Southern District of Texas
Press releases recorded for this federal judicial district.
Houston Man Convicted of Lying and Buying FirearmsRead the Press Release
HOUSTON – Kenny Davalos, 24, of Houston, has entered a plea of guilty to conspiracy to make and making a false statement to a federal firearms licensee (FFL), United States Attorney Kenneth Magidson announced today.
Davalos was arrested along with three others in May 2013. Charles Smith, 27, Ashley Phlegm, 26, and Dyneisha Jackson, 28, all of Houston, have all also pleaded guilty and are pending sentencing.
The investigation into the conspiracy was initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in November 2012. During the course of the investigation, ATF learned Davalos had originally contacted Smith about buying guns for him to send to Mexico, but Smith refused due to his status as a convicted felon. However, Smith put Davalos in contact with Jackson (Smith’s sister) and Phlegm (Smith’s fiancée), whom Davalos paid $200 each to purchase a total of seven firearms for him to send to Mexico.
In late October 2012, a GP WASR-10 7.62x39mm rifle was discovered during a raid on members of a drug trafficking organization in Monterrey, Nuevo Leon, Mexico. ATF agents traced the weapon to Jackson who purchased it on Sept. 28, 2012, from Collectors Firearms, an FFL in Houston. Jackson also admitted to purchasing a DPMS A-15 rifle from the same FFL in August 2012 and a Beretta Model: 92FS pistol in September 2012 from Carters Country in Houston.
Phlegm and Smith admitted to purchasing a total of four guns for Davalos - a Bushmaster Carbon 15 rifle, two Romarm GP WASR-10/6 rifles and a FN Fabrique National pistol.
Agents intercepted Jackson buying a Romarm Model WASR 10/63 semi-automatic rifle and delivering it to Davalos. Upon his arrest, agents found five rounds of .223 live ammunition, 20 rounds of 7.62x39 Tulammo live ammunition and one empty Glock box for a .40 caliber Glock Model 22 along with $1,340 in cash and a Mexican identification card.
Davalos will remain in custody pending sentencing, which has been set for Oct. 3, 2013, at 2:00 p.m.
Assistant U.S. Attorney Megan J. Paulson is prosecuting this case.
Houston Man and His Father Head to Prison for Debt Relief ScamRead the Press Release
HOUSTON - Nathaniel Chilo, aka Nathaniel O’Neil, 23 of Houston, has been sentenced to prison for his role in perpetuating a debt relief scam with his father, United States Attorney Kenneth Magidson announced today. Chilo pleaded guilty Sept. 21, 2012, admitting that between September 2009 and September 2010, he assisted his father, Jeffery Wayne O’Neil, 55, of Houston, in promoting a number of debt relief/elimination schemes to individuals throughout the United States.
Today, U.S. District Judge Ewing Werlein Jr., who accepted the guilty plea, handed Chilo and O’Neil respective sentences of 70 and 78 months. Chilo was ordered to pay restitution in the amount of $130,176.09, while his father will pay $661,980.95. Both will serve three years of supervised release following completion of their sentences. In handing down the sentence, Judge Werlein noted the plight of the victims, hard pressed by bankruptcy, credit card debt and out of jobs thinking that O’Neil was going to help them.
O’Neil admitted that between June 2005 and Sept. 7, 2010, he promoted a number of debt relief/elimination schemes to individuals throughout the United States. He operated various debt relief businesses in the Houston area under different names including, but not limited to, J. O’Neil/Associates Inc., World Outlook, World Outlook Management (WOM) and Universal Restoration, none of which were licensed by the Texas Office of Consumer Credit Commissioner, according to court documents.
O’Neil made numerous false representations to his “clients” and used a program called the “Debt Reconciliation Program” or “Debt Relief Program,” referred to as “DRP,” charging each client a percentage of debt as a fee for participating in the DRP. The basis of the DRP was that once a creditor cashed a check with an attached novation agreement from WOM, one of O’Neil’s businesses, the creditor was then allegedly agreeing to accept that novation agreement and look to only WOM for payment of the debt.
O’Neil admitted that in June 2009, he caused two individuals to send a cashier’s check to WOM by Federal Express to pay for their participation in the DRP and to also sign assignments of debt, assigning a credit card debt to WOM. He further caused one of these individuals to sign a novation agreement for that debt. O’Neil admitted that he fraudulently led these individuals to believe that by their signing the assignment of debt, execution of the novation agreement and their payment to WOM to participate in O’Neil’s DRP program their debt would be eliminated when it did not.
At the time of conviction in this case, Chilo admitted he knowingly made false representations to individuals seeking debt relief through various programs offered by Jeffery O’Neil. He further admitted that on Feb. 4, 2010, he filed an assumed name for a business by the name of Universal Restoration in Ft. Bend County which would allegedly provide relief from various types of debt. Chilo admitted he caused an individual on or about July 12, 2010, to wire transfer $5600 from that person’s bank account in Arizona to the bank account for Universal Restoration in Houston. The transfer was made as a result of Chilo’s representation that he had negotiated a settlement of a debt owed by that person to Navy Federal Credit Union. According to Chilo’s representation, this person was to pay 40% of the settlement amount and Universal Restoration would pay the remaining 60%. Chilo admitted he paid no money to Navy Federal Credit Union on that person’s behalf to settle the debt. Finally, Chilo admitted that the settlement offer he made was fraudulent and that Navy Federal Credit Union never authorized the settlement.
Chilo will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. O’Neil was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney John Braddock.
Vehicle Pursuit from Falfurrias Checkpoint Results in Significant SentenceRead the Press Release
CORPUS CHRISTI, Texas – Nelson Alanis-Alanis, 29, of Palmview, has been handed a significant sentence following his conviction for possession with intent to distribute approximately 96 kilograms of marijuana, United States Attorney Kenneth Magidson announced today. Alanis-Alanis pleaded guilty on April 19, 2013.
Today, Senior U.S. District Judge Hayden Head handed Alanis-Alanis a sentence of 135 months in federal prison to be followed by a three-year-term of supervised release.
At the hearing, Judge Head heard testimony from Border Patrol agents that Alanis-Alanis drove a 2004 Freightliner tractor-trailer into the Falfurrias U.S. Border Patrol checkpoint on March 12, 2013. When he was directed by Border Patrol agents to an area for further inspection, Alanis-Alanis instead fled northbound on U.S. Highway 281 at speeds of approximately 70 miles per hour. Agents pursued the tractor-trailer and, at one point, were forced into the median by Alanis-Alanis when he jerked the wheel, bringing the tractor-trailer across both lanes of traffic and into the shoulder. Alanis-Alanis later admitted he intended to run the agents off the road.
Agents also testified that the pursuit continued through the town of Falfurrias, approximately 13 miles north of the checkpoint, where Alanis-Alanis ran a red light and narrowly missed cross-traffic. He also drove through a closed section of roadway and crashed through several barricades. Heavy equipment was in operation at the time and many construction workers fled the path of the tractor-trailer. Finally, Alanis-Alanis jumped from the tractor, leaving it running and in gear, and headed toward the grounds of an a elementary school. A Border Patrol agent ran from his vehicle and climbed into the cab of the moving tractor in order to stop it. Alanis-Alanis was apprehended shortly thereafter.
Following the testimony, Judge Head described the defendant’s behavior as “outrageous,” and indicated that what concerned him most was what happened to the two Border Patrol agents. “You attack all persons of the United States when you attack someone representing the United States and its lawful authority,” Judge Head said.
Alanis-Alanis has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by Border Patrol and Homeland Security Investigations. Assistant United States Attorney Jeffrey D. Preston prosecuted the case.
RGV DME Owner Gets 12 Years in Federal Prison for $11 Million Health Care Fraud SchemeRead the Press Release
McALLEN, Texas - The owner of a now defunct McAllen area durable medical equipment (DME) business has been ordered to prison for his role in a conspiracy and scheme to defraud Medicare and Medicaid through fraudulent billings, United States Attorney Kenneth Magidson and Texas Attorney General Greg Abbott announced today. The scheme involved approximately $11.1 million in false claims to Medicare and Medicaid.
Former RGV DME Owner Marcello Herrera, 40, along with his wife Carla Cantu Herrera, 32, and their former employee Ramon De La Garza, 52, all of Mission, pleaded guilty on Feb. 21, 2013, to conspiring to defraud Medicare and Texas Medicaid. Beatriz Ramos, 28, of Edinburg, a former biller for RGV DME, pleaded guilty to the conspiracy on Oct. 16, 2012. Marcelo Herrera and De La Garza also pleaded guilty to one count of aggravated identity theft for unlawfully using the identity of a beneficiary to bill Medicare and Medicaid $5,000 for a power wheelchair that was not requested, prescribed, needed or delivered.
Today, Marcello Herrera was handed a sentence of 120 months for the conspiracy conviction in addition to a mandatory 24-month-term for aggravated identity theft which must be served consecutively to the other sentence imposed, resulting in a total 144 months in federal prison. He will also serve three years of supervision following his release. In addition to the prison sentence, he was ordered to pay restitution to Medicare and Medicaid in the amount of $6,103,953.74.
As part of his plea of guilty, Marcelo Herrera agreed to the entry of a money judgment against him in the sum of $6,103,953.74 and to forfeit wheelchairs, scooters and other DME items discovered in his leased storage facility in Alamo, which had been rented by him and ultimately seized by the FBI.
From early 2004 through late 2011, Marcello Herrera, who did business as RGV DME in the McAllen area, engaged in and directed a scheme to submit fraudulent claims to Medicare and Texas Medicaid for power wheelchairs, incontinent supplies, hospital beds and mattresses as well as other DME supplies. At various times, his wife, Carla Cantu Herrera - who admitted to being marketing director, chief financial officer, chief operating officer, office manager, human resources manager and co-owner of RGV DME - and billers De La Garza and Ramos all participated in the conspiracy and aided Marcello Herrera and each other in the submission of fraudulent billings, wire fraud and theft of the identities of beneficiaries and doctors.
In court on Feb. 21, 2013, Marcelo Herrera admitted that during the time of his fraudulent scheme, he submitted or caused the submission of more than $11.1 million in false and fraudulent claims to Medicare and Texas Medicaid for which he illegally received in excess of $6.1 million. Carla Herrera admitted that during her participation in the conspiracy, the fraudulent billings exceeded $9.9 million for which they received illegal payments exceeding $5.5 million, while De La Garza admitted that during his participation in the conspiracy the fraudulent billing exceed $9.6 million for which payments exceeded $5 million. Marcelo Herrera, Carla Herrera and De La Garza admitted that approximately 85% of their Medicare and Texas Medicaid billings were false and fraudulent.
The three defendants in court on Feb. 21, 2013, also admitted that marketers were used to obtain Medicare and Medicaid identification numbers and other information from beneficiaries which they in turn used to fraudulently bill Medicare and Medicaid for DME that was either never prescribed or prescribed but never delivered. The Herreras further acknowledged they or their marketers attempted to obtain referrals of patients or orders for DME from doctors in exchange for gifts.
Ramon De La Garza will be sentenced July 24, while Beatriz Ramos and Carla Herrera are set for Aug. 27 and Sept. 18, 2013, respectively.
Marcelo Herrera has been in custody since his arrest on June 12, 2012. He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the FBI, the U.S. Department of Health and Human Services-Office of Inspector General and the Texas Attorney General’s Medicaid Fraud Control Unit. Special Assistant United States Attorney Rex Beasley and Assistant United States Attorney (AUSA) Grady Leupold are prosecuting the case. AUSAs Mary Ellen Smyth and Kristine Rollinson assisted with the asset forfeiture aspects of the case.
Conroe Man Guilty of Interstate Transportation of A MinorRead the Press Release
HOUSTON – Jacob Daniel West, 33, has entered a plea of guilty to transporting a minor with the intent to engage in sexual activity, United States Attorney Kenneth Magidson announced today.
According to the factual basis as presented in court, West travelled with the 14-year-old minor female from Texas through several states over the course of approximately a week in January 2013. They travelled together through Oklahoma, Arkansas, Tennessee, New York, Virginia and the Carolinas before arriving in Florida.
The victim had engaged in sex acts on previous occasions with West, who was a neighbor of her mother and father in Conroe. She was legally in the custody of her grandmother but had been staying with her parents on occasion at the time she left the area with West.
On Jan. 28, 2013, the St. Lucie County Sheriff’s Office in Ft. Pierce, Fla., located West’s car at a Sleep Inn hotel. West had rented a room at the hotel the previous night during which time he engaged in sexual activity with the victim. Officers had observed the room and arrested West as he exited.
West admitted he stole an AR-15, hand guns, money and credit cards from a deceased friend in Texas prior to leaving the state with the victim.
U.S. District Judge Sim Lake, who accepted the guilty plea today, has set sentencing for Sept. 25, 2013, at which time West faces a minimum of 10 years and up to life in prison as well as a $250,000 fine.
FBI and the U.S. Marshals Service investigated.This case, prosecuted by Assistant United States Attorney Sherri Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Jury Convicts Inmate in Meth Trafficking ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – Juan Ledezma, 40, of Brownsville, has been convicted by a federal jury of drug trafficking in a conspiracy that involved gang leadership both inside and outside of the Texas prison system, United States Attorney Kenneth Magidson announced today. The jury returned its guilty verdict just a short time ago after two days of trial and one hour of deliberation.
Ledezma was one of the final defendants to be found guilty in a 13-count indictment that involved 31 others, 13 of whom are former McConnell Unit prison guards. Of the 32 defendants in the case, 29 have now been convicted and two are fugitives. The final defendant, Melissa Lozano, is set for trial on July 22. She is presumed innocent unless and until proven guilty through due process of law.
During the trial, the jury heard testimony that Ledezma acted as an intermediary between drug traffickers in south Texas and Mexico. He had connections to drug suppliers and, utilizing illegal cell phones smuggled in by corrupt guards, coordinated with other prisoners to organize drug deals inside and outside the prison. Jurors heard that prisoners had made phone calls to Ledezma while in the McConnell Unit of Texas Department of Criminal Justice (TDCJ). In these calls, Ledezma agreed to help arrange for six pounds of methamphetamine to be purchased in Corpus Christi and distributed in Arkansas. The buyers of the methamphetamine were to pay more than $20,000 per pound of the drug.
Ledezma and others stood to make thousands of dollars in profit from inside their prison cells on this one deal alone. The jury also heard that agents with Homeland Security Investigations (HSI) watched as a transfer of a sample of the drug took place in McAllen. The drug deal ultimately was unsuccessful, yet resulted in conspiracy charges for Ledezma and others. Numerous other inmates and gang members on the street have also pleaded guilty in this and prior related prosecutions, including Preston Mascorro, Jerome Aranda, Israel Plazola, Michael Ornelas, Jose Manuel Ledezma, Rudy Rodriguez, Anthony Torres, Ricky Alejandro, Martin Guardiola III and Stephen Ayala, resulting in lengthy federal sentences.
