
[39] Tamara Flores-Valentín, a/k/a “Jamilet”
[40] José Luis Vélez-Santana, a/k/a “Tuna”
[41] Catherine Muñiz-Martínez, a/k/a “Kathy”
[42] Jason Toro-Toro, a/k/a “Golin/Goline/Toto/Tubo”
[43] José Manuel Santiago-Cotte, a/k/a “Flaco/Jose”
[44] Julio Cesar Junior Cintrón-Collado, a/k/a “Jordan”
[45] José Daniel Martínez-Pagán, a/k/a “José”
[46] Joshua González-Muñiz, a/k/a “Jochi”
[47] Yecelys Marie Ortiz-Horrach, a/k/a “Yecelys/Mary”
[48] Diana Ruiz-Horrach, a/k/a “Diana/Titi”
[49] Alberto Uriel Rivera-Ortiz, a/k/a “Albert/Papo”
[50] Jonathan Quintana-Negrón, a/k/a “Cuajo/Cutino”
[51] Carlos Pantojas-Rodríguez, a/k/a “Bebi”
[52] Carolina Avilés-Rivera
[53] Edison Ruiz-Garallúa, a/k/a “Bolocho”
[54] Eliezer Avilés-Rivera, a/k/a “Papito”
[55] Jan Acosta-Vélez, a/k/a “Jan Tatuaje”
[56] Yadiel Javier Ortiz-Rivera, a/k/a “Yadiel Besito”
[57] Josenid Martin-Gregory, a/k/a “Jossy”
[58] Daisy Janet Sánchez- Ruiz, a/k/a “Daisy/Nena”
[59] Jilmarie Jymmyan Lebrón-Cordero, a/k/a “Linda”
[60] Karen Michelle Vega-López, a/k/a “Karen”
[61] Cristian Rivera-Torres, a/k/a “Cristian”
[62] Andrés Orlando Acevedo-Rivera, a/k/a “Andrés”
[63] Jordan Lugo-Méndez, a/k/a “Jordan”
If convicted, the defendants face a minimum sentence of 10 years in prison, and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorneys Pedro Casablanca and Cristina Caraballo Colón from the Gang Section of the U.S. Attorney’s Office are prosecuting this OCDETF matter. OCDETF identifies, disrupts, and dismantles the highest‑level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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5 Individuals Charged in Superseding Indictment for Conspiracy to Import Cocaine into the United StatesRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned a 14-count superseding indictment charging three men and two women with trafficking cocaine in the District of Puerto Rico beginning in 2021. This is a joint investigation between the Federal Bureau of Investigation (FBI) and Homeland Security Investigations (HSI) with collaboration from U.S. Customs and Border Protection Air and Marine Operations (CBP), the Drug Enforcement Administration (DEA), the United States Postal Inspection Service (USPIS), and the Puerto Rico Police Bureau (PRPB).
According to the charging document, the defendants conspired to import cocaine into the United States from the Dominican Republic from November 2021 through April 2023. The defendants and the counts in which they are charged are:
[1] Osvaldo Hernández-Camacho, a.k.a. “Shaq/Oso”: Counts 1 through 13
[2] Nelson Rivera-Suárez, a.k.a. “Papo”: Counts 1 through 9
[3] Edgardo Luis Matos-Santos, a.k.a. “Bebi”: Counts 1 through 12
[4] Xiomarie Marrero-Álvarez, a.k.a. “Xiomy”: Counts 1, 4, 7, 10, 13, 14
[5] Yahaira Santos-Castillo, a.k.a. “Yaja”: Counts 1, 4, 7, 10
The counts charged are:
Count One - Conspiracy to Import a Controlled Substance into the United States – not later than November 2021
Count Two - Importation of a Controlled Substance into the United States – October 15, 2022
Count Three - Importation of a Controlled Substance into the United States – November 17, 2022
Count Four - Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance - not later than November 2021
Count Five - Possession with Intent to Distribute a Controlled Substance – October 15, 2022
Count Six - Possession with Intent to Distribute a Controlled Substance – November 17, 2022
Count Seven - Conspiracy to Possess with Intent to Distribute a Controlled Substance on Board a Vessel of the United States – November 2021
Count Eight - Possession with Intent to Distribute a Controlled Substance on Board a Vessel of the United States – October 15, 2021
Count Nine - Possession with Intent to Distribute a Controlled Substance on Board a Vessel of the United States – November 17, 2022
Count Ten - Possession of Firearms in Furtherance of a Drug Trafficking Crime – November 2021
Count Eleven - Firearm Related Murder in Furtherance of a Drug Trafficking Crime – November 17, 2022
Count Twelve - Murder of a Federal Law Enforcement Officer in Furtherance of Drug Trafficking – November 17, 2022
Count Thirteen - Conspiracy to Commit Money Laundering – year 2022
Count Fourteen - Obstruction of Justice – November 17, 2022
The indictment includes controlled substances and money laundering forfeiture allegations regarding the following property:
- $10,000,000 in United States currency
- Two 1999 Boston Whaler vessels
- One 1974 Uniflite 42’ vessel
- Lot of land in the municipality of Lajas, Puerto Rico
- Two lots of land in the municipality of Carolina, Puerto Rico
- One 2014 black Toyota Tundra
- 2009 Ford Econoline E350 Super Duty Van White
- A 2007 white Dutchcraft Camp Trailer
- 2015 white Jayco Inc. Trailer
- White and black framed Star Stream trailer
- All United States currency in three different bank accounts
The indictment also includes firearms forfeiture allegations regarding the following items:
- Four Glock pistols
- One Sig Sauer pistol
- One Remington Shotgun
- One Springfield multicaliber rifle
- Seventy-Six 9mm caliber cartridges
- 239 5.56 caliber cartridges
- 226 .40 caliber cartridges
- 148 .45 caliber cartridges
The indictment alleges that the defendants made multiple trips between Puerto Rico and the Dominican Republic to transport narcotics. It also claims that on November 17, 2022, defendants Osvaldo Hernández-Camacho and Edgardo Luis Matos-Santos, aiding and abetting Joseamid Vázquez-Torres, a.k.a. “El Pana/El Capi/Jose”, not charged herein, did knowingly and intentionally kill, and counsel, command, induce and cause the intentional killing of Michel Maceda, a Federal Law Enforcement Officer engaged in the performance of his official duties.
“The conduct charged in this Superseding Indictment proves that firearms in the hands of drug traffickers pose a grave threat to our community and to our law enforcement partners,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “For that reason, the U.S. Attorney’s office remains committed to the investigation and prosecution of transnational drug traffickers. We will find them and bring them before the courts to face the consequences of their crimes.”
“One of the things we in the FBI take pride in is our expertise in investigating the big picture scheme. That is, doing the painstaking, technical, and often tedious work of playing the long game to understand criminal enterprises, and then taking them down. These arrests are the results of that process, and we are committed to continue to do this work, together with our partners, to bring all those responsible to justice,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “Drug trafficking is the root of many of the evils that plague our society and sometimes, even the men and women sworn to serve and protect the people, become the victims of the violence that stems from it. This makes our work more important and more urgent. This is why we can’t and won’t ever tire of bringing our best to these cases, no matter how long they take to complete.”
“The responsibility of our law enforcement officers is to safeguard our borders, they leave their homes daily to enforce the federal laws and protect the United States, unfortunately that is a dangerous job,” stated HSI Acting Special Agent in Charge Rebecca González-Ramos. “It is our duty to protect each other as Law Enforcement, any assaults or threats to the ones risking their lives to protect our borders is a direct attack to the United States and will not be tolerated.”
“I am proud of the work of CBP Air and Marine Operations Agents, along with our federal partners, for their relentless work to bring the defendants to justice,” stated Troy Miller, Acting Commissioner for U.S. Customs and Border Protection. “Marine Interdiction Agent Maceda’s sacrifice is a testament to CBP’s unwavering commitment to protecting our nation.”
“CBP Air and Marine Operations agents remain committed to interdict and deter transnational criminal organizations that continue to smuggle their contraband into our shores,” indicated Augusto Reyes, Director of Air and Marine Operations for Puerto Rico and the U.S. Virgin Islands.
If convicted, the defendants face a minimum sentence of 10 years in prison, and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney (AUSA) and Chief of the Transnational Organized Crime Section Max J. Pérez-Bouret; Deputy Chief of the Transnational Organized Crime Section, AUSA María L. Montañez-Concepción; and AUSA Ryan R. McCabe are in charge of the prosecution of the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Six Individuals Indicted by Federal Grand Jury for perpetrating a Multimillion Dollar Fraudulent Scheme to obtain COVID recovery assistance funds under the Federal CARES ActRead the Press Release
SAN JUAN, Puerto Rico – W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico, announced the indictment of six individuals for a multi-million-dollar fraudulent scheme to illegally obtain federal recovery funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Grand Jury charged the defendants with multiple counts of wire fraud, money laundering, Paycheck Protection Program (PPP) fraud, and Economic Injury Disaster Loan (EIDL) fraud. The charging documents claim that from April 2020 through April 2023, the defendants and their co-conspirators caused the submission of at least 272 EIDL and PPP loan applications seeking the illegal disbursement of at least $9,020,590.33 in federal recovery funds from the U.S. Small Business Administration (SBA) and Bank 1.