Ledezma faces up to life in prison and an $8 million fine. He will remain in custody pending sentencing.
These convictions were the result of an ongoing investigation dubbed Operation Prison Cell being conducted jointly by special agents with HSI, Internal revenue Service – Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Texas Department of Criminal Justice – Office of Inspector General and the Corpus Christi Police Department Gang and Organized Crime Units.
The case is being prosecuted by Assistant United States Attorney Mark Patterson and Michael Hess.
Houston Man Handed Sentence in Area Armored Car RobberiesRead the Press Release
HOUSTON – Walter Keitric Freeman, 24, of Houston, has been ordered to federal prison following his conviction in the robbery and attempted robbery of two armored cars operating in and around Houston, United States Attorney Kenneth Magidson announced today. Freeman entered a plea of guilty Friday, April 12, 2013.
Today, U.S. District Judge Gray H. Miller handed Freeman a sentence of 57 months for his conviction of conspiracy to interfere with commerce by robbery as well as a consecutive sentence of 10 years for discharging of a firearm during the commission of a crime of violence. Following his total 177-month sentence, Freeman will be on supervised release for five years. Freeman will also be jointly and severally liable to pay back the money stolen from a Loomis Armored truck on Nov. 21, 2009.
Four others also charged in the case - Hendrick Dwayne Lynn, 30, Chad Eric Haywood, 24, and Corinthians Lachell Phillips, 28, all of Houston, and Allen Moore Jr., 46, of Dallas – had previously also entered guilty pleas for their roles in the crimes and will be sentenced in September 2013. Lynn and Haywood were both convicted of two counts of interference with commerce by robbery, while Lynn and Phillips also admitted to the conspiracy charge. Haywood also pleaded guilty to a count of discharging a firearm during a crime of violence as did Moore who was further convicted of interference with commerce by robbery.
Loomis Armored US Inc., who operated the trucks during the alleged robbery and robbery attempt, maintains offices throughout the United States and was engaged in the business of secured armored transport of United States currency in interstate commerce and in picking up and delivering United States currency to financial institutions and check cashing businesses, both of which are industries which affect interstate commerce.
Lynn, Haywood and Moore were charged with their involvement in the Aug. 7, 2009, attempted robbery of a Loomis armored truck at the Bank of America at 3704 Old Spanish Trail in Houston. Lynn drove to the location, at which time Haywood and Moore, who were armed with Glock pistols, jumped out and shot at the guard. The guard has since recovered. The guard had been filling an ATM machine, but it was already locked and no money was obtained.
The second incident occurred on Nov. 21, 2009, at which time another guard was shot. On that date, Lynn drove Freeman and Haywood to Senor Check Cashing Store #2 located at 5950 S. Gessner Rd. in Houston. Freeman fired his pistol and shot in the direction of the guard. The guard was hit, but survived. On that same date, Phillips drove a second vehicle to the Gessner location and, following the robbery, switched vehicles with Haywood, Freeman and Lynn.
Phillips has been permitted to remain on bond, while the others have been and will remain in custody pending further criminal proceedings.
The case was investigated by the FBI’s Bank Robbery Task Force and is being prosecuted by Assistant United States Attorney Jennie Basile.Three Charged in Kidnapping of Mission Man Taken into MexicoRead the Press Release
McALLEN, Texas – A criminal complaint has been partially unsealed following the recent arrests of three area residents alleging their involvement in the kidnapping of a Mission resident, United States Attorney Kenneth Magidson announced today.
Roel Garza, 25, of Rio Grande City, was arrested late yesterday and is expected to make an initial appearance this morning before U.S. Magistrate Judge Peter Ormsby. Mexican citizen Orlando Hernandez, 26, and Jose Lorenzo Davila, 24, both of Rio Grande City, were arrested July 4 and 5, respectively.
The three were allegedly involved in the kidnapping of a Mission man which was carried out in retaliation for an alleged theft of more than 100 kilograms of cocaine tied to the Gulf Cartel.
On May 28, 2011, the victim and his wife drove to the residence of a family member in Mission, at which time three vehicles simultaneously arrived, one of which was a white Ford pickup. The driver, Gerardo Villarreal, 23, of Roma, identified himself as a police officer. The victim was placed in the truck and allegedly handcuffed by Davila. Believing her husband had been placed in police custody, the victim’s wife followed the truck but lost sight of it. She called local law enforcement about the “arrest,” at which time she was informed they had no record of such an arrest and he was not in their custody, according to the complaint.
The victim was allegedly struck, blindfolded, gagged and bound with duct tape thereby immobilizing his arms and legs and initially taken to a ranch in the Mission/Alton area. The complaint alleges that after the kidnapping, some or all of the defendants became aware that they had kidnapped the wrong person. However, the victim was still transported in the trunk of a vehicle from the ranch to the Rio Grande River where he was crossed into Mexico and subsequently murdered, according to allegations. The victim was a permanent resident of the U.S. with no criminal record and had no involvement in the theft or sale of cocaine. The victim has not been heard from or seen since this event.
If convicted, all face up to a life in federal prison and a possible $250,000 fine.
Villarreal previously pleaded guilty in a separate, but related, case and is pending sentencing.
The FBI is investigating the case. Assistant United States Attorney Anibal J. Alaniz is prosecuting.
A defendant is presumed innocent unless convicted through due process of law.Tax Attorney Ordered to Prison for Causing Tax Loss of More Than $2 MillionRead the Press Release
HOUSTON – Tax attorney and Certified Public Accountant (CPA) William R. Zweifel has been sentenced for his convictions on two counts of willfully aiding and assisting in the preparation and presentation of U.S. Individual Income Tax Returns that were false or fraudulent, United States Attorney Kenneth Magidson announced today along with Special Agent in Charge Lucy Cruz of Internal Revenue Service – Criminal Investigation (IRS-CI). Zweifel pleaded guilty March 8, 2013.
Today, U.S. District Judge Keith P. Ellison, who accepted the guilty plea, handed Zweifel a total sentence of 37 months and ordered him to pay a $10,000 fine and $250,000 in restitution to the IRS. Zweifel will be required to serve a one-year-term of supervised release and to perform 200 hours of community service following completion of the prison term.
At the hearing, the defense presented documents to the court showing that Zweifel had filed a motion with the Supreme Court of Texas seeking to resign as an attorney and counselor at law in Texas. Documents were also presented indicating that Zweifel had agreed with the Texas State Board of Public Accountancy to a consent order revoking his individual CPA certificate and firm CPA license in Texas.
According to the plea agreement filed in the record of the case, Zweifel acknowledged he was a tax attorney and CPA and that he prepared false income tax returns for some taxpayers that claimed large tax refunds to which the taxpayers were not entitled. The method he used to create a false income tax refund was to offset a taxpayer’s income with an alleged loss from either a partnership in which the taxpayer had no partnership interest or from an S corporation which reported no loss for the taxpayer to claim. Zweifel stipulated in the plea agreement that the tax losses to the United States from the false claims on the two income tax returns listed in the criminal information were approximately $61,000 and approximately $42,000, respectively. Zweifel further admitted that for purposes of determining relevant conduct under the U.S. Sentencing Guidelines, the tax loss to the United States in this case is approximately $2.2 million.
Zweifel has agreed to never again aid or assist in the preparing or presenting of tax returns for any taxpayer other than himself and any entity he owns. He further agreed not to oppose any civil injunction action brought by the United States seeking to enjoin him from preparing income tax returns for anyone but himself and any entity he owns.
Previously released on bond, Zweifel was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
This matter was investigated by IRS-CI and is being prosecuted by Assistant U.S. Attorney Charles J. Escher.
Jury Convicts Long Time Fugitive in Marijuana CaseRead the Press Release
McALLEN, Texas – Alexis Estevez-Alvarez, 45, of Havana, Cuba, has been found guilty of possession with intent to distribute marijuana and a subsequent charge of failure to appear, United States Attorney Kenneth Magidson announced today. The verdict was returned following less than two days of trial and approximately 30 minutes of deliberation.
Estevez-Alvarez was originally charged in 2003, permitted release on bond and set for trial Oct. 3, 2003, before U.S. District Judge Randy Crane. Estevez-Alvarez failed to appear for court and was subsequently indicted on that charge as well.
He remained a fugitive for almost 10 years until apprehended on Oct. 29, 2012. On that date, Alvarez-Estevez was discovered in the bed of a Ford F-150 restrained and inebriated at the Progreso Port-of-Entry after someone had crossed him into the United States and then fled back to Mexico.
The original case began on June 20, 2003, when two former deputies with the Hidalgo County Sheriff’s Office approached a residence in Mercedes seeking consent to search the residence. According to evidence and testimony at trial, deputies then found 42 bundles of marijuana totaling 671 kilograms in a shed next to a pre-fabricated house on the property. Estevez-Alvarez stated he lived on the property with his wife along with another friend for approximately four months.
The government also proved that for the past 10 years Estevez-Alvarez has been able to work and live in both Weslaco and Nuevo Progreso, Tamaulipas, Mexico, as well as maintain a relationship with his now ex-wife.
The defense contended that unknown individuals had “control” of Estevez-Alvarez that prevented him from showing up to court in 2003 and that it was fear of retribution from these individuals that kept him from court over the past decade.
The jury disagreed and found him guilty on both counts as charged.
He faces a minimum of five and up to 40 years in federal prison as well as a possible $2 million fine for the drug charge and another five years and/or a $250,000 fine for failure to appear. He will remain in custody pending his sentencing hearing, set for Sept. 16, 2013, before Judge Crane.
The investigation was conducted by the Hidalgo County Sheriff’s Office and Homeland Security Investigations. Assistant United States Attorney Juan F. Alanis is prosecuting the case.
Two Aryan Brotherhood of Texas Gang Members Plead Guilty to Federal Racketeering ChargesRead the Press Release
HOUSTON - Two members of the Aryan Brotherhood of Texas gang (ABT) pleaded guilty today to racketeering charges related to their membership in the ABT’s criminal enterprise, announced United States Attorney Kenneth Magidson and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Glen Ray Millican, aka “Fly,” 39, and Justin Christopher Northrup, aka “Ruthless,” 28, both of Houston, each pleaded guilty before U.S. District Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.
According to court documents, Millican, Northrup and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang. Millican, Northrup and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.
By pleading guilty to racketeering charges, Millican and Northrup admitted to being members of the ABT criminal enterprise.
According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
At sentencing, scheduled for Sept. 26, 2013, at 2:00 p.m., Millican and Northrup each face a maximum penalty of life in prison.
Millican and Northrup are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges. They are the seventh and eighth defendants, respectively, to plead guilty.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; sheriff’s offices in Harris, Tarrant, Atascosa, Orange and Waller Counties; police departments in Alvin, Carrollton and Mesquite Texas; as well as the Montgomery and Atascosa County District Attorney’s Offices.The case is being prosecuted by the U.S. Attorney’s Office of the Southern District of Texas and the Criminal Division’s Organized Crime and Gang Section.
Several Arrested in Large Scale Methamphetamine ConspiracyRead the Press Release
HOUSTON – An extensive methamphetamine trafficking organization has been dealt a large blow with the indictment of eight individuals on federal drug conspiracy charges, United States Attorney Kenneth Magidson announced today. The indictment, returned under seal June 5, 2013, arose as a result of a two-year investigation culminating in arrests this morning.
“The illegal distribution of methamphetamine especially in the quantities involved in this case receive the fullest attention of the investigative efforts of our joint federal, state and local law enforcement partners.” said Magidson. “It will always be a priority to prosecute major drug trafficking within the Southern District of Texas.”
Among those arrested was Edmundo Reyes aka “Mundo” or “Bossman,” a 34-year-old from Spring who is facing six counts of drug possession and conspiracy. Four others were also taken into custody today - Gerardo Garcia, 34, Delfino Maldonado, 30, Christopher Mejia, 22, and Alexander Reyes, 30, all of Houston. These five made their initial appearances before U.S. Magistrate Judge George Hanks just a short time ago, at which time the indictment was unsealed by order of the court.
Charged and previously in custody are Jeremy Perkins, 32, of Louisiana, and Refugio Ibarra, 26, of Mexico. They are expected to be transferred into federal custody to make their initial appearances in the near future.
An eighth defendant, Salvador Izaguirre, 31, of Houston, is also charged but not as yet in custody. Anyone with information about his whereabouts is asked to contact the U.S. Marshals Service at 713-718-4800.
The seven-count indictment alleges the eight men conspired with one another and others known and unknown from February 2009 through June 2013 to distribute methamphetamine. Reyes is charged in five additional substantive drug trafficking counts. Each of the remaining defendants is also charged in at least one additional substantive count of possessing with intent to distribute various quantities of methamphetamine.
In addition to the arrests today, agents and task force officers executed search warrants at four separate residences, which resulted in the seizure of eight vehicles, more than $30,000, approximately nine ounces of methamphetamine and multiple firearms. The seizures occurred pursuant to forfeiture warrants authorizing the recovery of property alleged to have been purchased with the proceeds of illegal narcotics sales.
If convicted of the conspiracy charge, all defendants face a mandatory minimum of 10 years and up to life imprisonment as well as a $10 million fine. All substantive counts carry an equal or lesser possible sentence depending upon the amount of drugs involved.
The investigation was conducted by the Drug Enforcement Administration, Texas Department of Public Safety Narcotics Division, Houston Police Department and the USMS. Assistant United States Attorneys Mark E. Donnelly and Tim S. Braley are prosecuting.
Several Arrested in Large Scale Methamphetamine ConspiracyRead the Press Release
HOUSTON – An extensive methamphetamine trafficking organization has been dealt a large blow with the indictment of eight individuals on federal drug conspiracy charges, United States Attorney Kenneth Magidson announced today. The indictment, returned under seal June 5, 2013, arose as a result of a two-year investigation culminating in arrests this morning.
“The illegal distribution of methamphetamine especially in the quantities involved in this case receive the fullest attention of the investigative efforts of our joint federal, state and local law enforcement partners.” said Magidson. “It will always be a priority to prosecute major drug trafficking within the Southern District of Texas.”
Among those arrested was Edmundo Reyes aka “Mundo” or “Bossman,” a 34-year-old from Spring who is facing six counts of drug possession and conspiracy. Four others were also taken into custody today - Gerardo Garcia, 34, Delfino Maldonado, 30, Christopher Mejia, 22, and Alexander Reyes, 30, all of Houston. These five made their initial appearances before U.S. Magistrate Judge George Hanks just a short time ago, at which time the indictment was unsealed by order of the court.
Charged and previously in custody are Jeremy Perkins, 32, of Louisiana, and Refugio Ibarra, 26, of Mexico. They are expected to be transferred into federal custody to make their initial appearances in the near future.
An eighth defendant, Salvador Izaguirre, 31, of Houston, is also charged but not as yet in custody. Anyone with information about his whereabouts is asked to contact the U.S. Marshals Service at 713-718-4800.
The seven-count indictment alleges the eight men conspired with one another and others known and unknown from February 2009 through June 2013 to distribute methamphetamine. Reyes is charged in five additional substantive drug trafficking counts. Each of the remaining defendants is also charged in at least one additional substantive count of possessing with intent to distribute various quantities of methamphetamine.
In addition to the arrests today, agents and task force officers executed search warrants at four separate residences, which resulted in the seizure of eight vehicles, more than $30,000, approximately nine ounces of methamphetamine and multiple firearms. The seizures occurred pursuant to forfeiture warrants authorizing the recovery of property alleged to have been purchased with the proceeds of illegal narcotics sales.
If convicted of the conspiracy charge, all defendants face a mandatory minimum of 10 years and up to life imprisonment as well as a $10 million fine. All substantive counts carry an equal or lesser possible sentence depending upon the amount of drugs involved.
The investigation was conducted by the Drug Enforcement Administration, Texas Department of Public Safety Narcotics Division, Houston Police Department and the USMS. Assistant United States Attorneys Mark E. Donnelly and Tim S. Braley are prosecuting.
Jury Finds Mexican Woman Guilty in Meth ConspiracyRead the Press Release
LAREDO, Texas – Rosalva Reyna-Llamas, 30, of Monterrey, Mexico, has been found guilty on all counts as charged - conspiracy to possess with intent to distribute, possession with intent to distribute and importation of methamphetamine, United States Attorney Kenneth Magidson announced today.
Reyna-Llamas was arrested on Feb. 2, 2013, at the Gateway to the Americas Bridge International Port of Entry Bridge I in Laredo. She was driving a blue Mazda CX-7 SUV with State of Nuevo Leon, Mexico, registration. During a Customs and Border Protection (CBP) inspection, an officer discovered nine bundles of methamphetamine weighing 18.24 kilograms hidden in after-market compartments in the side rocker panels of the vehicle.
The jury heard that following her arrest, Reyna-Llamas denied knowledge of the presence of the methamphetamine. According to trial testimony of the officers and agents, she claimed the car was hers and that she wanted to stay in Laredo. However, when questioned by agents with Homeland Security Investigations (HSI), she then claimed the car was purchased for her and that she intended to go to Dallas to pick up luggage for the person who bought her the vehicle. Agents testified that she had plane tickets and a crossing history in her possession demonstrating she had made a flight from Houston to Monterrey the previous day.
U.S. District Judge Diana Saldana, who presided over the two-day trial, will set sentencing at a later date. At that time, Reyna-Llamas faces a minimum of 10 years and up to life in federal prison as well as a possible $10 million fine. Reyna-Llamas has been detained since her arrest on Feb. 2, 2013, where she will remain pending that hearing.
The case was investigated by HSI and CBP. Assistant United States Attorneys Roberto F. Ramirez and Sanjeev Bhasker prosecuted the case.
Jury Finds Mexican Woman Guilty in Meth ConspiracyRead the Press Release
LAREDO, Texas – Rosalva Reyna-Llamas, 30, of Monterrey, Mexico, has been found guilty on all counts as charged - conspiracy to possess with intent to distribute, possession with intent to distribute and importation of methamphetamine, United States Attorney Kenneth Magidson announced today.
Reyna-Llamas was arrested on Feb. 2, 2013, at the Gateway to the Americas Bridge International Port of Entry Bridge I in Laredo. She was driving a blue Mazda CX-7 SUV with State of Nuevo Leon, Mexico, registration. During a Customs and Border Protection (CBP) inspection, an officer discovered nine bundles of methamphetamine weighing 18.24 kilograms hidden in after-market compartments in the side rocker panels of the vehicle.
The jury heard that following her arrest, Reyna-Llamas denied knowledge of the presence of the methamphetamine. According to trial testimony of the officers and agents, she claimed the car was hers and that she wanted to stay in Laredo. However, when questioned by agents with Homeland Security Investigations (HSI), she then claimed the car was purchased for her and that she intended to go to Dallas to pick up luggage for the person who bought her the vehicle. Agents testified that she had plane tickets and a crossing history in her possession demonstrating she had made a flight from Houston to Monterrey the previous day.
U.S. District Judge Diana Saldana, who presided over the two-day trial, will set sentencing at a later date. At that time, Reyna-Llamas faces a minimum of 10 years and up to life in federal prison as well as a possible $10 million fine. Reyna-Llamas has been detained since her arrest on Feb. 2, 2013, where she will remain pending that hearing.
The case was investigated by HSI and CBP. Assistant United States Attorneys Roberto F. Ramirez and Sanjeev Bhasker prosecuted the case.
Parole Officers Charged with Accepting PayoffsRead the Press Release
HOUSTON – Four parole officers from two Texas Department of Criminal Justice (TDCJ) offices in Houston have been indicted for accepting payoffs from parolees, United States Attorney Kenneth Magidson announced today along with FBI Special Agent in Charge Stephen L. Morris, Brad Livingston, TDCJ Executive Director and Bruce Toney, Inspector General of TDCJ – Office of Inspector General (OIG).
"Public officials suspected of corruption can undermine our trust and confidence in government and can tarnish virtually every aspect of American society,” said Morris. “Despite the fact that the vast majority of our country’s public officials are honest hard working Americans, who have dedicated their lives to serve the American people, there are unfortunately a small number who allegedly make decisions for the wrong reasons. The FBI will continue to pursue public corruption as a top priority and encourages anyone with information about potential wrongdoing by a public official to please contact the FBI."
April L. Carson, 35, of Missouri City, and Crystal M. Washington, aka Crystal Bureau, 52, of Houston, were employed at the TDCJ office located at 2410 Hamilton Street in Houston, while Darlene J. Muhammad, 42, and Ernie Rogers, 56, both of Houston, worked at the Houston TDCJ Parole Office at 8345 Telephone Road.
The four were taken into custody today and are expected to make their initial appearances before U.S. Magistrate Judge George Hanks at 2:00 p.m. this afternoon.
“These arrests are the result of an effective partnership with TDCJ - OIG and other law enforcement entities,” said Livingston. “We fully support their efforts to investigate, arrest and ultimately prosecute employees that are suspected of breaking the law.”
The indictment, unsealed today, indicates all of the defendants are responsible for the supervision of inmates within the state of Texas. Included in this responsibility is the supervision of parolees who travel between states and the supervision of their activities to ensure they do not engage in criminal conduct.
Each parole officer named in the indictment allegedly chose to accept money from a parolee in order to allow the parolee to continue his/her illegal narcotics trafficking and distribution activity. Specifically, the indictment alleges each officer accepted payoffs from parolees in the amount of $1000 - $3000 on at least one occasion in order to allow them to continue their criminal behavior.
“The alleged actions of these employees can erode the public’s confidence and damage the integrity of parole officers across the state that perform their duties faithfully every day,” said Toney. “We are committed to rooting out suspected corruption within the criminal justice system.”
If convicted, each faces up to 20 years imprisonment and a possible $250,000 fine.
Anyone suspecting criminal activity or abuse within the TDCJ can make a report by calling the toll-free TDCJ waste/fraud abuse hotline at 1-866-372-8329.
The operation was a combined public corruption task force effort conducted by the FBI, Texas Rangers, Houston Police Department and Office of Inspector General for the Texas Department of Criminal Justice. The case is being prosecuted by Southern District of Texas with the assistance of the Harris County District Attorney’s Office.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Parole Officers Charged with Accepting PayoffsRead the Press Release
HOUSTON – Four parole officers from two Texas Department of Criminal Justice (TDCJ) offices in Houston have been indicted for accepting payoffs from parolees, United States Attorney Kenneth Magidson announced today along with FBI Special Agent in Charge Stephen L. Morris, Brad Livingston, TDCJ Executive Director and Bruce Toney, Inspector General of TDCJ – Office of Inspector General (OIG).
"Public officials suspected of corruption can undermine our trust and confidence in government and can tarnish virtually every aspect of American society,” said Morris. “Despite the fact that the vast majority of our country’s public officials are honest hard working Americans, who have dedicated their lives to serve the American people, there are unfortunately a small number who allegedly make decisions for the wrong reasons. The FBI will continue to pursue public corruption as a top priority and encourages anyone with information about potential wrongdoing by a public official to please contact the FBI."
April L. Carson, 35, of Missouri City, and Crystal M. Washington, aka Crystal Bureau, 52, of Houston, were employed at the TDCJ office located at 2410 Hamilton Street in Houston, while Darlene J. Muhammad, 42, and Ernie Rogers, 56, both of Houston, worked at the Houston TDCJ Parole Office at 8345 Telephone Road.
The four were taken into custody today and are expected to make their initial appearances before U.S. Magistrate Judge George Hanks at 2:00 p.m. this afternoon.
“These arrests are the result of an effective partnership with TDCJ - OIG and other law enforcement entities,” said Livingston. “We fully support their efforts to investigate, arrest and ultimately prosecute employees that are suspected of breaking the law.”
The indictment, unsealed today, indicates all of the defendants are responsible for the supervision of inmates within the state of Texas. Included in this responsibility is the supervision of parolees who travel between states and the supervision of their activities to ensure they do not engage in criminal conduct.
Each parole officer named in the indictment allegedly chose to accept money from a parolee in order to allow the parolee to continue his/her illegal narcotics trafficking and distribution activity. Specifically, the indictment alleges each officer accepted payoffs from parolees in the amount of $1000 - $3000 on at least one occasion in order to allow them to continue their criminal behavior.
“The alleged actions of these employees can erode the public’s confidence and damage the integrity of parole officers across the state that perform their duties faithfully every day,” said Toney. “We are committed to rooting out suspected corruption within the criminal justice system.”
If convicted, each faces up to 20 years imprisonment and a possible $250,000 fine.
Anyone suspecting criminal activity or abuse within the TDCJ can make a report by calling the toll-free TDCJ waste/fraud abuse hotline at 1-866-372-8329.
The operation was a combined public corruption task force effort conducted by the FBI, Texas Rangers, Houston Police Department and Office of Inspector General for the Texas Department of Criminal Justice. The case is being prosecuted by Southern District of Texas with the assistance of the Harris County District Attorney’s Office.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former HPD Officers Convicted for Conspiring to Protect CocaineRead the Press Release
HOUSTON – Two former officers with the Houston Police Department (HPD) have been convicted of conspiracy to violate the Hobbs Act, also known as extortion under color of official right, United States Attorney Kenneth Magidson announced today. Emerson Canizales, 27, of Kingwood, and Michael Miceli, 27, of Humble, were arrested in January 2013 and pleaded guilty just a short time ago before U.S. District Judge Gray H. Miller.
Canizales and Miceli were peace officers with HPD at the time of the offense. They have now admitted they accepted money for providing protection for a vehicle they believed contained cocaine.
A joint agency task force learned the officers were involved in criminal conduct which may involve narcotics and illegal bribes. As part of the investigation, a confidential source approached Canizales and Miceli and asked if they would assist with the protection of a vehicle that was coming through Houston. They agreed.
On Dec. 26, 2012, Miceli and Canizales arrive in a marked patrol car in their official uniforms and followed the source, who was driving a tow truck pulling the vehicle containing the cocaine. The officers provided protection and followed the “load vehicle” from a Target Parking lot to a Sam’s Club parking lot in Houston.
Canizales admitted as part of his plea that he was given $1000 while Miceli was waiting in the patrol car. Miceli acknowledged he received $500 from Canizales after the escort. Both men have also admitted they believed the vehicle contained narcotics though they did not know the type or quantity.
Judge Miller has set sentencing for Sept. 27, 2013, at which time both men face up to 20 years in prison and a possible $250,000 fine. They were permitted to remain on bond pending that hearing.
The operation was an effort conducted by Houston Police Department - Internal Affairs, Drug Enforcement Administration, and High Intensity Drug Trafficking Area Program (HIDTA) Major Drug Squad. The case is being prosecuted by Assistant United States Attorney James McAlister.
Another Sentenced in Relation to Drug and Murder-for-Hire ConspiracyRead the Press Release
LAREDO, Texas – Calvin Epps, 29, of Hopkins, S.C., has been ordered to prison in a drug conspiracy that has also resulted in the conviction of others in a conspiracy to commit murder-for-hire, United States Attorney Kenneth Magidson announced today. Epps, 29, of Hopkins, S.C., was convicted in November 2012 along with Samuel Walker, 29, of Sharon, Miss., following a seven-day trial. Five others entered guilty pleas in relation to the case - Mario Corley, 41, of Saginaw; Marcus Mickle, 21, Robert Corley, 24, and Kevin Corley, 30, all of Columbia, S.C.; and Shavar Davis, 30, of Denver, Colo.
Today, Senior United Sates District Court Judge George P. Kazen sentenced Epps to respective sentences of 120 and 60 months imprisonment for the conspiracy related to drug trafficking and for possessing a firearm during in and in relation to a drug trafficking crime. The sentences will be served consecutively. He was further ordered to pay a $3,000 fine and he will be on supervised release for five years following his 15-year federal sentence.
According to the evidence presented at trial, the investigation began in January 2011 when Mickle began negotiations with persons whom he thought were members of the Los Zetas Cartel, actually undercover Drug Enforcement Administration (DEA) agents, to purchase marijuana in return for stolen weapons. According to the testimony of DEA agents, the discussions concerned the distribution of marijuana in the Columbia area and how Mickle and Epps told undercover agents about a friend in the military who could provide military weapons to them. The agents were later introduced to Kevin Corley, who identified himself as an active duty officer in the Army responsible for training soldiers. According to the agents’ testimony, Kevin Corley offered to provide tactical training for cartel members and to purchase weapons for the cartel.
Over the next several months, Kevin Corley continued to communicate with undercover agents regarding the services he could provide the cartel as a result of the training, experience and access to information/equipment afforded him as an active duty soldier. He later agreed to bring a team and raid a ranch located at or near Laredo containing 20 kilograms of cocaine and conduct a contract killing there in return for a $50,000 fee and five kilograms of cocaine.