“This case demonstrates the brazenness with which the defendants took advantage of federal programs meant to help businesses that were severely affected by the COVID-19 pandemic. The U.S. Attorney’s Office will continue to work together with our law enforcement partners to find and prosecute those who have fraudulently stolen taxpayer money that was meant to help our citizens,” said U.S. Attorney Muldrow.
The United States Secret Service, Small Business Administration Office of the Inspector General, Treasury Inspector General for Tax Administration, and Internal Revenue Service Criminal Investigations conducted the investigation with the collaboration of the Puerto Rico Treasury Department, Puerto Rico Bureau of Special Investigations, Puerto Rico Police Bureau, and Guaynabo Municipal Police.
According to court documents, Manfred A. Pentzke Lemus, a.k.a. “Man/Contable/El Gestor”; Rodolpho R. Pagesy Roussel, a.k.a. “El Banquero”; Augusto A. Lemus Berríos, a.k.a. “Primo”; Jonatan Ben David Prieto Ruiz De Val, a.k.a. “Johnny Millones”; Ligia María Lemus De Pentzke, a.k.a. “Ligia Lemus Lanuza”; and Carlos Manfredo Pentzke Chamorro, a.k.a. “El Doctor”, knowingly devised a scheme to defraud the SBA and Bank 1 to obtain federal money and property by means of materially false and fraudulent pretenses, representations, and promises submitted through applications for EIDL and PPP loans made available to help small businesses recover from the impact of the pandemic through the CARES Act.
The CARES Act authorized federal assistance through the issuance of SBA loans to small businesses and non-profit entities that experienced revenue loss due to the COVID-19 worldwide pandemic. The EIDL program was one such loan assistance program for small businesses. To procure the loan, applicants had to fill out an online application detailing operational information for the 12‑month period prior to the COVID-19 pandemic, such as the number of employees in the business, the gross business revenues realized, and the cost of goods sold. The applicant also had to certify that the information provided in the application was true and correct under penalty of perjury and applicable criminal statutes. The information submitted by the applicant was then used by the SBA to calculate the amount of money to be made available to the applicant for economic relief.
Non-profit applicants and non-agricultural for-profit applicants were both generally eligible to receive an EIDL loan of up to $150,000, with a 30-year scheduled repayment, deferred for 12 months. Some applicants were also eligible for advance funds of up to $15,000. Pursuant to the provisions governing the EIDL program, loan proceeds could only be used by the affected business receiving EIDL loans to pay fixed debts, payroll, accounts payable, and other bills that could have been paid had the COVID-19 disaster not occurred.
Another form of assistance provided by the CARES Act was the authorization of United States taxpayer funds in forgivable loans to small businesses for job retention and certain other expenses, such as interest on mortgages, rent and utilities, through the Paycheck Protection Program (PPP). To procure a PPP loan, the small business was required to submit an application, through its authorized representative, where it provided, among other things, its average monthly payroll expenses, and number of employees. These figures were used to calculate the amount of money the small business was eligible to receive under a PPP loan. The PPP allowed the interest and principal on the PPP loan to be entirely forgiven if the business spent a certain percentage of the PPP loan proceeds to satisfy payroll expenses and the remainder of the loan proceeds on allowable expenses within a designated period.
The indictment alleges that the defendants and their co-conspirators submitted at least 272 fraudulent EIDL and PPP loan applications containing materially false and fraudulent information and false documents, including false and fictitious tax documents, payroll records, bank records, and identification documents, to procure the disbursement of EIDL and PPP assistance loans by Bank 1. The indictment further alleges that the defendants and their co-conspirators directed the recipients of the fraudulently obtained PPP and EIDL loans to remit a portion of the proceeds of the loans to the defendants and their co-conspirators and used the loan proceeds to benefit themselves and others, and to pay for expenses prohibited under the requirements of the EIDL and PPP programs.
The court documents claim that defendant Manfred A. Pentzke Lemus was the principal organizer of the fraudulent scheme to obtain the federally subsidized loans and the efforts to launder the proceeds; defendant Rodolpho R. Pagesy Roussel worked at Bank 1 in San Juan, Puerto Rico and used his position to obtain the approval of fraudulent PPP applications by Bank 1; defendant Augusto A. Lemus Berríos assisted in the preparation of fraudulent PPP applications by, amongst other things, preparing false documents to submit to the bank; defendant Jonatan Ben David Prieto Ruiz De Val acted as a money courier and coordinated the delivery of “kickback” payments to further the fraudulent scheme to obtain PPP and EIDL loans; defendant Ligia María Lemus De Pentzke received “kickback” payments from proceeds of the fraudulent scheme and forwarded them to her co‑conspirators; and defendant Carlos Manfredo Pentzke Chamorro received fraudulent PPP and EIDL loans in furtherance of the conspiracy. The defendants are also alleged to have recruited other un-indicted co-conspirators to obtain the EIDL and PPP loans under false pretenses.
The United States seized approximately $848,957.96 in proceeds of this scheme from Bank 1, which are currently subject to forfeiture.
If convicted, the defendants are facing up to 30 years in prison for the wire fraud counts; and up to 20 years of imprisonment for the money laundering count.
This case is being prosecuted by Assistant U.S. Attorneys Timothy R. Henwood, Daniel J. Olinghouse and María L. Montañez Concepción.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Man Who Ran Twitter, Reddit and Telegram Accounts Selling Intimate Photos Hacked from Female Victims’ Accounts Charged with Possession, Distribution and Sale of Child Pornography; Cyberstalking; and Conspiracy to Hack ComputersRead the Press Release
SAN JUAN, Puerto Rico – On March 29, 2023, a grand jury charged Brian Luis Valentín-Ramos with five counts related to the possession, distribution and sale of child pornography; conspiring to illegally obtain information from protected computers; and cyberstalking, all in violation of 18 U.S.C. §§ 1030(a)(2), 2252(a)(4)(B), 2252A(a)(2), 2252A(a)(4)(B), and 2261A(2)(B), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the Government’s allegations, since at least 2020 through 2023, Valentín-Ramos conspired with others to gain unauthorized access to social media accounts, including SnapChat, of female victims primarily in Puerto Rico. These included victims at the University of Puerto Rico. The conspirators would then steal intimate pictures of the victims from those accounts, which Valentín-Ramos would publicize and sell using Twitter, Reddit and Telegram. Valentín-Ramos would claim that “I sell my content because it was obtained via hacking making it exclusive.”
Valentín-Ramos is further charged with cyberstalking one of his adult victims.
Valentín-Ramos also possessed, distributed, and sold sexually explicit photos of two female minors, including one who was fifteen years old.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico; and Joseph González, Special Agent in Charge of the FBI San Juan Field Office made the announcement.
The sale and distribution of child pornography charges carry a mandatory minimum of five years in prison and a maximum of twenty years. Cyberstalking carries maximum sentence of five years of imprisonment. Possession of child pornography carries a maximum of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The defendant was arrested on Friday, March 24, and ordered detained pending trial due to an adjudication that he is a danger to the community.
Assistant U.S. Attorney Jeanette Collazo is in charge of the prosecution of the case. FBI Special Agent Christian Nieves of the San Juan Cyber Division is in charge of the investigation.
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22 Individuals Charged with Drug Trafficking in the Municipalities of Sabana Grande, San Germán, Lajas, and Cabo Rojo, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On March 22, 2023, a federal grand jury in the District of Puerto Rico returned a six-count indictment charging 22 individuals with drug trafficking in the municipalities of Sabana Grande, San Germán, Lajas, and Cabo Rojo, Puerto Rico. The Federal Bureau of Investigation and the Puerto Rico Police Bureau Aguadilla Strike Force are in charge of the investigation, with the collaboration of Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), United States Postal Inspection Service (USPIS), Internal Revenue Service (IRS), the United States Marshals Service (USMS), the Mayagüez Strike Force, Mayagüez Homicide Division, and the Mayagüez District Attorney. This arrest operation is part of the Organized Crime Drug Enforcement Task Force (OCDETF) program.
The indictment alleges that from 2019 to the date of the return of the indictment, the drug trafficking organization distributed heroin, cocaine base (commonly known as “crack”), cocaine, marihuana, Fentanyl, Tramadol, Oxycodone (Percocet), and Alprazolam (Xanax) in Majinas Ward, Las Guaras Ward, Cerro Gordo Ward, José A. Castillo Public Housing Project (PHP) in the municipality of Sabana Grande; Sabana Eneas Ward in the municipality of San Germán; Sabana Yeguas Ward in the municipality of Lajas; Parabueyon Ward in the municipality of Cabo Rojo, and areas nearby for significant financial gain and profit.
“The charges in this case reflect the Justice Department’s commitment to dismantling drug trafficking organizations that sow violence and fear in our communities. We will continue to work closely alongside our law enforcement partners to dismantle criminal organizations throughout Puerto Rico and break the cycle of violence that they perpetuate,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
“When I first came to San Juan, I said that violent crime would be amongst our top priorities. Today, I want to thank my FBI Aguadilla Team for helping me make good on that promise,” said FBI Special Agent in Charge Joseph González. “There will always be more work to be done, but this takedown dismantled an extremely violent criminal enterprise, which controlled most of the drug trafficking operations in the SW of Puerto Rico, with no regard for human life and no respect for law enforcement. I want to thank the USAO, IRS, USMS, PRPB Mayagüez Strike Force, USPIS, DEA, HSI, CBP and the Mayagüez District Attorney’s Office, for their assistance in this investigation and their continued support to the FBI mission.”