During March 2012, Corley arranged for 300 pounds of marijuana to be delivered to Mario Corley in Charleston, S.C. Kevin Corley, Mickle and Epps also brokered 500 pounds of marijuana and five kilograms of cocaine and discussed the distribution of these narcotics in South Carolina, Texas and Colorado.
According to testimony, Kevin Corley further offered to provide security for Mickle and Epps’ purchase of 500 pounds of marijuana for transport from Texas to South Carolina. On Jan. 14, 2012, Kevin Corley, Epps and Mickle all loaded the marijuana into a tractor trailer and attempted to escort it back to South Carolina. However, the tractor-trailer carrying the load was stopped and seized in La Salle County.
On March 24, 2012, undercover agents met with Epps and Mickle in Columbia at a motel parking lot. During this meeting, Epps and Mickle discussed with the undercover agent the pre-arranged purchase of five kilograms of cocaine and 500 pounds of marijuana for which Epps and Mickle were supposed to provide $50,000 as an initial payment. During the meeting, Epps and Mickle were arrested. Epps had a loaded Raven Arms Model MP-25 handgun in his right cargo pants pocket, while Mickle had a loaded Springfield Armory XD-40 handgun as well as a loaded spare magazine. Epps testified at trial that he was not involved in the purchase of the cocaine, only the marijuana and denied intending to carry the Raven Arms handgun as a part of the drug deal.
Also on March 24, Kevin Corley, Walker and Davis traveled to Laredo and met with undercover agents, at which time they discussed the location of the intended victim of the murder-for-hire, the logistics of performing the contract kill and their respective roles. They were soon thereafter arrested and a fourth suspect was shot and killed. Several firearms and ammunition was located within the vehicle in which they arrived.
Walker and Mickle have also been sentenced to 15 years in this case, while Davis received a sentence of 10 years in federal prison. Robert Corley, who pleaded guilty to the marijuana conspiracy, was previously sentenced to 30 months in prison. The remaining two co-defendants, Kevin Corley and Mario Corley have not yet been scheduled for sentencing.
The investigation leading to the charges was conducted by the DEA and the FBI with the assistance of U.S. Army Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorneys Roberto Ramirez and Jody Young.Another Plea in Panama Unit CaseRead the Press Release
McALLEN, Texas – Another man has been convicted in relation to the investigation involving the now defunct Panama Unit, United States Attorney Kenneth Magidson announced today. Fabian Rodriguez, 28, of Edinburg, pleaded guilty to one count of conspiring to possess with the intent to distribute more than five kilograms of cocaine and more than 500 grams of methamphetamine.
Rodriguez was a former Hidalgo County Sheriff’s deputy who was a member of the former Panama Unit - a drug task force operated by the Hidalgo County Sheriff’s Office.
During 2011 and 2012, Rodriguez utilized his position as a law enforcement officer to traffic narcotics. Rodriguez admitted he used his law enforcement authority to steal narcotics which he and the others sold to local drug dealers.
Rodriguez faces a minimum of 10 years and up to life in prison along with a potential fine up to $10 million. Sentencing has been set for Sept. 10, 2013.
The investigation leading to the charges was conducted by the Drug Enforcement Administration, Homeland Security Investigations, FBI, Homeland Security Investigations - Office of Professional Responsibility and the Texas Department of Public Safety. Assistant United States Attorneys James Sturgis and Anibal Alaniz are prosecuting the case.
McAllen Man Gets More Than 15 Years in Prison for Possessing MethamphetamineRead the Press Release
CORPUS CHRISTI, Texas – Rolando Reyna, 28, of McAllen, has been ordered to prison for nearly 16 years following his conviction for possession with intent to distribute approximately 29.76 kilograms of methamphetamine, United States Attorney Kenneth Magidson announced today. Reyna pleaded guilty April 10, 2013.
Today, U.S. District Judge Hayden Head, who accepted the guilty plea, handed Reyna a total sentence of 188 months. He was further ordered to serve a term of five years of supervised release following completion of the prison term.
Reyna was arrested on Nov. 18, 2012, at the United States Border Patrol checkpoint in Sarita after agents found 44 bundles of methamphetamine hidden in a concealed compartment in his pick-up truck.
At the plea hearing in April, Reyna admitted that he drove the methamphetamine into the United States from Guadalajara, Mexico, and that he intended to transport it to Atlanta, Ga. He also admitted he expected to be paid $10,000 upon successful delivery. DEA agents believe this is the largest single seizure of methamphetamine within the Corpus Christi division in the last five years.
Reyna will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case is being investigated by the DEA and prosecuted by Assistant United States Attorney Sam Brown IV.Former VP of Lending Convicted of Bank EmbezzlementRead the Press Release
HOUSTON – Shawn Nelson, 39, of Houston and a former vice-president at Members Choice Credit Union, has entered a plea of guilty to embezzling approximately $340,000 from the bank, United States Attorney Kenneth Magidson announced today.
Court records reflect that Nelson was a vice-president of lending at Members Choice Credit Union in Houston. From 2001 through 2009, Nelson opened signature loan accounts in his friends’ and family members’ names without their authorization and then withdrew money from accounts without their authorization. By the time the fraud was discovered, Nelson had stolen more than $340,000 from the credit union.
U.S. District Judge Keith P. Ellison, has set sentencing for Sept. 26, 2013, at which time Nelson faces up to 30 years in federal prison and a possible $1 million fine. Additionally, as part of his plea agreement, Nelson has agreed to forfeit approximately $340,000.
The investigation was conducted by the U.S. Secret Service. Assistant United States Attorneys Sharad S. Khandelwal and Kristine Rollinson are prosecuting.
Final Defendant Sentenced in Alien Harboring ConspiracyRead the Press Release
HOUSTON – Carlos Alejandrez, the final defendant convicted in a conspiracy to harbor and induce illegal aliens to reside in the country, has been ordered to federal prison, United States Attorney Kenneth Magidson announced today. Alejandrez, 30, of Houston, entered a plea of guilty Feb. 5, 2013.
Today, U.S. District Judge Sim Lake handed Alejandrez a 97-month term of imprisonment to be followed by three years of supervised release. Four others - Jabier Alejandre, 22, of Houston, and Ismael Melgoza-Arredondo, 39, Miguel Granados-Lupian, 33, and William Dubon-Milla, 22, all illegal aliens residing in Houston - have also pleaded guilty in the case. Dubon-Milla and Granados-Lupian both received sentences of 37 months, while Alejandre and Melgoza-Arredondo were sentenced to respective terms of 51 and 97 months.
All five admitted they conspired to harbor undocumented aliens for financial gain.
The investigation began on Dec. 17, 2012, after special agents with Homeland Security Investigations (HSI) responded to a call for assistance from the Houston Police Department (HPD) regarding a possible alien stash house on the 7300 block of Northleaf in Houston.
Earlier that day, HPD had responded to the residence, began surveillance and subsequently observed a black GMC pickup departing the residence. Officers initiated a traffic stop and discovered Alejandrez was driving and Granados-Lupian was a passenger in the car as was an undocumented female from Honduras who had entered the U.S. illegally. The alien had paid $1,700 to the alien smuggling organization and was being delivered to relatives in Houston who were to pay an additional $1,700 upon her arrival.
Shortly thereafter, a Toyota pickup was seen leaving the same house and was also stopped by law enforcement. Melgoza-Arredondo was driving and had as passenger a female undocumented alien from El Salvador who had arrived in the U.S. approximately one month prior. She had already paid $8,000 to the smuggling organization to be brought to New Jersey from El Salvador and still owed another $800.
HPD officers and HSI agents entered the Northleaf residence, at which time they discovered Alejandre, the brother of Alejandrez, and Dubon-Milla as well as 43 recently smuggled undocumented aliens. The aliens were all interviewed and admitted they were smuggled illegally into the country and were being housed at this residence until their delivery. The vast majority of the males were wearing nothing but their underwear, which court records indicate is a common practice used by alien smugglers to discourage men from attempting escape. Among those in the residence were an unaccompanied five-year-old boy and 12 other juveniles.
During the course of the search, agents seized various documents and items including ledgers commonly referred to as "polio lists" which are used to keep track of the smuggled aliens as well as a .22 caliber handgun and a 12-gauge shotgun, two baseball bats and numerous cell phones.
Previously released on bond, Alejandrez was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by HSI with the assistance of HPD. Assistant United States Attorney Suzanne Elmilady is prosecuting the case.
Aryan Brotherhood of Texas Gang Member Sentenced to 150 Months in Prison for Role in Racketeering ConspiracyRead the Press Release
HOUSTON – A member of the Aryan Brotherhood of Texas (ABT) was sentenced today to serve 150 months in prison for his role in the ABT’s criminal enterprise, announced United States Attorney Kenneth Magidson and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
James Marshall Meldrum, aka “Dirty,” 40, of Dallas, was sentenced today by U.S. District Judge Sim Lake in the Southern District of Texas. In addition to his prison term, Meldrum was sentenced to serve five years of supervised release and was ordered to pay a $2000 fine.On Jan. 31, 2013, Meldrum pleaded guilty to one count of conspiracy to commit racketeering offenses.
According to court documents, Meldrum and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang. Meldrum and numerous ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.
Meldrum admitted to being an ABT gang member and to trafficking in methamphetamine and severely beating a subordinate gang member.
According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
Meldrum is one of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; sheriff’s offices in Harris, Tarrant, Atascosa, Orange and Waller Counties; police departments in Alvin, Carrollton and Mesquite Texas; as well as the Montgomery and Atascosa County District Attorney’s Offices.The case is being prosecuted by the U.S. Attorney’s Office of the Southern District of Texas and the Criminal Division’s Organized Crime and Gang Section.
Witness Tampering Lands Convicted Sex Trafficker More Prison TimeRead the Press Release
HOUSTON – A Houston man, already convicted and sentenced in a large domestic sex trafficking case, has been handed additional federal prison time for witness tampering, United States Attorney Kenneth Magidson announced today.
Andre McDaniels, 43, was convicted along with five others in Operation Total Exposure, the largest domestic sex trafficking case prosecuted in the Southern District of Texas. In that case, McDaniels pleaded guilty to conspiracy to commit sex trafficking, coercion and enticement and two counts of transportation and later sentenced to a total of 96 months in federal prison. On Sept. 25, 2012, he pleaded guilty to witness tampering in relation to that case.
Today, U.S. District Judge Lee H. Rosenthal handed McDaniels a sentence of 78 months, which will be served consecutively to his previous sentences for a total of 174 months confinement. At the hearing, additional evidence was presented including that McDaniels attempted to have an individual pay witnesses to alter their testimony and to gather personal information about federal agents and prosecutors. In handing down the sentence, Judge Rosenthal noted that the offense committed by McDaniels was an attempt to compromise the integrity of the judicial system and the sentence should reflect the seriousness of that conduct.
McDaniels and the others were charged and later convicted of operating commercialized sex businesses often disguised as legitimate businesses and recruited women and minors as young as 16 to work as prostitutes and perform commercial sex acts. The women were routinely beaten and threatened to instill fear in them and insure their obedience. Some of the co-conspirators also had sexual intercourse with the minor females. Any proceeds the women received as a result of their sexual encounters where taken by the members of the enterprise, rendering them dependent upon the defendants for basic necessities.
On or about Jan. 6, 2012, McDaniels met with an undercover agent from the FBI posing as a private investigator. McDaniels intentionally and knowingly solicited the agent to tamper with, coerce and intimidate fact witnesses whom the government anticipated on calling to testify in regards to the sex trafficking case. Specifically, McDaniels instructed the agent to pay money to witnesses in an effort to influence their testimony or possibly make them unavailable to testify.
If witnesses would not accept these payments, McDaniels instructed the agent to conduct surveillance on the witnesses in order to record and gather compromising personal information that could be used to influence their testimony. Further, McDaniels also instructed the agent to conduct investigations into the personal lives of law enforcement agents and federal prosecutors.
McDaniels has been and will remain in custody.
The tampering was investigated by the FBI and is being prosecuted by Assistant U.S. Attorneys Craig M. Feazel and John D. Jocher. Assistant United States Attorney Sherri Zack prosecuted McDaniels on the sex trafficking charges.
$20+ Million ‘Black Market Peso Exchange’ Scheme Sends Several to PrisonRead the Press Release
HOUSTON – One of the leaders and several members of an organization that laundered more than $20 million through “shell” business bank accounts has now been ordered to federal prison, United States Attorney Kenneth Magidson announced today along with Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Enrique Morales, 43, of Houston and Guadalajara, Mexico, pleaded guilty to conspiracy to commit money laundering and conspiracy to operate an unlicensed money transmitting business earlier this year as did Willie Whitehurst, 45, Fulton Smith, 41, and Anthony Foster, 47, all from Houston and money couriers for the organization. Sarah Combs, 49, of Dickinson, pleaded guilty to conspiracy to operate an unlicensed money transmitting business.
Today, U.S. District Judge U.S. District Judge Lee H. Rosenthal, who accepted the guilty pleas, sentenced Morales, determined to be a leader in the conspiracy, to 188 months in prison. Foster received a sentence of 121 months, while Smith and Combs received total prison terms of 30 and 24 months, respectively. Whitehurst is scheduled to be sentenced on August 26.
In August 2012, a federal grand jury in Houston indicted the five defendants for their parts in a large “Black Market Peso Exchange” scheme. From October 2009 to September 2011, the defendants placed U.S. currency gained through the sale of drugs in U.S. cities into bank accounts held in the name of the organization’s “shell” companies. The money then was transferred to different accounts in the U.S. and in Mexico. In exchange, pesos were transferred back to accounts owned by the organization’s clients.
Smith, Combs and Foster were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Morales will remain in custody.
The case was investigated by the Drug Enforcement Administration and Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Ted Imperato of the Southern District of Texas and Trial Attorney Keith Liddle of the Money Laundering and Bank Integrity Unit of the Criminal Division’s Asset Forfeiture and Money Laundering Section are prosecuting the case.
Rio Grande City Man Heads to Prison for Trafficking More Than 1000 Kilos of MarijuanaRead the Press Release
McALLEN, Texas – Eduardo Ramirez, 59, of Rio Grande City, has been handed a significant sentence following his convictions in Organized Crime Drug Enforcement Task Force (OCDETF) Operation White Line, United States Attorney Kenneth Magidson announced today. Ramirez was convicted by a McAllen Jury on March 8, 2013, following a four-day trial.
Ramirez and others were indicted for conspiracy to possess and possession with the intent to distribute in excess of 1,000 kilograms of marijuana.
“Those that transport large quantities of drugs through the Southern District of Texas on behalf of major drug cartels will be prosecuted to the fullest extent of the law,” said Magidson. “This case is another example of our cooperation with various law enforcement agencies in that effort.”
Today, U.S. District Judge Micaela Alvarez who presided over the trial, handed Ramirez a sentence of 235 months in federal prison to be followed by a five-year-term of supervised release. In handing down the sentence, Judge Alvarez noted that the defendant was a leader in the criminal enterprise to transport the marijuana.
Evidence at trial revealed Ramirez and others agreed to transport approximately 1,567 kilograms of marijuana in a tractor-trailer to other narcotics traffickers based in Houston in September 2011. An aftermarket compartment was built into a trailer that was subsequently used to transport the marijuana, as well as approximately 5,000 kilograms of Mexican charcoal. Documents, recorded conversations and testimony showed Ramirez had provided the cover load, which was to be used to mask the odor of marijuana and dissuade law enforcement officers from searching the trailer. Ramirez was unaware that the driver of the tractor-trailer was an undercover police officer.
On Sept. 25, 2011, agents conducted a controlled delivery of the marijuana. Ramirez and others traveled to Houston in anticipation of the arrival of the marijuana load. Agents off-loaded the marijuana and placed it in a van, which was picked up Sept. 27, 2011, by a member of the conspiracy. Officers with the Houston Police Department (HPD) later stopped the van for a traffic violation, discovered the marijuana and arrested the driver. Later that day, Ramirez paid approximately $30,000 for the transportation of the marijuana.
Ramirez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Vicente Montes and Eduardo Humberto Ramirez, the son of Eduardo Ramirez, are currently fugitives and warrants remain outstanding for their arrest. Anyone with information about their whereabouts is asked to contact Homeland Security Investigations (HSI) at 800-973-2867. They are presumed innocent unless convicted through due process of law.
The OCDETF investigation leading to the criminal charges was conducted in McAllen and Houston by Homeland Security Investigations, Pharr Police Department, Hidalgo County Sheriff’s Office, HPD, Harris County Sheriff’s Department and the FBI.
Assistant United States Attorneys Jesse Salazar and Juan Alanis are prosecuting the case.
Leader of Smuggling Ring Ordered to Federal PrisonRead the Press Release
LAREDO, Texas - Oswaldo Rafael Borrego-Ramos aka “Baldo,” 31, a Mexican national and leader of an international smuggling ring, has been sentenced for recruiting local persons to illegally purchase firearms for his organization, United States Attorney Kenneth Magidson announced today. He pleaded guilty to the firearms conspiracy March 6, 2013, admitting he recruited individuals who acquired firearms, ammunition and firearm accessories from stores in Laredo and then had the items smuggled illegally to Nuevo Laredo, Tamaulipas, Mexico.
Today, U.S. District Judge Marina Garcia-Marmolejo, who accepted the guilty plea, handed Borrego-Ramos a sentence of 60 months, 18 of which will be served consecutively to an existing 78-month sentence he is already serving in another case involving other firearm purchases. He is expected to face deportations proceedings following completion of his 96-month sentence.
Investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Homeland Security Investigations (HSI) began a series of investigations into this firearms trafficking organization and discovered Borrego-Ramos directed the acquisition and smuggling into Mexico of at least 32 known illegal firearms since 2008. At least 18 persons involved in the enterprise have been arrested and prosecuted for their participation.
The investigation involved historical purchases made by co-conspirators and illegally smuggled to Mexico before the federal investigations began. Agents traced at least three of those firearms to crime scenes in Mexico. During this investigation, no firearms were permitted to be exported to Mexico.
Borrego-Ramos has been in custody since his arrest on June 26, 2012, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by ATF and HSI with the assistance of the Laredo Police Department and the Webb County Sheriff’s Department. Assistant United States Attorney Homero Ramirez is prosecuting.
Austin Doctor Charged with Defrauding Medicare of $2 Million in Less Than Two MonthsRead the Press Release
HOUSTON - Dr. Dennis B. Barson Jr., 40, and his medical clinic administrator, Dario Juarez, 53, have been charged in a 20-count indictment alleging a conspiracy to defraud Medicare of $2.1 million in less than two months, United States Attorney Kenneth Magidson announced today.
The indictment, returned under seal on June 19, 2013, alleges the fraudulent billing was for rectal sensation tests and electromyogram (EMG) studies of the anal or urethral sphincter which were never performed. The indictment also charges Barson, of Austin, and Juarez, of Beeville, with health care fraud for filing false claims with Medicare for medical procedures which were never performed.
Barson was arrested this morning, at which time the indictment was unsealed. He is expected to make his initial appearance today before a U.S. magistrate judge in Austin. Juarez is already in custody serving time for practicing medicine without a license.
According to the allegations in the indictment, Barson was the only practicing doctor at a medical clinic located at 8470 Gulf Freeway in Houston. It was Juarez, however, who allegedly represented himself either to be a doctor or a physician’s assistant and was the one who actually saw patients, according to the indictment. It is alleged that Barson and Juarez caused Medicare to be billed for procedures on 429 patients in just two months. Barson and Juarez also allegedly billed Medicare for seeing more than 100 patients on 13 different days, including a high of 156 patients on July 13, 2009.
Each of the 19 health care fraud counts and the conspiracy charge carries a maximum penalty of 10 years in a federal prison and a $250,000 fine, upon conviction.
The criminal charges are the result of a joint investigation conducted by agents of the FBI, the Department of Health and Human Services-Office of Inspector General and the Medicaid Fraud Control Unit of the Texas Attorney General's Office. This case will be prosecuted by Assistant United States Attorney Al Balboni and Special Assistant United States Attorney Adrienne Frazior.
A defendant is presumed innocent unless and until convicted through due process of law.###
Former Postal Employee Ordered to Prison for Possessing Child PornographyRead the Press Release
HOUSTON – Brice Burns Davenport, 51, of Tomball, has been handed a federal prison sentence for possessing child pornography, United States Attorney Kenneth Magidson announced today. Davenport pleaded guilty March 25, 2013.
Today, U.S. District Judge Lynn Hughes sentenced Davenport to a term of 12 months and one day in prison to be immediately followed by eight years on supervised release during which time he is to receive counseling and must comply with sex offender registration requirements.
The investigation began in July 2012 when Houston postal inspectors received information from their Computer Crimes Unit regarding an apparent attempt to access child pornography via an official U.S. Postal Service (USPS) computer. Specifically, an individual using Davenport’s USPS logon credentials conducted Internet searches consistent with searches for child pornography between the dates of May 17, 2012 - June 20, 2012.
The Computer Crimes Unit monitored Internet traffic on the USPS computer assigned to the Plantersville Post Office where Davenport was employed as the acting postmaster. On or about Oct. 9, 2012, numerous images of apparent child pornography were obtained from the computer. Those images were submitted to The National Center for Missing and Exploited Children for review who reported many contained known child victims who have been previously identified by law enforcement child exploitation investigations.
The investigation revealed Davenport accessed child pornography from the USPS computer located at the Plantersville Post Office. Davenport would enter search terms into the Yahoo image search engine which produced images depicting prepubescent and pubescent minor females and males displaying their genitals in a lewd and lascivious manner. It was determined Davenport was the only user to access the computer in question on dates where child pornography was searched for and found.
Davenport acknowledged using search terms which yielded child pornography. The computer was seized and forensic analysis revealed a total of approximately 52 images of child pornography involving the lascivious display of childrens’ genitals which Davenport found.
USPS - Office of Inspector General investigated.
This case, prosecuted by Assistant U.S. Attorney Robert Stabe, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Airport Employee Sent to Prison for Smuggling HeroinRead the Press Release
HOUSTON - Rolin Eli Escober, 50, of Humble, has been ordered to prison for nine years following his conviction of possessing with intent to distribute heroin, United States Attorney Kenneth Magidson announced today. Escober pleaded guilty on Feb. 4, 2013.
Today, U.S. District Judge Vanessa D. Gilmore, who accepted the plea, ordered Escobar to federal prison for a total of 108 months.
Escober was charged along with Elidia Molina, 34, of Houston, with using their status as airport employees to circumvent airport security measures and to smuggle more than 1.2 kilograms of heroin and 13 kilograms of sham heroin on Oct. 19, 2012.Escober and Molina were employees of Express Jet and DAL Global Services, respectively. Court records indicate they conspired together to use their positions as employees at the airport and their knowledge of security to circumvent airport security and smuggle items in exchange for pre-negotiated sums of cash from an undercover Homeland Security Investigations (HSI) special agent who they each believed to be a narcotics trafficker.
Escober was arrested after successfully smuggling the heroin around security and returning it to the waiting undercover agents near the boarding gate.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined ion the near future.
Molina also pleaded guilty and is set for sentencing on July 26, 2013, before U.S. District Judge Gray H. Miller. She was permitted to remain on bond pending that hearing.
HSI investigated the case in conjunction with the Houston Police Department Narcotics Division, Transportation Security Administration Office of Law Enforcement and the Houston Airport System. Assistant United States Attorney Mark McIntyre is prosecuting.
safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Woodlands Man Heads to Prison for Using Fake CIA CredentialsRead the Press Release
HOUSTON - Paul Alan White, aka Jonathan Alan Davenport, 57, of The Woodlands, has been ordered to prison following his two convictions of impersonated a public servant, United States Attorney Kenneth Magidson announced today. Davenport pleaded guilty Tuesday, April 3, 2013.
Today, U.S. District Judge Ewing Werlein Jr., who accepted the guilty plea, handed White a sentence of 24 months on each of the two counts of conviction to be served concurrently. He was further ordered to pay a $500 fine. In handing down the sentence, Judge Werlein noted to the defendant that the worthiness of what a person is, is not gauged by what title they seek.
White posed as a CIA agent to others at different times during 2011 and 2012 in order to obtain personal information from individuals and to have authorities give him privileges as well as official record documents.
During March 2011, White had convinced a co-worker that he worked with Special Ops within the CIA and that they had to fill out an application form for a security clearance with the CIA. White apparently obtained the form from the Internet. The co-worker completed the form, which included personal information, such as names of family members and friends, education, employment history and personal identification data such as a Social Security number, a Texas Driver’s license number and a U.S. passport number. As directed by White, the co-worker also ordered their own credit report and gave White a copy of their passport.
The next month, White also attempted to recruit the co-worker’s friend from the co-worker’s Facebook site, using an alias. White reported to be conducting a reference check and also tried to recruit them for a position with the CIA. At the request and demand of White, pretending to act as an agent under the authority of the CIA, the friend sent the security clearance form via Fed-Ex with their personal information on it along with a copy of their birth certificate, Social Security card, driver’s license and passport.
Also that month, White introduced himself to Texas Department of Public Safety troopers as an agent working for the CIA. White showed a badge and a credential thought to be from the CIA, and stated he had retired from CIA and was rehired to run “backgrounds” on people. White, while pretending to be an officer and employee of the United States, asked the trooper to run a criminal history check on his co-worker. White represented the request as an “official request” from a CIA officer. The trooper complied with White’s request and provided the result.
Later, the CIA was contacted to conduct a check for any and all employment either directly or indirectly of White, aka Davenport. The CIA confirmed he did not work for the agency in any capacity. A search warrant was executed at White’s home revealed several false and fraudulent purported official U.S. government identifications and badges allegedly belonging to the CIA.
White will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by the FBI and Houston Police Department. Assistant U.S. Attorney Joe Porto is prosecuting the case.
Matchmaker Gets Federal Prison for Marriage FraudRead the Press Release
McALLEN, Texas - An Edinburg woman has been sentenced to two years imprisonment for conspiracy to commit marriage fraud, United States Attorney Kenneth Magidson announced today.
At a hearing yesterday, Chief United States District Judge Ricardo H. Hinojosa handed Sandy Botello Ramirez, 77, a sentence of 24 months in federal prison and further ordered she serve two years of supervised release following completion of that prison term.
When sentencing Botello, the court noted she was a matchmaker of marriages that did not exist and that through those sham marriages, Botello committed a huge fraud on the United States and the people of this country.
From 2002 to the time of her arrest, Botello arranged more than 30 sham marriages between foreign nationals and United States Citizens for profit. Foreign nationals hired Botello help them obtain residency status in the United States by arranging a sham marriage with a U.S. citizen whom Botello paid to participate.
Botello relied on recruiters to help her find U.S. citizens to enter into the marriages.
One recruiter, Celia Carranza-Palacios, was convicted and ordered to serve three years of supervised release.
Botello committed marriage fraud by arranging marriages where the couple did not intend to establish a life together when they got married but were only seeking immigration benefits. Botello completed the immigration paperwork and would instruct the pair how to present themselves as a married couple. Botello told them to get a common law marriage certificate and take pictures together and instructed the couples how to answer questions at their immigration interview.
By filing a petition with United States Citizenship and Immigration Services (USCIS), U.S. citizens may seek the residency for their alien relative. These petitions are legal and permit a U.S. citizen to bring his or her close relative, such as a spouse, to the United States. Marriage fraud occurs when this petition for residency is filed, but the bride and groom did not intend to establish a life together at the time they were married.
Botello has been on bond during the pendency of the case and will be permitted to voluntarily surrender to a Bureau of Prisons facility to be determined in the near future.
This case was investigated by agents with USCIS and Homeland Security Investigations. Assistant U.S. Attorneys Kristen Rees and Kimberly Leo prosecuted the case.
Former Army Soldier Sentenced for Murder-for-Hire and Gun PossessionRead the Press Release
LAREDO, Texas – A fourth man charged in relation to a murder-for-hire conspiracy has been handed a significant federal sentence, United States Attorney Kenneth Magidson announced today. Samuel Walker, 29, of Sharon, Miss., was convicted in November 2012 along with Calvin Epps, following a seven-day trial.
Today, Senior United Sates District Court Judge George P. Kazen sentenced Walker to respective sentences of 120 and 60 months for conspiracy to commit murder for hire and for possessing a firearm during in and in relation to a crime of violence. Following his 15-year sentence, he will be on supervised release for five years.
According to the evidence presented at trial, the investigation began in January 2011 when co-defendant Marcus Mickle, 21, of Columbia, S.C., began negotiations with persons whom he thought were members of the Los Zetas Cartel, actually undercover Drug Enforcement Administration (DEA) agents, to purchase marijuana in return for stolen weapons. According to the testimony of DEA agents, the discussions concerned the distribution of marijuana in the Columbia area and how Mickle and co-defendant Calvin Epps, 29, of Hopkins, S.C., told undercover agents about a friend in the military who could provide military weapons to them. The agents were later introduced to co-defendant Kevin Corley, 30, of Columbia, who identified himself as an active duty officer in the Army responsible for training soldiers. According to the agents’ testimony, Corley offered to provide tactical training for cartel members and to purchase weapons for the cartel.