As part of the conspiracy, the members acted in different roles to further the goals of the conspiracy, including acting as leaders, enforcers, runners, sellers, and facilitators. The defendants had access to different vehicles which they used to transport money, narcotics, and firearms. They offered delivery services to their clients; they would meet up with clients at parking lots or wherever it was convenient to their customers.
The members of the gang used force, violence, and intimidation to maintain control of the areas in which they operated. Twenty-one defendants are also facing a charge of possession of firearms in furtherance of a drug trafficking crime. The defendants are:
José Alberto Pagán-Casiano, a/k/a “Pito Cansio”
Victor Galindo-Padilla, a/k/a “Junito”
John M. Hernández-Méndez, a/k/a “El Buster”
Terril Rivera-Calder, a/k/a “TJ”
Julio Argenis Figueroa-Martínez, a/k/a “Argenis”
Renty A. Areizaga-García
Alexander Rivera-Casiano, a/k/a “Papal”
Gustavo González-González, a/k/a “Gotay/GTA/Negro/Tavo”
Christian Belén-Silva, a/k/a “Belén”
Michael Nazario-Rivera, a/k/a “Michael Bolso/El Pri”
Yomvier Torres-Ruiz
Jaime Rodríguez-Juliá
Victor Casiano-Alameda, a/k/a “Junito”
Rodney A. Santiago-Ramírez
Gabriel Olmeda-Mercado, a/k/a “Rasta”
Justin Carlo-Padilla, a/k/a “Donald Trump”
José M. Rodríguez-Torres, a/k/a “JM”
Alex Ramírez-Sánchez, a/k/a “Pote”
Axel Vélez-Denizac, a/k/a “Axel el Enano”
Shariel Mercado-González
Yehudy Toro-Vargas
Francisco Ayala-Vega, a/k/a “Cabra/Sico”
If convicted, the defendants face a minimum sentence of 10 years in prison, and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Corinne Cordero-Romo from the Gang Section is in charge of the prosecution of the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Puerto Rico Mayor Convicted of Accepting BribesRead the Press Release
SAN JUAN, Puerto Rico –A federal jury convicted a former mayor of Guaynabo, Puerto Rico, yesterday for engaging in a bribery scheme.
According to court documents and evidence presented at trial, Ángel Pérez-Otero, 52, was involved in a bribery conspiracy in which, from approximately late 2019 through May 2021, he accepted thousands of dollars in cash bribes on a regular basis from the owner of a construction company. In exchange for these payments, Pérez-Otero agreed to obtain and retain contracts for the company and ensured that its invoices were promptly paid.
Pérez-Otero was convicted of conspiracy, federal program bribery, and extortion. He is scheduled to be sentenced on Aug. 8 and faces a maximum penalty of 20 years in prison on the extortion charge and 10 years in prison on the bribery charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Trial Attorney Nicholas Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Myriam Fernández-González for the District of Puerto Rico are prosecuting the case. Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Scott H. Anderson for the District of Puerto Rico assisted in the investigation.
This case is part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matter, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts.
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Former Puerto Rico Mayor Convicted of Accepting BribesRead the Press Release
A federal jury convicted a former mayor of Guaynabo, Puerto Rico, yesterday for engaging in a bribery scheme.
According to court documents and evidence presented at trial, Ángel Pérez-Otero, 52, was involved in a bribery conspiracy in which, from approximately late 2019 through May 2021, he accepted thousands of dollars in cash bribes on a regular basis from the owner of a construction company. In exchange for these payments, Pérez-Otero agreed to obtain and retain contracts for the company and ensured that its invoices were promptly paid.
Pérez-Otero was convicted of conspiracy, federal program bribery, and extortion. He is scheduled to be sentenced on Aug. 8 and faces a maximum penalty of 20 years in prison on the extortion charge and 10 years in prison on the bribery charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Trial Attorney Nicholas Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Myriam Fernández-González for the District of Puerto Rico are prosecuting the case. Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Scott H. Anderson for the District of Puerto Rico assisted in the investigation.
This case is part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matter, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts.
Drug Trafficker Sentenced to 14 Years for Conspiracy to Import CocaineRead the Press Release
SAN JUAN, Puerto Rico – Miguel Ángel Agosto-Pacheco, a.k.a. “Chino,” was sentenced by United States District Court Judge Francisco A. Besosa to 14 years in prison for conspiring to import cocaine into the United States, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow. Agosto-Pacheco pleaded guilty on December 6, 2022.
According to admissions made in connection with his plea, between approximately February 2017 and February 2018, Agosto-Pacheco served as the manager of the Puerto Rican branch of an international drug trafficking organization. During that timeframe, the organization coordinated the shipment of hundreds of kilograms of cocaine from Colombia through Venezuela and into Puerto Rico.
As part of his plea agreement, Agosto-Pacheco admitted to conspiring to import millions of dollars’ worth of cocaine into Puerto Rico on two specific occasions. First, in November 2017, Agosto-Pacheco conspired to import approximately 417 kilograms of cocaine. Second, in December 2017, Agosto-Pacheco conspired to import approximately 285 kilograms of cocaine.
In late 2022, Agosto-Pacheco’s five co-defendants all pleaded guilty to conspiring to import cocaine and were sentenced as follows:
- Jerry Omar Hernández-Peña—120 months
- Luis A. Vázquez-Rodriguez—120 months
- Anthony Jael Abreu-Matos—120 months
- Luis Ángel Ramos-Cordero—120 months
- Juan Tapia-Soto—96 months
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Special Agent in Charge of the Drug Enforcement Administration (DEA) Denise Foster made the announcement.
The DEA was in charge of the investigation.
Assistant U.S. Attorneys Max Pérez-Bouret and Carlos R. Cardona, as well as former Assistant U.S. Attorney Jonathan E. Jacobson, prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Justice Department Achieves Settlement with the Former Dr. Juan A. Rivero Zoo to Relocate Animals to Locations in the Continental United StatesRead the Press Release
The Justice Department and the Commonwealth of Puerto Rico on behalf of the Puerto Rico Department of Justice and the Puerto Rico Department of Environment and Natural Resources (DENR) have reached an agreement to ensure the health and safety of the animals housed at the former Dr. Juan A. Rivero Zoo and the Centro de Detención en Cambalache (Cambalache). Under the agreement, the approximately 500 animals currently housed at the Zoo and Cambalache will be relocated within the next six months to facilities that are equipped and prepared to humanely and appropriately house and care for the animals.
The Justice Department recently arranged, with the assistance and coordination of DENR, for experts from the Wild Animal Sanctuary to complete an inventory and evaluation of the conditions of the animals at the Zoo and Cambalache. Based on the information gathered during these evaluations, the Wild Animal Sanctuary is developing a plan for the transfer of all of the animals housed at the Zoo and at Cambalache to sanctuaries and other appropriate facilities in the continental United States. The Wild Animal Sanctuary operates four wildlife sanctuaries in Colorado and Texas, encompassing more than 33,000 acres, and will aid in relocating the animals from the Zoo and Cambalache to these and other facilities, as necessary and appropriate, to immediately address their pressing health and safety needs.
As part of the joint efforts between federal and local agencies, the U.S. Fish and Wildlife Service has already removed a bald eagle, a golden eagle, two great horned owls, a red tail hawk, and two snakes. Additional transfers are expected in the upcoming weeks.
“We recognize the cooperation of Secretary Anais Rodríguez Vega who has made a laudable commitment to improve the health and welfare of the animals at the Zoo and Cambalache by working alongside federal agencies to relocate them to locations throughout the United States,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We will continue to support the efforts to expeditiously rescue all the animals according to the recommendations for relocation to be made by the veterinary experts brought to Puerto Rico by the Wild Animal Sanctuary.”
“We deeply appreciate the work of the U.S. Attorney’s Office in collaboration with Puerto Rico environmental and justice authorities to facilitate the transfer of these animals to a destination where their health and safety needs can be met,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
Assistant U.S. Attorney Jonathan Gottfried for the District of Puerto Rico and Senior Trial Attorney Mary Hollingsworth and Trial Attorneys Kamela Caschette, Briena Strippoli and Matthew Morris of the Environment and Natural Resources Division are handling this matter. The Justice Department worked closely with the U.S. Fish and Wildlife Service and the Department of Agriculture’s Office of Inspector General and Investigative and Enforcement Services to achieve this successful resolution.
Justice Department Achieves Settlement with the Former Dr. Juan A. Rivero Zoo to Relocate Animals to Locations in the Continental United StatesRead the Press Release
The Justice Department and the Commonwealth of Puerto Rico on behalf of the Puerto Rico Department of Justice and the Puerto Rico Department of Environment and Natural Resources (DENR) have reached an agreement to ensure the health and safety of the animals housed at the former Dr. Juan A. Rivero Zoo and the Centro de Detención en Cambalache (Cambalache). Under the agreement, the approximately 500 animals currently housed at the Zoo and Cambalache will be relocated within the next six months to facilities that are equipped and prepared to humanely and appropriately house and care for the animals.