Over the next several months, Corley continued to communicate with undercover agents regarding the services he could provide the cartel as a result of the training, experience and access to information/equipment afforded him as an active duty soldier.
On Jan. 7, 2012, Corley traveled to Laredo and met with undercover agents. During this meeting, he stated that he could raid a ranch located at or near Laredo containing 20 kilograms of cocaine and conduct a contract killing there. Corley stated he would need to bring his own team and agreed to the raid and killing for a $50,000 fee and five kilograms of cocaine.
During March 2012, Corley allegedly arranged for 300 pounds of marijuana to be delivered to Mario Corley, 41, of Saginaw, Texas, in Charleston, S.C. Kevin Corley also assisted in brokering 500 pounds of marijuana and five kilograms of cocaine for Mickle and Epps and discussed with agents the distribution of these narcotics in South Carolina, Texas and Colorado.
Agents testified that on March 5, 2012, Kevin Corley delivered two AR-15 assault rifles with scopes, an airsoft assault rifle, five allegedly stolen ballistic vests and other miscellaneous equipment to an undercover agent in Colorado Springs, Colo., in exchange for $10,000. At the meeting, Kevin Corley and the undercover agent again discussed the contract killing and the retrieval of the cocaine which was to occur on March 24, 2012. Kevin Corley stated he had purchased a new Ka-Bar knife to carve a “Z” into the victim’s chest and was planning on buying a hatchet to dismember the body. Evidence at trial demonstrated how Kevin Corley told agents he had discussed the plan with Walker and that Walker was going to be a part of the team that would come to Texas to commit the murder for hire. The jury also heard evidence that he and Walker had gone to the rifle range and test-fired Walker’s scoped rifle.
On March 24, 2012, Kevin Corley, Walker and Shavar Davis, 30, of Denver, Colo., traveled to Laredo and met with undercover agents, at which time they discussed the location of the intended victim, the logistics of performing the contract kill and their respective roles.
During the trial, the jury heard about this meeting and that Walker contended he could hit the intended victim from more than two football fields away with his rifle. Agents testified that immediately thereafter, the three were arrested and a fourth suspect was shot and killed. A subsequent search of the vehicle in which Corley and the other co-conspirators arrived revealed two semi-automatic rifles with scopes, one .300 Caliber Weatherby Magnum bolt-action rifle with a scope and bipod, one hatchet, one Ka-Bar knife, one bag of .223 caliber ammunition and one box of .300 caliber ammunition.
During trial, Kevin Corley testified that the .300 caliber Weatherby Magnum rifle and ammunition belonged to Walker and that Walker was supposed to take the long-distance shot at the intended victim with this weapon. Walker also testified and admitted that rifle was his but claimed he came to Laredo, not to kill anyone, but to train clients for security purposes that Kevin Corley had met in Laredo.
Both Kevin Corley and Walker testified that they served in the Army together and were deployed to Afghanistan. Walker was a Sergeant at the time and served for a time in Kevin Corley’s infantry platoon. Walker and Kevin Corley returned to Fort Carson, Colo., after their deployment to Afghanistan in the summer of 2011.
Mickle was sentenced last week, also to 15 years, while Davis received a sentence of 10 years in federal prison. Robert Corley, who pleaded guilty to the marijuana conspiracy, was previously sentenced to 30 months in prison. The remaining co-defendants - Kevin Corley, Calvin Epps and Mario Corley - have not yet been scheduled for sentencing.
The investigation leading to the charges was conducted by the DEA and the FBI with the assistance of U.S. Army Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorneys Roberto Ramirez and Jody Young.
Chinese Nationals Ordered to Prison in Alien Harboring and Unlawful Employment ConspiracyRead the Press Release
HOUSTON – Song Yu, 32, and Cheng Jie Chen, 40, both from the Katy area, have been sentenced for their roles in a conspiracy to harbor and induce illegal aliens to reside in the U.S., United States Attorney Kenneth Magidson announced today. Yu and Chen both previously pleaded guilty as did a third defendant - Hue Chen, 36.
U.S. District Judge Melinda Harmon sentenced both Yu and Cheng Chen to 15 months to be followed by one year of supervised release. Chen was also assessed a $10,000 fine. Hue Chen was previously sentenced to six months in prison.
During the course of the conspiracy, the three hired unauthorized aliens from Guatemala to work at the Bamboo Village aka New Bamboo Village restaurant, some of whom were allegedly directed to obtain fraudulent work authorization documents. These people never presented identification documents and never completed I-9 forms, as required by law. Court records indicated the illegal aliens and other workers were provided housing and were transported to and from the restaurant.
Bamboo Village restaurant is a Chinese restaurant located on the 5100 block of Avenue H in Rosenberg. Cheng Jie Chen was its original director and president. On April 5, 2010, the restaurant changed the corporation name to New Bamboo Village Inc., at which time Yu, the nephew of Cheng Jie Chen, was named as the director and president.
Federal law requires employers to hire only United States citizens and aliens who are authorized to work in the United States. Further, employers must verify employment eligibility using the Employment Eligibility Verification Form (I-9). The employer is required to examine, at the time of hire, the documentation provided by the individual that establishes his identity and employment eligibility to ensure the documents presented appear to be genuine and relate to the individual. The employer must retain the I-9 forms for three years after the date of the hire or one year after the date the individual’s employment is terminated, whichever is later.
On March 24, 2009, Homeland Security Investigations (HSI) agents encountered and arrested unauthorized aliens at a residence on the 4900 block of Timber Lane in Rosenberg. These individuals, who did not have the proper I-9 documentation, allegedly worked at Bamboo Village and resided at the Timber Lane location. According to the indictment, they would be transported daily to the restaurant for work.
HSI issued a warning notice to the restaurant on or about July 1, 2010, advising then owner Chen Jie Chen of the penalties associated with knowingly hiring and employing unauthorized aliens and the lack of the I-9 forms.
On Aug. 22, 2012, HSI personnel again encountered more unauthorized aliens who were arrested at the same Timber Lane residence. At the time, all were allegedly being housed by the defendants at this location while working at New Bamboo Village.The case was investigated by Homeland Security Investigations (HSI). Assistant United States Attorney Suzanne Elmilady is prosecuting the case.
Three Corpus Residents Sent to Prison in Drug Trafficking, Money Laundering ConspiraciesRead the Press Release
CORPUS CHRISTI, Texas – Three men arrested in January for various drug trafficking and money laundering conspiracies have been ordered to federal prison, United States Attorney Kenneth Magidson announced today. Ignacio Pena aka “Nacho,” 44, Raul Leal Martinez aka “Indio” or “Wahoo,” 36, and, David Pete Dominguez aka “Buda,” 30, all of Corpus Christi, previously pleaded guilty in relation to the case. Four other defendants, Manuel Pena aka “Super,” 48, Jose Guajardo aka “Garfield,” 41, Rocky Bazaldua aka “Rock,” 32, and Julieann Gutierrez, 25, also pleaded guilty and are scheduled for sentencing in September.
Today, U.S. District Judge Janis Graham Jack, who accepted the guilty pleas, handed Ignacio Pena a term of 168 months in prison, while Dominguez was ordered to prison for 120 months. Martinez was sentenced to serve a 85-month term last week. All were further ordered to serve five-year-terms of supervised release following completion of their prison terms.
The indictment charged all of the defendants with conspiring from June 1, 2008, to Jan. 8, 2013, to possess with intent to distribute more than 50 grams of methamphetamine. The investigation revealed that Manuel Pena, a member of and former leader in the Texas Syndicate prison gang, orchestrated various drug deals in the Corpus Christi area. Evidence proved that in May 2011 Manuel Pena made deals to provide cocaine and methamphetamine to Bazaldua and Dominguez. He admitted he acquired cocaine and agreed to sell methamphetamine to Guajardo. Pena also received methamphetamine from Martinez, a local home builder. Ignacio Pena, Manuel Pena’s brother, helped receive and deliver various amounts of cocaine and methamphetamine to various drug dealers in Corpus Christi.
Martinez and Guajardo also pleaded guilty to conspiring to launder the proceeds of their drug sales through various financial transactions. As part of their plea agreements, Manuel Pena, Martinez and Guajardo also agreed to forfeit their interests in various properties around Corpus Christi.
Martinez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. The remaining defendants have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated through a joint effort by the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, Texas Department of Public Safety, the Nueces and Kleberg County Sheriff’s Offices, and the Corpus Christi, Aransas Pass and Portland Police Departments. The case is being prosecuted by Assistant United States Attorney Michael Hess.
Septuagenarian Sent to Prison for Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – Jose Luis Salazar, 70, has been ordered to prison following his conviction of sexual exploitation of minors, commonly known as distribution of child pornography, United States Attorney Kenneth Magidson announced today. Salazar pleaded guilty March 11, 2013.
Today, Senior U.S. District Judge Janis Graham Jack, took into consideration the need to protect the public from a possible pedophile and handed Salazar a sentence of 151 months in federal prison. During Salazar’s statement at sentencing, he said he had never physically hurt anyone and told the court he still had a lot to offer society. Salazar went on to say that he could be useful mentoring children. After hearing his allocution, Judge Jack said that she did not believe Salazar understood the gravity of his crime and that her purpose in sentencing was to keep him away from children. Salazar was further ordered to serve a lifetime term of supervised release following completion of his prison term, during which he will be required to comply with numerous conditions designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
On March 3, 2012, an undercover officer with the Corpus Christi Police Department’s Internet Crimes Against Children Task Force (CCPD-ICAC) downloaded several files of child pornography from a computer connected to the Internet which was traced to Salazar. More child pornography files were later downloaded from Salazar in June and July 2012. A search warrant was executed on Salazar’s Corpus Christi home on Sept. 27, 2012, at which time several electronic storage devices were seized. A computer forensic examination of the seized devices led to the discovery of hundreds of videos and images of child pornography.
Previously released on bond, Salazar was taken into custody following his guilty plea where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and CCPS-ICAC investigated.
This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc<http://www.usdoj.gov/psc>. For more information about internet safety education, please visitwww.usdoj.gov/psc<http://www.usdoj.gov/psc> and click on the tab "resources."HOUSTON Man Arrested in Health Care Fraud SchemeRead the Press Release
HOUSTON – Mathew U. Okorocha, 63, has been indicted on charges of conspiracy to commit health care fraud, United States Attorney Kenneth Magidson announced today. Okorocha, of Houston, joins Lawrence T. Tyler, 41, also of Houston, in a 10-count superseding indictment, returned June 12, 2013.
Okorocha is expected to make an initial appearance this afternoon.
The indictment alleges Okorocha sold medical equipment through his company called KC International in Houston. He allegedly created false invoices to assist Tyler in order for his durable medical equipment company to pass its Medicare inspection. In May 2008, Medicare sought invoices from Tyler to verify medical equipment billings to Medicare, according to the indictment. Okorocha allegedly helped create false invoices reflecting more than $300,000 in purchases of orthotic equipment – back, knee, elbow, wrist and ankle braces. Tyler sent these invoices to Medicare twice – in June 2008 and again in December 2008 – in an effort to keep his billing number, according to the indictment. Medicare revoked Tyler at the end of December 2008.
The indictment alleges that from 2007 to 2009, Tyler falsely billed Medicare and Medicaid for so-called “ortho kits” which consisted of assorted braces. Tyler allegedly billed for equipment that was never delivered, billed for equipment using prescriptions from a physician who never treated the patients and up coded - billed for a higher reimbursed brace but delivered a cheaper brace that either did not fit the billing code or did not qualify for any Medicare reimbursement. In addition, as part of the conspiracy, the indictment alleges Tyler paid a marketer for patient billing information, a violation of the federal anti-kickback statute.
Tyler, under the company name, 1866ICPAYDAY.COM LLC, allegedly billed Medicare and Medicaid approximately $2.3 million and was paid approximately $1.4 million.
If convicted, both face up to five years in prison and a possible $250,000 fine.
The charges are the result of the investigative efforts of the FBI, the Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services - Office of Inspector General, Office of Investigations and the United States Attorney’s Office. Special Assistant United States Attorneys Suzanne Bradley and Adrienne Frazior are prosecuting the case.An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.24 Laredoans Indicted on Drug and Money Laundering ChargesRead the Press Release
LAREDO, Texas – Two Indictments, alleging conspiracy to possess with intent to distribute heroin, cocaine and methamphetamine as well as money laundering charges, have been partially unsealed following the arrest of 25 individuals, United States Attorney Kenneth Magidson announced today along with Special Agent in Charge Javier Peña of the Drug Enforcement Administration and Special Agent in Charge Armando Fernandez of the FBI’s San Antonio Division.
During law enforcement actions this morning, agents arrested a total of 24 Laredo residents. Those include Juan Pablo Contreras, 37, Carlos Contreras, 33, Modesto Moises Ramirez, 43, Arnulfo Ramos-Valdez Jr., 42, Julio Jesus Rangel, 30, Ana Rosa Contreras, 31, Martin Contreras Jr., 25, Steve Contreras, 35, Victor Contreras, 22, Guadalupe Mario Contreras, 51, Abraham Xavier Becerra, 29, Jorge Alberto Guerra, 40, Eufrosina Lopez, 41,Yvonne Hernandez, 42, Orlando G. Ibarra, 32, Raul Victoriano Rojas, 40, Luis Manuel Salinas, 46, Leopoldo Arviso, 26, Christopher O’Bryant, 25, Eduardo Santa Cruz, 32, and Guadalupe Bedarte, 29.Jaime Tomas Hernandez-Rocha, 45, Pablo Contreras Jr., 41, and Mario Alberto Rodriguez, 26, all of Laredo, are also charged but were already in custody. Also charged and arrested today was Richard Cruz Rodriguez Jr., 46, of San Antonio.
The indictment alleges some of those charged are members and associates of the Texas Mexican Mafia prison gang. The indictments, returned under seal on June 11, 2013 and partially unsealed following the arrests today, remain sealed as to those charged but not in custody.
“Today, DEA and our law enforcement counterparts issued a substantial blow to the Texas Mexican Mafia Laredo Chapter, allegedly one of the strongest Mexican-based cocaine trafficking organizations operating in Texas,” said Peña. “The DEA will continue to assault these types of alleged drug trafficking organizations if they are suspected of brazenly distributing illegal controlled substances throughout our communities.”
“These arrests today should send a clear message to the Texas Mexican Mafia, and other suspected criminal organizations, that law enforcement will not tolerate their alleged violent acts and trafficking of dangerous drugs in our community, added Fernandez.”