The Justice Department recently arranged, with the assistance and coordination of DENR, for experts from the Wild Animal Sanctuary to complete an inventory and evaluation of the conditions of the animals at the Zoo and Cambalache. Based on the information gathered during these evaluations, the Wild Animal Sanctuary is developing a plan for the transfer of all of the animals housed at the Zoo and at Cambalache to sanctuaries and other appropriate facilities in the continental United States. The Wild Animal Sanctuary operates four wildlife sanctuaries in Colorado and Texas, encompassing more than 33,000 acres, and will aid in relocating the animals from the Zoo and Cambalache to these and other facilities, as necessary and appropriate, to immediately address their pressing health and safety needs.
As part of the joint efforts between federal and local agencies, the U.S. Fish and Wildlife Service has already removed a bald eagle, a golden eagle, two great horned owls, a red tail hawk, and two snakes. Additional transfers are expected in the upcoming weeks.
“We recognize the cooperation of Secretary Anais Rodríguez Vega who has made a laudable commitment to improve the health and welfare of the animals at the Zoo and Cambalache by working alongside federal agencies to relocate them to locations throughout the United States,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We will continue to support the efforts to expeditiously rescue all the animals according to the recommendations for relocation to be made by the veterinary experts brought to Puerto Rico by the Wild Animal Sanctuary.”
“We deeply appreciate the work of the U.S. Attorney’s Office in collaboration with Puerto Rico environmental and justice authorities to facilitate the transfer of these animals to a destination where their health and safety needs can be met,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
Assistant U.S. Attorney Jonathan Gottfried for the District of Puerto Rico and Senior Trial Attorney Mary Hollingsworth and Trial Attorneys Kamela Caschette, Briena Strippoli and Matthew Morris of the Environment and Natural Resources Division are handling this matter. The Justice Department worked closely with the U.S. Fish and Wildlife Service and the Department of Agriculture’s Office of Inspector General and Investigative and Enforcement Services to achieve this successful resolution.
Former Executive Assistant to Former Mayor of Trujillo Alto Sentenced to 30 Months in Prison for Accepting BribesRead the Press Release
SAN JUAN, Puerto Rico – SAN JUAN, Puerto Rico – Today, Radamés Benítez-Cardona, former assistant to the former mayor of Trujillo Alto, was sentenced by United States District Court Judge Pedro A. Delgado-Hernández to serve 30 months in prison, announced United States Attorney W. Stephen Muldrow. Benítez-Cardona pleaded guilty on November 30, 2022, and admitted to receiving monthly bribe payments from a municipal waste management contractor, including separate $17,250 cash payments on May 22, 2021, June 12, 2021, and July 25, 2021.
“The citizens of Trujillo Alto entrusted the defendant with serving their communities with honesty and integrity -- instead he participated in an illegal scheme and used his position for personal gain,” said United States Attorney Muldrow. “Public officials who fail to faithfully discharge the duties of their office, and those who conspire with them, will be investigated, prosecuted, and punished for their actions.”
According to court documents, Radamés Benítez-Cardona, enriched himself by accepting bribes and kickbacks in exchange for securing municipal contracts for a waste management contractor as opportunities arose. The scheme required Individual A to pay a $0.75 per house monthly kickback to defendant Benítez-Cardona in connection with Trujillo Alto municipal contract 2018-000004 awarded to Company A for trash pick-up. The monthly kickback amounted to approximately $17,250 for 23,000 houses. In addition, Benítez-Cardona agreed to give a portion of the kickback money to José Luis Cruz-Cruz, the mayor of Trujillo Alto. Cruz-Cruz was sentenced on January 11, 2023, to 24 months in prison for his participation in the bribery scheme.
The investigation was conducted by the FBI’s San Juan Field Office. The case was prosecuted by Assistant U.S. Attorney Scott H. Anderson of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Nicholas W. Cannon of the Criminal Division’s Public Integrity Section.
These cases are part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matters, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts. See United States v. Félix Delgado-Montalvo, 21-463 (RAM); United States v. Oscar Santamaria-Torres, 21-464 (RAM); and United States v. Raymond Rodríguez, 21-465 (RAM) ; United States v. Mario Villegas, 21-468 (FAB); United States v. Luis Arroyo-Chiques, 21-485 (SCC); United States v. Eduardo Cintron-Suarez, 22-151 (SCC); United States v. Ramon Conde-Melendez, 22-221 (PAD); United States v. Pedro Miranda-Marrero, 22-251 (RAM); United States v. Jose Cruz-Cruz, 22-276 (SCC); and United States v. Javier García-Pérez, 22-185 (ADC); United States v. Jose Bou-Santiago, 22-379 (ADC).
Additionally, the department recently obtained indictments charging several former officials with bribery related to municipal contracts, and those cases are still pending. See United States v. Ángel Pérez-Otero, 21-474 (ADC); and United States v. Reinaldo Vargas-Rodríguez, 22-186 (PAD). An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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United States Attorney W. Stephen Muldrow Announces Implementation of New Voluntary Self-Disclosure Policy and New Monitor Selection for Corporate Criminal Enforcement PolicyRead the Press Release
United States Attorney W. Stephen Muldrow announced that the U.S. Attorney’s Office for the District of Puerto Rico has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy (the “VSD Policy”) and the United States Attorney’s Offices’ Monitor Selection for Corporate Criminal Enforcement Policy (the “MS-CCE Policy”) released earlier today, which are effective immediately.
The VSD Policy details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely and appropriately remediate. The goal of the VSD policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations.
The VSD policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.
Under the new VSD Policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.
The VSD Policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.
In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD Policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.
The Attorney General’s Advisory Committee (AGAC), under the leadership of United States Attorney for the Southern District of New York Damian Williams, requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of United States Attorney for the Eastern District of New York Breon Peace, develop policies in response to the Deputy AG’s memo. The VSD Policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger. Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the VSD Policy.
The MS-CCE Policy establishes the standards, policy, and procedures for the selection of monitors in criminal matters being handled by USAO-PR and apply to all determinations regarding whether a monitor is appropriate in specific criminal cases and to any deferred prosecution agreement (“DPA”), non-prosecution agreement (“NPA”), or plea agreement between the USAO and a company which requires the retention of a monitor. This policy provides a non-exhaustive list of factors to be evaluated by prosecutors in assessing the need for the imposition of a monitor on a case-by-cases basis. In general, the USAO should favor the imposition of a monitor where there is a demonstrated need for, and clear benefit to be derived from, a monitorship.
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Comptroller of a Non-Profit Corporation in Aguada, PR Sentenced to Two Years in Prison for Fraud SchemeRead the Press Release
SAN JUAN, Puerto Rico – Margarita Botti-Nieves was sentenced by United States District Court Senior Judge Francisco A. Besosa to serve 24 months in prison followed by a supervised release term of three years, announced United States Attorney W. Stephen Muldrow. On October 11, 2022, Botti-Nieves was indicted and pleaded guilty to misappropriation of funds, tax evasion, and obstruction of a tax investigation.
Defendant Margarita Botti-Nieves was an employee, accountant, and agent of Programa de Apoyo y Enlace Comunitario, Inc. (“PAEC”). PAEC was a non-profit corporation organized in Puerto Rico which received and administered benefits under various Federal programs involving grants, contracts, and Federal assistance. According to court documents, from in or about September 2016 and continuing until June 2019, the defendant did willfully evade the payment of a substantial portion of the employment taxes owed by PAEC to the United States of America, by committing the following affirmative acts among others:
a. Caused submission of false statements to the IRS;
b. Provided false information and fraudulent documentation to PAEC for purported payments to the IRS which were never made;
c. Caused the preparation of false tax documents that misreported PAEC employees’ tax witholdings;
d. Caused funds to be transferred from PAEC bank account to different accounts defendant controlled in order to divert funds to be used for personal expenses.
e. Caused the tax returns to be filed with the IRS in an attempt to evade and defeat the payment of employment taxes due and owing by PAEC to the United States.
“Convictions such as this send a loud and clear message that those who defy our nation’s tax laws will be investigated and prosecuted to the fullest extent of the law,” said U.S. Attorney Muldrow.
“The Treasury Inspector General for Tax Administration will continue to aggressively pursue those who attempt to defraud the Federal tax system and undermine the integrity of the Internal Revenue Service,” stated J. Russell George, Treasury Inspector General of Tax Administration. “We appreciate the efforts of our law enforcement partners and the United States Attorney’s Office to ensure this criminal activity is held to account.”
Assistant U.S. Attorney María L. Montañez prosecuted the case. The case was investigated by the Treasury Inspector General for Tax Administration; the Internal Revenue Service, Office of Criminal Investigations; United States Department of Health & Human Services Office of Inspector General; AmeriCorps-The Corporation for National and Community Service; Department of Justice Office of Inspector General.
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HSI Arrested Comptroller of Athletic Club Indicted in $1 Million Wire Fraud SchemeRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned an indictment on February 23, 2023, charging Zuleika Molina-Orozco with eight counts of wire fraud in violation of Title 18, United States Code, Section 1343.