The joint investigation began in 2009 and identified some of the defendants as members of the Mexican Mafia distributing cocaine, heroin and methamphetamine, according to the indictment. Additional defendants were also allegedly associated with the Mexican Mafia and participated in the conspiracy, doing so under the group’s protection. The indictment indicates the distribution of heroin and methamphetamine was organized mainly by Juan Pablo Contreras and Carlos Contreras to other alleged members and associates of the Mexican Mafia and included distribution to locations such as San Antonio, Austin and Corpus Christi. The investigation also uncovered evidence of the gang’s money laundering activities, part of which revealed efforts to smuggle drug proceeds back to the sources of the drugs in Mexico, according to the indictment.
The charges are the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation named “Operation X3,” which was conducted by agents of the FBI, Drug Enforcement Administration, Homeland Security Investigations and Internal Revenue Service-Criminal Investigation. They were assisted at different times by the United States Marshals Service, police departments in Laredo, Austin and San Marcos, Customs and Border Protection, Texas Department of Public Safety - Criminal Investigations Division and the LaSalle and Karnes County Sheriff’s Offices.
Assistant United States Attorneys James Hepburn and Andy Guardiola are prosecuting the cases.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Bus Company and Two Individuals Indicted in Bus CrashRead the Press Release
HOUSTON – Angel De La Torre, 64, and Carlos Ortuno, 52, both of Houston, have been taken into federal custody on charges related to the crash of a passenger bus near Sherman on Aug. 8, 2008, United States Attorney Kenneth Magidson announced today.
The sealed indictment, returned May 30, 2013, was unsealed this afternoon as De La Torre made his initial appearance in federal court before U.S. Magistrate Stephen Smith. Ortuno is set for an appearance tomorrow morning.
De La Torre and his bus company, Angel Tours, have been charged with one count of conspiracy to make false statements, four counts of making false statements and one count of operating a commercial motor vehicle after being placed out of service. Ortuno, an employee of Angel Tours, is charged with one count of conspiracy to make false statements and two counts of making false statements.
The indictment alleges that the defendants made false statements in an Application for Motor Carrier Authority, Form OP-1, and in an Application for U.S. DOT Number, Form MCS-150, filed with the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). De La Torre and Angel Tours also allegedly operated a commercial motor vehicle after being placed out of service due to an unsatisfactory safety rating following a FMCSA inspection that allegedly uncovered numerous record keeping and safety violations.
De La Torre was the president and principal director of Angel Tours, according to the indictment. As such, his duties allegedly included the overall operational and financial management of Angel Tours, including the direct supervision of its employees and independent contractors to ensure its commercial motor vehicle operations were in compliance with FMSCA’s rules and regulations. Additional duties allegedly included scheduling and dispatching the company’s bus drivers on trips and monitoring their locations as well as their fitness to operate a commercial motor vehicle to be in compliance with FMSCA regulations.
According to the indictment, De La Torre had operated a passenger-carrying commercial motor vehicle business since 1994 until on or about Aug. 8, 2008. On that date, the indictment alleges an Angel Tours bus carrying 55 passengers from Houston to Carthage, Mo., crashed on U.S. Highway 75 near Sherman. Seventeen passengers died in the crash and 38 passengers suffered serious to minor injuries.
In May 2008, an FMCSA inspection allegedly uncovered numerous violations. As a result of that inspection, the indictment alleges the FMSCA ordered Angel Tours to cease all interstate transportation on June 23, 2008 - more than two weeks prior to the fatal crash.
Each conviction of conspiracy and/or making a false statement carries as possible punishment up to five years in federal prison and a possible fine of $250,000. If convicted of continuing to operate after and out of service order, De La Torre and Angell Tours further face a one-year term of imprisonment and a $25,000 fine.
The FBI and Department of Transportation - Office of Inspector General investigated. Assistant United States Attorney Mark McIntyre is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Ambulance Company Owner and Operator Heads to Federal PrisonRead the Press Release
HOUSTON - Julian Kimble, 48, has been handed a federal prison sentence following his convictions for conspiracy to commit health care fraud, conspiracy to commit money laundering and tax evasion, United States Attorney Kenneth Magidson announced today. Kimble pleaded guilty to these federal crimes on Nov. 29, 2011.
At the hearing today, U.S. District Judge David Hittner sentenced Kimble to federal prison for 72 months for conspiracy to commit health care fraud, 72 months for conspiracy to commit money laundering and 60 Months for tax evasion. The sentences on each count are to be served concurrently followed by three years of supervised release. He was further ordered to pay $3,676,587 in restitution to the Medicare Program.
Kimble had admitted that from March 2008 through December 2010, he owned and operated four ambulance companies - Monarch Ambulance, Tamimi International Inc. dba Universal Care, Houston EMS dba XTRA Care Inc., and HKO Group Inc. dba Delta Care EMS. In his operation of these companies, Kimble routinely billed Medicare for basic life support (BLS) ambulance transports that were not provided, not needed or not ordered by the treating physicians.
None of the four ambulance companies operated by Kimble owned licensed ambulance vehicles necessary to provide the BLS transports for which he billed Medicare. Kimble used third-parties and straw owners to register the ambulance companies with the Texas Department of Health. He and others often transported multiple beneficiaries at the same time in vans or sedans, fraudulently billing Medicare for allegedly providing individual transports in ambulances under the attention of qualified emergency medical personnel. In addition, Kimble received kickbacks from the owners of different community mental health centers (CMHCs) in the Houston area in exchange for supplying patients to their facilities. Under Kimble’s direction, Medicare beneficiaries received payments in exchange for agreeing to be transported to different CMHC facilities around the Houston area. From 2008 through December 2010, Kimble’s companies fraudulently billed Medicare for approximately $8.7 million and received payment for approximately $3.6 million.
To conceal the proceeds of the health care fraud, Kimble withdrew funds from the business accounts of the different ambulance companies, keeping part of those funds and using the remainder to pay kickbacks to patients. From the funds fraudulently obtained from Medicare, Kimble issued checks for thousands of dollars to other conspirators, who, after cashing the checks, would return part of the cash to Kimble, use another part of the money to recruit patients and keep the remainder of the money for themselves. From August to December 2010, conspirators received checks from Kimble totaling more than $1 million. No part of this money was reported as taxable income.
Kimble was also charged and convicted of tax evasion as a result of a prior investigation into his ownership of Pearl Ambulance Service from 1998-2007. Kimble admitted he overstated the business expenses for Pearl Ambulance in his tax returns for 2003-2007. Additionally, he claimed business expenses from Pearl Records, his music business, in his tax returns for Pearl Ambulance which resulted in a zero dollar tax liability for Pearl Ambulance. Kimble failed to file corporate tax returns for Pearl during this time until his assets were about to be seized. When he did file, the delinquent returns were discovered to be materially false.
Kimble will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the United States Secret Service, Internal Revenue Service-Criminal Investigations and the Department of Health and Human Services-Office of Inspector General. Special Assistant United States Attorney Justin S. Blan prosecuted the case.
Hidalgo Resident Gets Federal Prison Time for Buying Firearms for Gulf Cartel MembersRead the Press Release
McALLEN, Texas - Ricardo Cantu Jr., 32, of Hidalgo, Texas, will be serving a 2½-year prison term for making false statements and representations on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form 4473, United States Attorney Kenneth Magidson announced today. Cantu pleaded guilty June 23, 2011, for making false statements with respect to information required to be kept in the records of federally licensed firearms dealers.
Today, Chief United States District Judge Ricardo H. Hinojosa sentenced Cantu to 30 months imprisonment to be followed by a three-year-term of supervised release. Judge Hinojosa took into consideration that the defendant repeatedly changed his story as to the events that happened which resulted in the sentence ultimately imposed today.
The investigation into Cantu began on July 6, 2010, when ATF and Homeland Security Investigation (HSI) agents responded to the Hidalgo Port of Entry in reference to two firearms and 6,300 rounds of ammunition being smuggled into Mexico by Andrei Antonio Torres-Vazquez. The two firearms were found to have been purchased that same day by Cantu. He was contacted and interviewed and admitted he had been hired by members of the Gulf Cartel to straw purchase firearms for their criminal organization to take into Mexico.
Previously released on bond, Cantu was allowed to remain on bond pending the issuance of an order to surrender to a U.S. Bureau of Prisons facility to be designated in the near future.
In the separate but related case, Torres-Vazquez pleaded guilty on Aug. 25, 2010, and was sentenced to 37 months in prison on Nov. 8, 2010.
The investigation was conducted by ATF and HSI. The case was prosecuted by Assistant United States Attorney Steven Schammel.
U.S. Woman Residing in Mexico Gets Nearly 16 Years for Trafficking MethRead the Press Release
CORPUS CHRISTI, Texas – Jennifer Ellen Marie Rodriguez, 31, a U.S. citizen residing in Reynosa, Mexico, has been ordered to prison for 188 months for trafficking more than 10 kilograms of methamphetamine, United States Attorney Kenneth Magidson announced today. A federal jury in Corpus Christi convicted Rodriguez on Friday, Jan. 18, 2013, following a three-day trial and less than an hour of deliberation.
Today, U.S. District Judge Nelva Gonzales Ramos, who presided over the trial, handed Rodriguez the nearly 16-year sentence and further ordered she serve five years of supervised release following completion of that prison term. At the hearing today, the defense attempted to argue for a lower sentence based upon the defendant’s trial testimony that she acted under some form of duress. Judge Ramos considered the defense’s argument as well as all of the evidence presented at trial and subsequently her the 188-month sentence.During trial, the government presented testimony that Rodriguez was pulled over by a Texas Department of Public Safety trooper on June 23, 2012, near Encino. During that traffic stop, Rodriguez claimed to be traveling to San Antonio to attend her grandfather’s funeral. Rodriguez did not know the name or location of the funeral home and did not have appropriate attire expected for such an event.
Rodriguez provided consent to search her vehicle and was arrested after the methamphetamine was discovered hidden in a void behind the vehicle’s dashboard. The government also provided evidence that Rodriguez’s grandfather was a lifelong resident of Michigan and had passed away in 2011.
Rodriguez admitted at trial that she made up the story about the funeral. She testified she did not know the drugs were hidden in her vehicle, but was driving to San Antonio to exchange the vehicle for her kidnapped cousin. Rodriguez claimed that on the previous day, her cousin was kidnapped in Mexico and kidnappers demanded she deliver the vehicle to San Antonio in exchange for her cousin.
The government countered with evidence Rodriguez never told this story to law enforcement at the time of her arrest. In fact, the government demonstrated that she had only made the claim just a few days before trial began.
Rodriguez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by Homeland Security Investigations and prosecuted by Assistant United States Attorney Chad W. Cowan.
South Carolina Man Sentenced for Drug Conspiracy and Gun PossessionRead the Press Release
LAREDO, Texas – Marcus Mickle, 21, of Columbia, S.C., has been sentenced to 15 years in federal prison for a conspiracy related to cocaine and marijuana trafficking and for possessing a firearm during in and in relation to a drug trafficking crime, United States Attorney Kenneth Magidson announced today. Mickle pleaded guilty in September 2012 and is the third of seven co-defendants to be sentenced in this drug trafficking conspiracy, some of whom were also involved in a murder-for-hire conspiracy.
Today, Senior United Sates District Judge George P. Kazen handed Mickle consecutive sentences of 120 and 60 months for the drug conspiracy and firearms convictions, respectively.
According to the factual basis of Mickle’s plea agreement, the investigation began in January 2011, when Mickle began negotiations with persons whom he thought were members of the Los Zetas Cartel, actually undercover Drug Enforcement Administration (DEA) agents, to purchase marijuana in return for stolen weapons. The discussions concerned the distribution of marijuana in the Columbia area and how Mickle and co-defendant Calvin Epps, 29, of Hopkins, S.C., told undercover agents about a friend in the military who could provide military weapons to them. The agents were later introduced to co-defendant Kevin Corley, 30, who identified himself as an active duty officer in the Army responsible for training soldiers.
Court records indicate that over the next several months, Corley communicated with undercover agents regarding the services he could provide the cartel as a result of the training, experience and access to information/equipment afforded him as an active duty soldier. He later met with undercover agents and offered to raid a ranch near Laredo containing 20 kilograms of cocaine and conduct a contract killing there.
According to the factual basis, Corley further offered to provide security for Mickle and Epps’ purchase of 500 pounds of marijuana for transport from Texas to South Carolina. He traveled with Mickle and Epps to Laredo, where they all loaded the marijuana into a tractor trailer and attempted to escort it back to South Carolina. The tractor-trailer carrying the load was stopped and seized in La Salle County, on Jan. 14, 2012. However, Corley continued to contact undercover agents to discuss the possibility of future transactions with the agents.
During March 2012, Corley arranged for 300 pounds of marijuana to be delivered to Mario Corley, 41, of Saginaw, in Charleston, S.C., and assisted in brokering 500 pounds of marijuana and five kilograms of cocaine for Mickle and Epps and discussed the distribution of these narcotics in South Carolina, Texas and Colorado.
On March 24, 2012, undercover agents met with Epps and Mickle in Columbia at a motel parking lot. During this meeting, Epps and Mickle discussed with the undercover agent the pre-arranged purchase of five kilograms of cocaine and 500 pounds of marijuana. Epps and Mickle were supposed to provide $50,000 as an initial payment for the cocaine and marijuana. During the meeting, Epps and Mickle were arrested. Epps had a loaded Raven Arms Model MP-25 handgun in his right cargo pants pocket. Mickle had a loaded Springfield Armory XD-40 handgun in the right side waistband of his pants as well as a loaded spare magazine.
According to the factual basis, Mickle admitted to agents that when he went to the meeting, he was expecting to receive five kilograms of cocaine and 500 pounds of marijuana. Mickle further admitted the cocaine was going to be purchased by another person who was going to provide the $50,000 but was available only by cell phone. Mickle further acknowledged he was going to split the marijuana with Epps and that they were going to sell the marijuana locally.
Meanwhile, also on March 24, 2012, Kevin Corley, Samuel Walker, 29, of Colorado Springs, Colo., and Shavar Davis, 30, of Denver, Colo., traveled to Laredo and met with undercover agents regarding the murder-for-hire, at which time they discussed the location of the intended victim, the logistics of performing the contract kill and their respective roles. The three were arrested, during which time a fourth suspect was shot and killed.
Davis was sentenced last week to 10 years in federal prison. Robert Corley, who pleaded guilty to the marijuana conspiracy, was previously sentenced to 30 months in prison. Walker will be sentenced June 21, while the remaining co-defendants - Kevin Corley, Calvin Epps and Mario Corley - have not yet been scheduled for sentencing.