According to court documents, Molina-Orozco was the comptroller of Company A, a not-for-profit sports and social club located at a resort in Humacao, Puerto Rico, and had access and control over Company A’s bank account. Between October 2019 and March 2022, Molina-Orozco fraudulently made thirty-nine (39) unauthorized wire transfers from Company A’s bank account to three (3) of her credit cards and two (2) unauthorized wire transfers to another bank account, all totaling $1,100,283.36. The money the defendant obtained from the fraud scheme was used to pay the defendant’s personal credit card expenses, to purchase a 2020 Ford F-150 truck, and to transfer money to other individuals.
The defendant is scheduled for her initial court appearance today at 1:30 p.m. before U.S. Magistrate Judge Marshal D. Morgan of the U.S. District Court for the District of Puerto Rico. If convicted, she faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico; and Rebecca C. González-Ramos, Acting Special Agent in Charge of Homeland Security Investigations (HSI) made the announcement.
HSI investigated the case.
Assistant U.S. Attorney Scott H. Anderson is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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HSI San Juan Arrests 2 Men on Child Exploitation ChargesRead the Press Release
SAN JUAN, Puerto Rico – Homeland Security Investigations (HSI) special agents with the support of the Puerto Rico Police Bureau, arrested two men charged with Transportation of Child Pornography, Possession of Child Pornography, Production of Child Pornography and Coercion and Enticement of minors, in two separate and unrelated cases.
According to court documents, in or about December 2020 through in or about January 2021, Nathan Gallarza Chaparro, 22, of Aguadilla, did knowingly transport one or more images and videos, which contained images of child pornography. Also, Gallarza Chaparro was charged with possession of child pornography. Assistant United States Attorney Ginette Milanes, from the Child Exploitation and Immigration Unit, is prosecuting this case.
In a separate case, HSI special agents arrested Eduardo Luis Marrero Casanova, 52, a religious leader in Cayey. According to the indictment, in or about December 2022, through on or about January 25, 2023, the defendant used a cellular phone, as well as internet instant messaging services, to knowingly persuade, induce, entice, and coerce two fifteen-year-old male minors to engage in sexual activity for which any person can be charged with a criminal offense, which includes the production of child pornography as defined in Title 18, United States Code (U.S.C.). Also, Marrero Casanova did knowingly employ, use, persuade, induce, entice, and coerce a minor, and attempted to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.
Defendant Marrero-Casanova is facing two (2) counts of coercion and enticement of a minor in violation of 18 U.S.C. § 2422(b), and two (2) counts of production of child pornography in violation of 18 U.S.C. § 2251(a). Assistant U.S. Attorney Daynelle Álvarez-Lora, of the Child Exploitation and Immigration Unit, is prosecuting the case.
“The United States Attorney’s Office and the federal and local law enforcement agencies in Puerto Rico remain steadfast in our commitment to protect our children from sexual predators,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “We remind and encourage the public to report all inappropriate behavior with children to their local authorities and together local and federal law enforcement agencies will seek justice for the victims of these crimes.”
“It is time for us as a community to stand together and protect our minors from these predators,” said Acting Special Agent in Charge Rebecca C. González-Ramos. “We have the services, the help, and the expertise. Please reach out so we can take these individuals out of our society. There will be zero tolerance for those who intend to harm our children.”
On Friday, the defendants had their initial hearings before U.S. Magistrate Judge Giselle López-Soler. The defendants were transferred to the Guaynabo Metropolitan Detention Center to await further judicial proceedings.
If convicted, Nathan Gallarza Chaparro faces a statutory minimum sentence of 5 years up to 20 years of imprisonment followed by a term of supervise release of 5 years up to life for the possession of child pornography. Eduardo Luis Marrero Casanova is facing a minimum mandatory term of imprisonment of 10 years and a maximum of life for each count of coercion and enticement; and a minimum term of imprisonment of 15 years and a maximum of 30 years for each count of production of child pornography. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.
HSI is the principal investigative arm of U.S. Department of Homeland Security and a vital U.S. asset in combatting transnational crime and threats. One of HSI’s top priorities is to protect the public from crimes of victimization, and HSI’s child exploitation investigations program is a central component of this mission. HSI is recognized as a global leader in this investigative discipline. HSI utilizes its vast authorities, international footprint, and strong interagency and public-private partnerships to identify and rescue child victims, identify, and apprehend offenders, prevent transnational child sexual abuse, and help make the internet a safer place for children.
For more information about HSI’s efforts to protect children from online sexual abuse, visit https://www.ice.gov/topics/iGuardians.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Individuals and a Healthcare Management Company Indicted for Bankruptcy Fraud, Money Laundering, PPP Fraud, and Bank FraudRead the Press Release
SAN JUAN, Puerto Rico – Ivelisse Rivera-Padilla and Carla Carrillo-Torres, and the company VIP Healthcare Solutions, Inc. (“VIP Healthcare”) were indicted by a federal Grand Jury in relation to bankruptcy fraud, a money laundering scheme, PPP fraud, and bank fraud announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico.
Ivelisse Rivera-Padilla, the President of VIP Healthcare, was indicted in a bankruptcy fraud scheme for making materially false representations from March 2017 to May 2022 in order to defraud during her bankruptcy proceeding, In re: Ivelisse Rivera Padilla, Case No. 17-01782, all in violation of 18 U.S.C. § 157. Additionally, she is charged with 10 counts of concealment of assets during her bankruptcy proceedings in violation of 18 U.S.C. § 152(1), and 3 counts of making false statements in relation to such bankruptcy proceedings, in violation of 18 U.S.C. § 152(3).
The indictment alleges that during the bankruptcy proceedings, Ivelisse Rivera-Padilla concealed property and income and failed to disclose to the trustee charged with control of the debtor’s property and from the creditors and the United States Trustee all of the bankruptcy estate during the course of her bankruptcy proceedings, including, but not limited to the creation, operation, ownership, and control of VIP Healthcare.
On or about June 23, 2017, Rivera-Padilla incorporated VIP Healthcare, and on or about June 30, 2017, signed a contract between VIP Healthcare and the Municipality of Cataño to manage and administer the “Job Andujar” Diagnostic and Treatment Center. The contract awarded VIP Healthcare $1,134,000.00 paid via monthly installments of $189,000.00. Between 2017 and 2022, additional contracts were executed between VIP Healthcare and the Municipality of Cataño in excess of $9,000,000.00. Rivera-Padilla accessed, controlled, and used over $1,000,000.00 of these proceeds from VIP Healthcare’s bank accounts for her personal use and benefit without disclosing such income during her bankruptcy proceedings.
The indictment further alleges that Rivera-Padilla concealed the purchase of an apartment located at Condominium Golf & Playa, Cabo Rojo, Puerto Rico, for $270,000.00, and a 2,159.5152 square-meter plot of land located at Rainforest and Sea View Resort in Luquillo, Puerto Rico, for $275,000.00. Rivera-Padilla also concealed the creation and interest in another corporate entity known as Farmacia Libertad, as well as income from a rental property business through AirBnB.
Defendants Rivera-Padilla, Carrillo-Torres, and VIP Healthcare are facing 28 counts of money laundering based on individual transactions made using funds concealed during the bankruptcy proceedings. These transactions were made to purchase multiple properties and real estate for Rivera-Padilla and Carrillo-Torres.
Additionally, Carrillo-Torres and VIP Healthcare are charged with making false statements in relation to a $249,755.35 Paycheck Protection Program (PPP) Loan.
If convicted, Carla Carrillo-Torres may be sentenced to a maximum term of imprisonment of 30 years and a fine of $1,000,000.00 for violations of 18 U.S.C. §§ 1014 and 1344 (Bank Fraud). For each count of money laundering under 18 U.S.C § 1957, Rivera-Padilla and Carrillo-Torres face up to 10 years of imprisonment. In addition, Rivera-Padilla also faces up to 5 years of imprisonment for each count under 18 U.S.C §§157 and 152 (Bankruptcy Fraud). VIP Healthcare faces monetary fines, among other penalties, for each count of conviction.
“The defendants used bankruptcy proceedings to defraud the United States Trustee Program and creditors. They also illegally used COVID relief funds to benefit themselves,” said U.S. Attorney Muldrow. “The U.S. Attorney’s Office remains vigilant in the effort to enforce bankruptcy laws and punish those who illegally diverted and used critical COVID funds for their own personal gain.”
“Together with U.S. Attorney Muldrow and our law enforcement partners, we will continue to pursue fraud and abuse in bankruptcy cases,” stated Mary Ida Townson, U.S. Trustee for Georgia, Florida, Puerto Rico, and Virgin Islands (Region 21). “I am thankful for the appointment by the U.S. Attorney of two Special Assistant U.S. Attorneys from our San Juan office for the prosecution of those who engage in fraudulent conduct in bankruptcy cases.” The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.
“During the regular course of an investigation, the FBI gives individuals involved in criminal activity, numerous opportunities to do the right thing. Such was the case with these two subjects,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “The FBI message has been clear from day one. Come to us before we come to you. We are committed to investigating every violation to its last consequence.”
This case is being prosecuted by Special Assistant U.S. Attorney José Capó Iriarte and Special Assistant U.S. Attorney José C. Díaz Vega from the Office of the U.S. Trustee.
The case was investigated by the Federal Bureau of Investigation (FBI) and is a continuation of the investigation involving municipal contracts awarded in the Municipality of Cataño, which has resulted in the conviction of multiple contractors and public officials. See United States v. Félix Delgado-Montalvo, 21-463 (RAM); United States v. Oscar Santamaria-Torres, 21-464 (RAM); and United States v. Raymond Rodríguez, 21-465 (RAM); United States v. Pedro Marrero-Miranda, 22-251 (RAM); United States v. Mario Villegas-Vargas, 21-468(FAB); and United States v. Jose Bou-Santiago, 22-379(ADC).
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Legislator Sentenced to Five Years and Three Months in Prison for Theft of Government Funds and Honest Services Wire FraudRead the Press Release
SAN JUAN, Puerto Rico – Today, former legislator Nestor Alonso-Vega was sentenced by United States District Court Chief Judge Raúl Arias Marxuach to serve 63 months in prison, announced United States Attorney W. Stephen Muldrow. On June 6, 2022, Alonso-Vega was found guilty of nine counts of Federal Funds Theft, Kickbacks, and Honest Services Wire Fraud.
According to court documents and evidence presented at trial, between April 2018 and September 2020, Nestor Alonso-Vega authorized several salary adjustments for his assistant. It was agreed that his assistant would kickback to Alonso-Vega half of the total amount of the pay raise, split between each pay day. The total loss for the House of Representatives was $81,500, of which defendant received more than $40,000.
It was further alleged that the assistant, who testified during the trial, used a variety of means to transfer the kickbacks to Alonso-Vega. For example, he used ATH Móvil, made withdrawals around the time he received his paycheck and paid Alonso-Vega in cash, and, at times, made payments to Alonso-Vega’s Home Depot account.
“We continue to see the results of our efforts fighting public corruption,” said U.S. Attorney Muldrow. “The citizens of Puerto Rico deserve that their dollars be put to good use and not to line the pockets of corrupt officials. We will continue to investigate and prosecute corrupt behavior wherever we find it.”
Assistant U.S. Attorney Scott Anderson prosecuted the case. The case was investigated by FBI Special Agent Juan Carlos López of the San Juan Field Office.
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Two Business Owners Sentenced for Conspiring to Pay Bribes in Exchange for Municipal Contracts in Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – Two government contractors were sentenced this week for their involvement in separate bribery schemes in which they gave payments to the mayor of the municipality of Cataño, Puerto Rico, in exchange for the mayor’s awarding of municipal contracts to their respective companies.
Mario Villegas-Vargas, 44, of Gurabo, Puerto Rico, was sentenced today to 46 months in prison for conspiracy to commit federal funds bribery. According to court documents, Villegas-Vargas paid kickbacks and bribes in exchange for the mayor exerting his influence on municipal officials in Cataño to ensure that Villegas-Vargas’ asphalt and paving business, JR Asphalt, was awarded municipal contracts. Villegas-Vargas’ bribe payments and his efforts to conceal those payments resulted in his business being awarded over $9.9 million in municipal contracts in Cataño.
Other public officials in Puerto Rico have already pleaded guilty to receiving bribe payments from JR Asphalt, including the former mayors of Aguas Buenas, Guayama, and Trujillo Alto and the former Directors of Public Works in Guayama and Cataño.
Jose Bou-Santiago, 50, of Bayamon, Puerto Rico, was sentenced yesterday to two years in prison for conspiracy to commit federal funds bribery. According to court documents, in April 2019, Bou-Santiago provided a Rolex watch to the mayor of Cataño in exchange for a future municipal contract for Bou-Santiago’s company, Bou Maintenance Service. Specifically, in June 2019, Bou Maintenance Service was awarded a construction contract by the municipality valued at approximately $190,000.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the cases.
Trial Attorneys Nicholas W. Cannon and Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Chief of the Financial Fraud and Public Corruption Section Seth A. Erbe for the District of Puerto Rico prosecuted the cases.
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Two Business Owners Sentenced for Conspiring to Pay Bribes in Exchange for Municipal Contracts in Puerto RicoRead the Press Release
Two government contractors were sentenced this week for their involvement in separate bribery schemes in which they gave payments to the mayor of the municipality of Cataño, Puerto Rico, in exchange for the mayor’s awarding of municipal contracts to their respective companies.
Mario Villegas-Vargas, 44, of Gurabo, Puerto Rico, was sentenced today to 46 months in prison for conspiracy to commit federal funds bribery. According to court documents, Villegas-Vargas paid kickbacks and bribes in exchange for the mayor exerting his influence on municipal officials in Cataño to ensure that Villegas-Vargas’ asphalt and paving business, JR Asphalt, was awarded municipal contracts. Villegas-Vargas’ bribe payments and his efforts to conceal those payments resulted in his business being awarded over $9.9 million in municipal contracts in Cataño.
Other public officials in Puerto Rico have already pleaded guilty to receiving bribe payments from JR Asphalt, including the former mayors of Aguas Buenas, Guayama, and Trujillo Alto and the former Directors of Public Works in Guayama and Cataño.
Jose Bou-Santiago, 50, of Bayamon, Puerto Rico, was sentenced yesterday to two years in prison for conspiracy to commit federal funds bribery. According to court documents, in April 2019, Bou-Santiago provided a Rolex watch to the mayor of Cataño in exchange for a future municipal contract for Bou-Santiago’s company, Bou Maintenance Service. Specifically, in June 2019, Bou Maintenance Service was awarded a construction contract by the municipality valued at approximately $190,000.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the cases.
Trial Attorneys Nicholas W. Cannon and Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Chief of the Financial Fraud and Public Corruption Section Seth A. Erbe for the District of Puerto Rico prosecuted the cases.
24 Individuals Indicted for Conspiracy to Possess with Intent to Distribute and Distribution of CocaineRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned a seven-count indictment charging 20 men and four women with trafficking cocaine in the District of Puerto Rico, beginning in 2017. The Drug Enforcement Administration (DEA) oversees the investigation, with the collaboration of Homeland Security Investigations (HSI), the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), U.S. Customs and Border Protection (CBP), the Puerto Rico Police Bureau (PRPB), Ponce Municipal Police, and the Puerto Rico Department of Treasury. The United States Marshals Service also collaborated during the arrests.
According to the charging document, from 2017 through the date of the return of the indictment, 24 individuals conspired to possess with intent to distribute cocaine. The defendants are:
Arthur W. Rodríguez-Sánchez, a.k.a. “Drizmali/Chino/Quemao/Templo/Chal/Chal F”
Emmanuel Rodríguez-Rodríguez, a.k.a. “Jibaro”
Smill E. Gómez- De La Cruz, a.k.a. “Pampara/Pompera/Pampera/Carlos/Carlitos”
Ruben E. Vidal-Flores
Juan C. Cuevas-Feliz
Yan C. García-Pola
Victor X. Zorrilla-Mejías
Wilfredo R. Vázquez-López, a.k.a. “W/Www”
José A. Aquino-Perales
Alexis Abreu-Cordero, a.k.a. “El Viejo/Alexis/Alexis Ozuna-Cordero”
Peter J. Reyes-Suárez
Ángel L. Hernández-Díaz, a.k.a. “Coly/Coli/Coli El Fuerte”
Ángel L. Santiago-Rivera
Jorge Rodríguez-Flores
Héctor Zayas-Schulze
José Velázquez-Madera
Kenneth A. Cruz-Fontánez
Michael Agrinsoni-Mejías,
José M. Hidalgo-Duarte
Jesús H. Vega-Rivera, a.k.a. “Gipeta/Jipeta/Millonario 27”
Verónica Questell-Rodríguez
Deyanira Velázquez-Álvarez
Kailyn N. Rivera-Torres
Zuleyka Torres-Mejías
Also, 21 defendants are charged with conspiracy to possess with intent to distribute cocaine aboard a vessel subject to the jurisdiction of the United States and conspiracy to import cocaine from the countries of Colombia, Venezuela, and the British Virgin Islands, and the United States Virgin Islands, into Puerto Rico.
The defendants made multiple trips between Puerto Rico and the British and U.S. Virgin Islands to transport narcotics. During their smuggling ventures, the defendants used two or three vessels in order to distract law enforcement officers. In addition, they recruited trusted females that could pose as decoys in the vessels to district law enforcement. They also recruited defendant José A. Aquino-Perales, a PRPB FURA police officer that acted as a lookout in Puerto Rico for the drug trafficking organization.
“Today’s arrests dismantle an organization that coordinated not only the international smuggling of drugs, but also the movement of drug proceeds, which is essential to the success of these illegal activities,” said U.S. Attorney Muldrow. “We will continue maximizing our multi-agency efforts and will combine resources to investigate and prosecute those who smuggle drugs into Puerto Rico.”
In addition to the drug trafficking charges, four defendants are charged with conspiracy to launder monetary instruments, which involved the proceeds of dealing in controlled substances.