The investigation leading to the charges was conducted by the DEA and the FBI with the assistance of U.S. Army Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorneys Roberto Ramirez and Jody Young.Jacaman Arrested AgainSon Also ChargedRead the Press Release
LAREDO, Texas – Robert Jacaman Sr. and his son have been indicted by a federal grand jury for receipt or possession of unregistered firearm, United States Attorney Kenneth Magidson announced today.
The sealed indictment, returned Aug. 14, 2012, was automatically unsealed today upon the arrest of Jacaman Jr. Jacaman Sr. is expected to turn himself into federal authorities on Monday, June 17. Both are expected to make an initial appearance before U.S. Magistrate Judge Guillermo Garcia on Monday, June 17, at 9:00 am.
The indictment, returned under seal Tuesday, June 11, 2013, alleges that on or about June 14, 2012, Jacaman Sr. and his son aided and abetted each other and did knowingly receive and possess a firearm. That firearm - a Colt, Model Match Target, .223 caliber, short-barrel rifle - was not registered to them in the National Firearms Registration and Transfer Record, according to allegations.
Jacaman Sr. is currently under another federal indictment along with his wife, Veronica Jacaman, and three others alleging a variety of violations associated with the selling of firearms and ammunition. That 11-count indictment charges them with conspiring to provide and providing ammunition and firearm magazines for smuggling into Mexico, selling ammunition to illegal aliens and to a convicted felon and selling an assault rifle to a convicted felon. To date, one other defendant has pleaded guilty in relation to the case and another pleaded guilty to related firearms felony charges in another indictment. Jacaman Sr., his wife and two other defendants are still pending trial in that case. They face five years on that conspiracy charge, upon conviction, as well as a maximum of 10 years in prison for each of the illegal sale and illegal exportation charges. All those charges also carry as possible punishment a $250,000 fine.
For receipt or possession of unregistered firearm as charged in this indictment, Jacaman Sr. and Jr. face up to 10 years in prison and a possible $10,000 fine.
The cases are being investigated by ATF and HSI with the assistance of the Laredo Police Department. Several police officers have been cross-designated as ATF Task Force officers working directly with the federal agency, assisting in the investigation of this and other crimes. Assistant United States Attorney Homero Ramirez is prosecuting the case.An indictment is a formal accusation of criminal conduct, not evidence.
The defendant is presumed innocent unless and until convicted through due process of law.Houston Man Gets 101 Months for Trafficking Firearms to ColombiaRead the Press Release
HOUSTON – Patrick Regan, 41, of Houston, has been ordered to federal prison for smuggling more than 300 firearms to Colombia, United States Attorney Kenneth Magidson announced today.
Regan pleaded guilty Jan. 24, 2012, to conspiracy to make and making a false statement to a federal firearms licensee, dealing in firearms without a license, possession of firearms with obliterated serial numbers and possession of an unregistered firearm.
At the hearing today, additional evidence was presented including the fact that the guns were being supplied to organizations in Colombia that take over and control areas of the country by killing law abiding citizens and legitimate police officers. After hearing arguments from both the government and the defense, U.S. District Judge Keith P. Ellison sentenced Regan to a total of 60 months on each of the first four charges to run concurrently. He was further sentenced to 41 months for the possession of an unregistered firearm which will be served consecutively for a total sentence of 101 months in federal prison. Following completion of his sentence, Regan will have to also serve two years of supervised release during which he cannot commit any further crimes and cannot possess a firearm.
In handing down the sentence, Judge Ellison noted this was one of the most serious crimes encountered by the district courts and that courts will deal with this type of conduct severely. He further stated he is concerned about the harm done to people as a result of this activity.
An investigation into the illegal export by Regan of firearms to Colombia was initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in October 2010. During the course of the investigation, ATF and Homeland Security Investigations (HSI), working jointly, learned Regan had acquired an unusually large number of firearms and related equipment beginning in or about October 2009 and had been receiving substantial sums of money via wire transfer from banks in Colombia. The results of the joint investigative effort led to the accusations that Regan made false statements to federally licensed firearms dealers to obtain firearms, obliterated the serial numbers on the firearms and unlawfully exported the firearms to Colombia.
Agents intercepted 27 firearms in Houston bound for Colombia. Regan admitted to shipping 100s of firearms to Colombia and, according to evidence at the hearing today, more than $100 thousand was wired to Regan from Colombia during the course of the conspiracy.
On Dec. 8, 2010, agents witnessed Regan ship numerous boxes addressed to recipients in Colombia. An examination of those boxes and their shipping labels resulted in a determination that the name of the addressee was fictitious, the shipping address was an abandoned residence in Colombia, the shipper’s name and address were fictitious and the description of the content of the packages identified as machine castings or pressure washers was also false. The boxes actually contained 16 firearms, including eight Fabrique-Nationale Herstal, model Five-seven, 5.7 x 28mm caliber pistols and eight Double Star, model STAR-15, 5.56mm caliber complete lower receivers. The lower receivers are components of AR-15 style semi-automatic rifles which are similar in appearance to the U.S. military’s M-4 rifle. Each firearm had its serial number obliterated.
Agents intercepted two subsequent firearms shipments made by Regan to Colombian addresses. A shipment intercepted on Dec. 15, 2010, included eight firearms. The following day, three Rock River Arms, model LAR-15, 5.56mm caliber lower receivers, were also recovered.
ATF and HSI agents executed a number of search warrants including one at Regan’s Houston area residence which resulted in the discovery and seizure of 55 additional lower and upper receivers for AR-15 style semi-automatic rifles, an unregistered fully assembled short-barrel AR-15 rifle and two pieces of metal working machinery.
In close collaboration with ATF and Department of Homeland Security liaison personnel stationed at the United States Embassy in Bogota, investigating agents passed on valuable leads to the Colombian National Police who conducted several searches in Colombia timed to coincide with the arrests in the United States. Colombian National Police have arrested several people and dismantled a workshop where firearms were being assembled from the lower receivers Regan allegedly supplied and other essential components.
Regan will remain in custody where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The ATF and HSI conducted this investigation with the assistance of the United States Embassy in Bogota, the Colombian National Police and the Houston Police Department. Assistant U.S. Attorney (AUSA) Megan J. Paulson and former AUSA Mark White prosecuted this case.
Coldspring Man Federally Indicted in Death of U.S. Postal Service WorkerRead the Press Release
HOUSTON – A grand jury sitting in Houston has returned a two-count indictment against James Wayne Ham, 36, of Coldspring, in the recent murder of a mail carrier with the United States Postal Service (USPS), United States Attorney Kenneth Magidson announced today along with Inspector in Charge Robert Wemyss, United States Postal Inspection Service (USPIS) and San Jacinto County District Attorney Richard Countiss.
Ham is charged with one count of murder and one count of using a firearm in the commission of a crime of violence. The indictment alleges that on or about May 17, 2013, Ham committed premeditated murder of a USPS employee while she was engaged in the performance of her official duties and that he intentionally carried, brandished and discharged a firearm in the commission of that murder.
A criminal complaint was filed Monday, May 20, 2013, the day after his arrest. He made an initial appearance the following day, at which time he was ordered held without bond pending further criminal proceedings. He is expected to make an initial appearance on the indictment in the near future.
The investigation began shortly following the receipt of a 911 call from the son of the now deceased USPS worker on Friday, May 17. He indicated he had been speaking with his mother via cell phone and heard two loud noises. His mother allegedly told him she had been shot. Shortly thereafter, the phone was disconnected, according to the complaint.
The complaint alleges the victim was shot on Friday shortly after delivering mail at Ham’s residence. The victim was on her normal rural delivery route in her personal vehicle. Ham allegedly shot her multiple times at close range with a .30/30 caliber rifle.
Ham then allegedly drove the vehicle to a nearby secluded area and set it on fire.
According to the complaint, the victim’s body was discovered Friday in her burning vehicle in San Jacinto County. Firefighters extinguished the flames and found the woman inside.
The investigation eventually led to Ham after it was discovered he had allegedly complained previously about not getting his mail delivered properly, according to the complaint.
Ham was located after an extensive manhunt and arrested without incident Sunday, May 20, 2013, near his home in San Jacinto County.
If convicted, he could potentially face the death penalty.
A variety of local, state and federal law enforcement agencies have been and will continue to work together in furtherance of the investigation and prosecution of this matter to ensure the proper administration of justice.
The case is being investigated by the USPIS, San Jacinto County Sheriff’s Office, Texas Rangers, San Jacinto Constable Precinct 4, Texas Department of Criminal Justice, Montgomery County Sheriff’s Department, Texas Parks and Wildlife, San Jacinto County Fire Marshall and the San Jacinto County District Attorney’s Office. Also providing assistance was the Bureau of Alcohol, Tobacco, Firearms and Explosives and the volunteer fire departments in Point Blank and Cape Royale. Assistant United States Attorneys Casey MacDonald, Suzanne Elmilady and Joe Magliolo are prosecuting.
An indictment is a formal accusation of criminal conduct, not evidence.
Third Person Charged in Relation to Financial Investigation and Multiple Area BusinessesRead the Press Release
CORPUS CHRISTI, Texas – Leroy Mitchan Jr., 33, of Corpus Christi, has been indicted as a result of the efforts of a multi-agency investigation into the structuring of financial transactions, United States Attorney Kenneth Magidson announced today.
Mitchan is the third person indicted as part of this structuring conspiracy. Kimberly Davis, 27, and Justin Colmenero, 30, both of Corpus Christi, were indicted last month.
This indictment, returned just moments ago, alleges the defendants conspired to structured more than $100,000 in cash deposit transactions over a 12-month period with a domestic financial institution in order to avoid the legal reporting requirements of the bank.
Mitchan was arrested upon the filing of a criminal complaint on May 31, 2013. At the time of his arrest, he was allegedly in possession of synthetic marijuana. He later appeared before U.S. Magistrate Judge Jason B. Libby for a detention hearing, at which time the government detailed searches that had been executed at four local businesses as well as Mitchan’s residence. A Drug Enforcement Administration (DEA) agent testified that agents located hydroponic marijuana, synthetic marijuana, hash and THC oil at Mitchan’s residence. Testimony further revealed that agents located a safe with approximately $360,000 and synthetic marijuana at Uncle Mike’s Rent To Own as well as six firearms, one of which was reported stolen, at Mr. Nice Guys Auto in Corpus Christi.
An agent with Internal Revenue Service – Criminal Investigation (IRS-CI) also testified at the hearing that the structuring conspiracy involved several transactions totaling more than $450,000.
Mitchan was permitted to remain on bond pending further criminal proceedings. If convicted, he faces up to 10 years in federal prison and a possible $500,000 fine.
The investigation leading to the criminal charges was conducted in Corpus Christi lead by IRS-CI, DEA and the Corpus Christi Police Department. The case is being prosecuted by Assistant United States Attorneys Hugo R. Martinez and Lance A. Watt.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Local Cook Heads to Prison for Soliciting A Child for SexRead the Press Release
CORPUS CHRISTI, Texas – Corpus Christi resident Daniel Ricardo Barrientos, 30, has been ordered to federal prison following his conviction of soliciting a child for sex through the Internet, United States Attorney Kenneth Magidson announced today. A Corpus Christi federal jury convicted Barrientos on March 7, 2013, after a two-day trial.
Today, Senior U.S. District Judge Hayden Head, who presided over the trial, handed Barrientos a 121-month sentence. At the hearing, Judge Head stated that the sentence imposed was necessary to protect the public. Barrientos will also be required to serve a term of 15 years of supervised release following completion of the prison term, during which time he will be required to comply with numerous conditions that restrict his access to children and the Internet. He must also register as a sex offender.
During his jury trial, the government called several witnesses detailing the offense. The jury learned that Barrientos, a cook at a local chain restaurant, had communicated via email, text and telephone conversations with an undercover officer of the Corpus Christi Police Department’s Internet Crimes Against Children Task Force (CCPD-ICAC). The officer had portrayed herself as a single mother of two daughters ages 12 and 14 who was interested in having her children engage in sexual acts with an adult to which Barrientos responded with his desire to perform various sexual acts with the children.
Barrientos has been in custody since his arrest on Dec. 7, 2012, where he will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and CCPD-ICAC conducted the investigation in a joint effort to protect children from child predators.
This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Laredo Resident Get Max in Firearms CaseRead the Press Release
LAREDO, Texas – Elias Fidel Vega Jr., 22, of Laredo, has been sentenced to 10 years in federal prison for multiple firearms convictions, United States Attorney Kenneth Magidson announced today. Vega pleaded guilty Nov. 13, 2012.
Today, U.S. District Judge Diana Saldana handed Vega the statutory maximum sentence of 120 months on each of his three convictions - possession of firearms by a convicted felon, receipt or possession of unregistered firearms and illegal possession of a machine gun. Each sentence will run concurrent to each other for a total of 10 years in federal prison. Following completion of his prison term, Vega will also be required to serve three years of supervised release. Vega was also ordered to pay a $2,500 fine.
On April 14, 2012, the Laredo Police Department (LPD) received a report of a shooting on the 2600 block of Monterrey Ave. Upon arrival, officers learned about a possible drive-by shooting and found Elias F. Vega Sr. with a bullet wound to his back. Officers further noticed the property was equipped with video surveillance cameras and obtained a consent to search and permission to retrieve the recorded video discs. During the search, officers located large amounts of ammunition, an S&W .40 caliber pistol, an AK-47 assault rifle, $18,000 cash and other miscellaneous items.
Video footage showed Vega Jr. arriving at the house agitated and then leaving with a handgun - later determined to be an S&W .40 caliber pistol. Minutes later, footage revealed a confrontation between Vega Jr. and two individuals at the Vega property. The two individuals left the property and fired into a parked vehicle. Vega fired a .223 Bushmaster, as a fully automatic machine gun, as they departed striking Vega Sr. in the process.
LPD detectives interviewed Vega Jr. and others present during the confrontation prior to the shooting. Detectives inquired as to the whereabouts of the Bushmaster machine gun and Vega Jr. took them to the back area of the property and unearthed the Bushmaster from the backyard.
LPD detectives and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) determined Vega Jr. had been previously convicted in the 49th District Court in Webb County for evading arrest with a motor vehicle in 2010.
Further, LPD detectives and ATF agents did not find any registration records in the National Firearms Registration and Transfer Record to confirm registration of the Bushmaster .223 machine gun to Vega Jr.
ATF inspection and testing of the Bushmaster rifle and various parts revealed it had been altered and converted to fire as a fully automatic machine gun. During testing, the weapon automatically fired five rounds with a single function of the trigger.
The case was investigated by ATF and Laredo Police Department and prosecuted by Assistant U.S. Attorney Raul Guerra.