The defendants are facing a forfeiture allegation of the following property:
- A lot of land located at Bo. Calabazas, in Yabucoa, Puerto Rico
- A two-level house located at Urbanization Vista de Lago Campo, in Trujillo Alto, Puerto Rico
- Property located in Urbanization Villa Del Rey, Section IV, Lot 12, 4-G, located in Caguas, Puerto Rico
- Property located at Sector Coco Barrio Jueyes, in Salinas, Puerto Rico
- Six vessels
If convicted, the defendants face a minimum sentence of 10 years in prison, and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney (AUSA) and Chief of the Transnational Organized Crime Section Max J. Pérez-Bouret; Deputy Chief of the Transnational Organized Crime Section, AUSA María L. Montañez-Concepción; and AUSA Jorge L. Matos are in charge of the prosecution of the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Individual Sentenced to 293 Months in Prison for Sexual Exploitation of Minors via the Internet and Social Media ApplicationsRead the Press Release
SAN JUAN, Puerto Rico – Today, United States District Court Senior Judge Francisco A. Besosa sentenced Wilberto Ramos-Candelaria to 24 years and 5 months in prison followed by 15 years of supervised release for production of child pornography and for soliciting and receiving the child exploitation material via the internet and social media applications. Ramos-Candelaria was charged in a federal Superseding Indictment on August 14, 2020 and plead guilty on September 30, 2022.
According to court documents, from May 2017 to August 2019, Wilberto Ramos-Candelaria, used, induced, enticed, and coerced 12 identified female minors, ranging from 12 to 16 years of age, to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. The defendant communicated in a sexually explicit manner with the female minors via a profile in Instagram and solicited and received the sexually explicit images from the female victims via chats. Defendant used those images to further demand and coerce the male minors to send more explicit images under the threat of publicizing the images in social media if the minors did not comply.
Enticing and coercing minors to send sexually explicit images of themselves is a serious federal offense. The production of child pornography material has a statutory minimum sentence of 15 years of imprisonment and the coercion and enticement of minors via the internet and social media applications to engage in illegal sexual conduct, which includes the production of the sexually explicit images, carries a mandatory minimum sentence of 10 years of imprisonment up to life.
The Department of Homeland Security Investigations (HSI), Puerto Rico Crimes Against Children Task Force investigated the case.
“Our children, who are the most vulnerable and innocent in our society, deserve every measure of protection we can give them,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “As this prosecution shows, we will use every tool we have to investigate and prosecute all child exploitation criminals.”
“This sentencing highlights the hard work of Law Enforcement Officers assigned to the Puerto Rico Crimes Against Children Task Force,” said Acting Special Agent in Charge Rebecca C. González-Ramos “We are vigilant and will bring to justice those that harm one of the most vulnerable section of our society.”
The U.S. Attorney’s Office and the Puerto Rico Crimes Against Children Task Force encourages the public to report suspected child predators and any suspicious activity by contacting HSI at 787-729-6969; through its toll-free Tip Line at 1-866-DHS-2-ICE; or by completing its online tip form.
Assistant U.S. Attorney Jenifer Hernández-Vega, Chief of the Child Exploitation and Immigration Unit, prosecuted the case.
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Department of Justice Announces Joint Efforts for the Inspection of Animals at the Dr. Juan A. Rivero ZooRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow announces the coordination of efforts between the United States Department of Justice and the Puerto Rico Department of Environment and Natural Resources with respect to the health and welfare of the animals housed at the Dr. Juan A. Rivero Zoo and the holding facility known as the Centro de Detención en Cambalache (collectively the “Zoo”).
The United States Attorney’s Office for the District of Puerto Rico and the Department of Justice’s Environmental and Natural Resources Division have arranged, with the assistance and collaboration of the Puerto Rico Department of Environment and Natural Resources, for an inspection and evaluation process with respect to the Zoo animals. The inspection and evaluation will be conducted by a team of veterinarians and specialists from The Wild Animal Sanctuary. The Wild Animal Sanctuary operates four wildlife sanctuaries in Colorado and Texas encompassing more than 33,000 acres.
The United States Department of Justice, together with our agency partners in the United States Fish & Wildlife Service and the United States Department of Agriculture, remain committed to working with the Puerto Rico Department of Environment and Natural Resources and other Commonwealth officials towards a comprehensive resolution with respect to the health and safety of the Zoo animals.
“We greatly appreciate the cooperation of Secretary Anais Rodríguez Vega and her efforts with respect to the health and welfare of the Zoo animals,” said United States Attorney Muldrow. “Working expeditiously together with Secretary Rodríguez Vega and other Commonwealth officials towards our common goal of ensuring the safe and humane care for all Zoo animals is a top priority of the Justice Department.”
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HSI Arrest Teacher for Transferring Obscene Material to a Minor and Attempted Receipt of Child Exploitation MaterialRead the Press Release
SAN JUAN, Puerto Rico – On Friday, February 10, 2023, Homeland Security Investigations (HSI) arrested an Arecibo man for violation to Title 18, United States Code, Section 2252 (a)(2), which criminalizes the attempted receipt of any visual depiction that involves a minor engaging in sexually explicit conduct and Title 18, United States Code, Section 1470, which criminalizes the transfer of obscene material to a minor. The arrest follows an investigation by HSI, in cooperation with the Puerto Rico Department of Education and the United States Attorney’s Office for the District of Puerto Rico.
According to the indictment, on or about May 17, 2020, Jonathan Ortiz-Medina, 36, did knowingly transfer obscene matter to an individual who had not attained the age of sixteen and attempted to receive from a female minor via messaging services images depicting the minor engaging in sexually explicit conduct.
“As a teacher, the defendant held a position of trust in our society – which he betrayed when he committed the alleged illegal conduct,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “We will continue to work with our law enforcement partners to aggressively investigate and prosecute persons who exploit minors for sexual purposes and use technology to further victimize these children.”
“Individuals in positions of trust need to understand that there is no place in our society to abuse that trust and taint the position of our teachers. Our schools have no place for predators, our children need to feel safe at school,” said Acting Special Agent in Charge Rebecca González-Ramos. “To those contemplating abusing positions of public trust, we will continue working with our local and federal partners and using all resources available and robust investigative authorities to identify you, arrest you and prosecute you.”
“The Department of Education will not tolerate any criminal act that affects our school community where an atmosphere of harmony and learning must prevail. We invite any student or employee to report suspicious activity to the social-emotional team, teachers, and security officers in each of our schools,” said Eliezer Ramos Parés, Puerto Rico Department of Education Secretary. “We will continue to collaborate with law enforcement agencies in all investigations, specifically those who threaten our students’ safety.”
On Friday, Ortiz-Medina had his initial hearing before U.S. Magistrate Judge Marcos López. The defendant was transferred to the Guaynabo Metropolitan Detention Center to await further judicial proceedings.
If convicted, Ortiz-Medina faces a statutory minimum sentence of five years up to 20 years of imprisonment followed by a term of supervise release of 5 years up to life for the attempted receipt of child pornography; and up to 10 years imprisonment followed by a term of supervised release of three years for the transfer of obscene material to a minor. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Jenifer Y. Hernández-Vega, Chief of the Child Exploitation and Immigration Unit is prosecuting the case.
HSI is the principal investigative arm of U.S. Department of Homeland Security and a vital U.S. asset in combatting transnational crime and threats. One of HSI’s top priorities is to protect the public from crimes of victimization, and HSI’s child exploitation investigations program is a central component of this mission. HSI is recognized as a global leader in this investigative discipline. HSI utilizes its vast authorities, international footprint and strong interagency and public-private partnerships to identify and rescue child victims, identify and apprehend offenders, prevent transnational child sexual abuse and help make the internet a safer place for children.
For more information about HSI’s efforts to protect children from online sexual abuse, visit https://www.ice.gov/topics/iGuardians.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Girls’ Softball Coach Sentenced to 151 Months in Prison for Transportation of a Minor with Intent to Engage in Criminal Sexual ActivityRead the Press Release
SAN JUAN, Puerto Rico – Dennis Cotto-Alvarado, 45 years old, of Ponce, was sentenced to 151 months (12 years and seven months) in prison and 15 years of supervised release for transporting a female minor with the intent to engage criminal sexual conduct in violation of Title 18, United States Code, Section 2423(a). The FBI investigated the complaint with the collaboration of the Puerto Rico Police Bureau and the Puerto Rico Department of Justice.
According to court documents, Cotto-Alvarado sexually abused a female minor for two years, from on or about June 2017 through February 2019, starting when she was approximately 12 years old. The defendant was a coach for the minor’s softball team and a father figure to her.
“Investigating and prosecuting those who exploit and sexually abuse minors is and will always be a top priority for the Department of Justice,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “I commend the prosecution team and our law enforcement partners who worked tirelessly to seek justice for the victim and hold the defendant accountable for his crimes.”
“The FBI is committed to protecting our most innocent and helpless victims,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “This sentence highlights the efforts by the US Attorney’s Office, who worked alongside the FBI, to bring the fullest brand of justice to the victims in this case. We remain vigilant and urge anyone who believes they have witnessed a crime such as this to call 787-987-6500 or leave an anonymous tip by visiting https://tips.fbi.gov/. Our children are counting on us.”
Assistant U.S. Attorney Ginette Milanés prosecuted the case.
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Former Puerto Rico Senator and Former Mayor of Yauco Sentenced to 18 Months of Imprisonment for Misappropriation of Municipal Funds to Finance His 2016 Senatorial CampaignRead the Press Release
SAN JUAN, Puerto Rico – Today, Abel Nazario-Quiñones, former Puerto Rico senator and former mayor of the municipality of Yauco, Puerto Rico, was sentenced by United States District Court Senior Judge Francisco A. Besosa to serve 18 months in prison, announced United States Attorney W. Stephen Muldrow. The FBI conducted the investigation with the collaboration of the Puerto Rico Comptroller’s Office, and the U.S. Department of Labor (DOL) Office of Inspector General (OIG).
According to court documents, in August 2016, during a routine audit of the municipality’s records, the PR Comptroller’s Office discovered that there were irregular employees paid by the municipality of Yauco who either never showed up for work or showed up sporadically. The subsequent investigation by the FBI resulted in the indictment of Nazario-Quiñones. On September 30, 2022, he pleaded guilty to conspiring with others to misappropriate municipal funds.
Nazario-Quiñones admitted that from 2014 through 2016, he conspired and agreed with co‑defendants [2] Edwin Torres-Gutierrez and [3] Claribel Rodríguez-Canchani that co-defendants [4] Humberto Pagán-Sánchez, [5] Kelvin Ortiz-Vegarra, [6] Ramón Martes-Negrón, [7] Juan Rosario-Núñez, and [8] Eric Rondón-Rodríguez would be hired, on paper, as employees of the municipality and paid from municipal funds knowing that they would not actually work for the municipality but would, instead, work on Nazario-Quiñones’ 2016 senatorial campaign. In total, $50,426.00 in municipal funds were paid for the benefit of Nazario-Quiñones’ campaign.
United States Attorney W. Stephen Muldrow of the District of Puerto Rico; FBI Special Agent in Charge Joseph González; and Michael C. Mikulka, Special Agent in Charge, New York Region, U.S. Department of Labor Office of Inspector General made the announcement.
Assistant U.S. Attorney Scott Anderson prosecuted the case.
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Former Mayor of Aguas Buenas Pleaded Guilty for Accepting BribesRead the Press Release
SAN JUAN, Puerto Rico – The former mayor of Aguas Buenas, Puerto Rico, Javier García-Pérez, pleaded guilty today to one count of conspiracy for his involvement in a bribery scheme in which he received cash payments in exchange for the awarding of municipal contracts and the payment of invoices related on those contracts.
According to court documents, Javier García-Pérez, 46, of Aguas Buenas, was involved in a bribery conspiracy in which, from 2017 through 2021, he received and accepted cash payments from two businessmen in exchange for awarding municipal contracts for waste disposal services, asphalt and paving services, and debris removal and paying outstanding invoices on the contracts. Specifically, García-Pérez received at least $32,000 in cash payments from August 2020 through September 2021 from the two businessmen.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Assistant U.S. Attorney Scott Anderson for the District of Puerto Rico and Trial Attorney Nicholas W. Cannon of the Criminal Division’s Public Integrity Section and are prosecuting the case.
These cases are part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matters, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts. See United States v. Félix Delgado-Montalvo, 21-463 (RAM); United States v. Oscar Santamaria-Torres, 21-464 (RAM); and United States v. Raymond Rodríguez, 21-465 (RAM); United States v. Mario Villegas-Vargas, 21-468 (FAB); United States v. Radamés Benítez-Cardona, 21-475 (PAD); United States v. Luis Arroyo-Chiques, 21-485 (SCC); United States v. Eduardo Cintron-Suarez, 22-151 (SCC); United States v. Ramon Conde-Melendez, 22-221 (PAD); United States v. Pedro Miranda-Marrero, 22-251 (RAM); United States v. Jose Cruz-Cruz, 22-276 (SCC); and United States Jose Bou-Santiago, 22-379 (ADC).
Additionally, the department recently obtained indictments charging additional former officials with bribery related to municipal contracts, and those cases are still pending. See United States v. Ángel Pérez-Otero, 21-474 (ADC); and United States v. Reinaldo Vargas-Rodríguez, 22-186 (PAD).
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Three Individuals and One Company Indicted for Introducing Adulterated and Misbranded Devices into Interstate Commerce and Mail Fraud ConspiracyRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned an indictment on February 1, 2023 charging Elberto Berdut-Teruel, Wanda L. Carballo-Cabrera, María Santos-Carballo, and Magnetic Healer of PR Inc. with conspiracy and introduction of adulterated and misbranded devices with intent to defraud and mislead, conspiracy to commit mail fraud, and alteration of a device after shipment in interstate commerce.
According to court documents, the defendants unlawfully enriched themselves and operated the company Magnetic Healer of PR Inc. to sell devices containing magnets (“healing magnets”) which were advertised as being effective in the cure, mitigation, treatment, and prevention of diseases in humans, which included COVID-19, migraines, depression, insomnia, Parkinson’s disease, Alzheimer’s disease, autism, and cancer, among others. The indictment alleges that the defendants generated proceeds from the unlawful sale of the devices, which were adulterated and misbranded for purposes of the Federal Food, Drug, and Cosmetic Act (the FDCA) and seeks the forfeiture of a money judgment totaling $327,047.56.
One purpose of the FDCA is to ensure that devices and drugs sold to prevent, cure, or treat diseases are safe and effective for their intended uses and bear labeling that contain true and accurate information and have adequate directions for use. The FDCA prohibits, among other things, the knowing introduction and delivery in interstate commerce of a device that is misbranded or adulterated.
The devices that the defendants sold were misbranded under the FDCA because the defendants marketed and sold devices without notifying and obtaining the necessary approval from the United States Food and Drug Administration (FDA). The lack of approval from the FDA also made the devices adulterated for purposes of the FDCA. Furthermore, the devices were misbranded because their the labeling was false and misleading; the labeling failed to bear adequate directions for use; and the labeling lacked adequate warnings.
The defendants obtained parts for the devices via the mail from vendors outside of Puerto Rico and assembled the devices in Puerto Rico. They promoted the devices on social media and websites, including www.elbertoberdut.com and www.magneticbiotherapy.com. The defendants falsely claimed that the devices did not require FDA approval, had been submitted for FDA approval, and were FDA Authorized, using an official “FDA authorized” logo. The defendants sold the devices via the same websites and at the company’s physical address in San Juan, Puerto Rico.
Elberto Berdut-Teruel was the president, secretary, treasurer, and resident agent of Magnetic Healer of PR Inc. Wanda L. Carballo-Cabrera and María Santos-Carballo were employees of the company.
“Companies that sell medical products put their customers at risk when they misrepresent the quality, safety, or effectiveness of those products,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “Working with the FDA and other law enforcement partners, we are committed to holding individuals and companies accountable for violating the integrity of the FDA approval process, which directly impacts public health and safety.”
“The FDA continues to actively monitor the marketplace for fraudulent products related to our battle against COVID-19 as well as other diseases and conditions,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “We will continue to take appropriate action against those who choose to mislead consumers and attempt to subvert the legitimate device regulatory regime.”
The defendants are scheduled for their initial court appearance today before U.S. Magistrate Judge Bruce McGiverin of the U.S. District Court for the District of Puerto Rico. If convicted, the defendants face a maximum penalty of 20 years in prison. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDA – Office of Criminal Investigations is investigating the case. Assistant U.S. Attorney Victor O. Acevedo-Hernández is prosecuting the case.
For more information about the FDA, the products it regulates, and public safety notices, please visit www.FDA.gov or www.FDA.gov/about-fda/fda-en-espanol.
To report an adverse event or serious problem to the FDA, please visit https://www.fda.gov/safety/reporting-serious-problems-fda/how-consumers-can-report-adverse-event-or-serious-problem-fda or https://www.fda.gov/safety/reporting-serious-problems-fda/como-los-consumidores-pueden-reportar-eventos-adversos-o-problemas-serios-la-fda.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Media Producer Convicted of Extortion and Obstruction of JusticeRead the Press Release
WASHINGTON – A federal jury convicted a Puerto Rican man today of extortion and obstruction of justice related to his involvement in a scheme to obtain money in exchange for preventing the release of chat messages involving senior officials in the Government of Puerto Rico.
According to court documents and evidence presented at trial, Sixto Jorge Díaz Colón, 54, of San Juan, attempted to extort a public official in the Government of Puerto Rico in June 2019. Díaz Colón attempted to secure a $300,000 payment and other things of value from the official in exchange for the assurance that certain Telegram chat messages containing damaging information about various public officials in the government would not be disclosed publicly. When approached by the FBI in July 2019, Díaz Colón deleted messages containing information about his involvement in the scheme before surrendering his cellular telephone to the authorities.
Díaz Colón was convicted in the District of Puerto Rico of one count of attempted extortion, one count of interstate extortion, and one count of obstruction of justice. He is scheduled to be sentenced on May 5 and faces a maximum penalty of 20 years in prison on the top counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI San Juan Field Office investigated the case.
Trial Attorney Michael N. Lang of the Criminal Division’s Public Integrity Section (PIN) and Assistant U.S. Attorney Myriam Fernández-González for the District of Puerto Rico are prosecuting the case. Former PIN Trial Attorney James Pearce and Trial Attorney Byron Jones of the Criminal Division’s Computer Crime and Intellectual Property Section also provided assistance.
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