Southern District of Texas

HOUSTON – A Texas company operating in Harris County has been ordered to pay a significant penalty after admitting they failed to comply with regulations regarding proper screening of cargo through Bush International Airport (IAH), announced U.S. Attorney Alamdar S. Hamdani.

Air Cargo Screening & Solutions LLC (ACSS) pleaded guilty June 7, 2022, admitting they made material false statements in relation to the proper screening of air cargo for explosives on commercial flights.

Today. U.S. District Judge Charles D. Eskridge ordered them to pay a $415,508.16 fine which included the profits for the screenings they did not conduct. The company will also be on probation for five years. At the hearing, the court noted these screening procedures were put in place after 9-11 to provide for the safety and security of passengers and air cargo and that ACSS had violated this trust.

“Checking packages for explosives, packages destined for aircraft carrying passengers, is vital to saving lives and protecting the national security,” said Hamdani. “Whether through significant fines or federal prison time, we will pursue those charged with such security who knowingly shirk that duty. Put simply, companies must answer for potentially putting lives and the nation at risk.”

The Aviation and Transpiration Security Act, passed two months after the Sept. 11, 2001, attacks, mandates the screening for explosives on cargo transported on passenger aircraft. To meet these requirements, Transportation Security Administration (TSA) established guidelines to certify facilities in the United States that screen cargo prior to tendering it to passenger aircraft.

Pursuant to this program, ACSS screened air cargo for domestic and foreign air carriers that traveled through IAH. However, a comparison of records from explosive trace detection machines and forms ACSS employees completed showed that ACSS falsified records, claiming they had screened 100 percent of the cargo passing through their facility when, in truth, they had not.

TSA conducted the investigation. Assistant U.S. Attorney Steven Schammel prosecuted the case.

BROWNSVILLE, Texas – A 21-year-old non-U.S. citizen illegally residing in Harlingen has been ordered to prison following his conviction for attempting to traffic fentanyl and meth, announced U.S. Attorney Alamdar S. Hamdani.

Jorge Mario Vazquez-Zuniga pleaded guilty Dec. 1, 2022.

Today, U.S. District Judge Rolando Olvera ordered Vazquez-Zuniga to serve 84 months in federal prison. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment.

On June 14, 2022, law enforcement stopped Vazquez-Zuniga for following too closely to another vehicle. After a K-9 alerted to the odor of narcotics, authorities searched the vehicle and discovered approximately 10.50 kilograms of meth hidden inside an ice chest.

Vazquez-Zuniga ultimately admitted knowing narcotics were inside his vehicle and agreeing to transport them to another person for financial gain. The investigation led to his residence where law enforcement also located approximately 8.08 kilograms of fentanyl.

Vazquez-Zuniga will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration conducted the investigation with the assistance of Homeland Security Investigations and the Texas Department of Public Safety. Assistant U.S. Attorney Edgardo J. Rodriguez prosecuted the case.

HOUSTON – A Florida man and Texas woman have been ordered to prison following their conviction of wire fraud during the COVID-19 pandemic, announced U.S. Attorney Alamdar S. Hamdani.

Dylan Kinlock, 30, Orlando, Florida, and Felicia Garza, 37, Houston, pleaded guilty in January to conspiracy to commit wire fraud in connection with a scheme to defraud the United States of COVID-related disaster loan proceeds.

Today, U.S. District Judge David Hittner ordered Kinlock to serve 56 months in federal prison, while Garza received 24-month-term of imprisonment. Both must also serve three years of supervised release following completion of prison terms. Additionally, the Court ordered Dylan Kinlock to forfeit to the United States $312,573.05 in funds found in a bank account as well as his home in Orlando. Kinlock was also ordered to pay restitution to the United States in the amount of $939,379, offset by the amount recovered by the forfeiture. 

Kinlock and Garza admitted they devised a scheme to solicit others to fraudulently apply for Paycheck Protection Program (PPP) loans the Coronavirus Aid, Relief and Economic Security (CARES) Act provided. The two utilized victims’ personal information to create falsified documents and applied for a PPP loan on their behalf.

The fraud scheme resulted in at least 241 fraudulent PPP loans which led to the distribution of more than $1 million. Kinlock received at least $939,379 in fee income from individuals he assisted in securing the fraudulent PPP Loans.   Garza was paid by Kinlock to refer PPP clients to him.  She also helped Kinlock file a fraudulent PPP loan application on her own behalf.

Numerous individuals residing in the Southern District of Texas applied for PPP loans through Kinlock. They were referred to Kinlock by Garza and they all reported that Kinlock attached fraudulent documents to their application without their knowledge, and the applications contained false statements about the number of employees their business had. 

The false documents included fictitious Schedule C tax forms reporting profit or loss from a business, 1099-MISC forms and invoices reporting incorrect income to qualify for the loans. Kinlock and Garza solicited each victim to execute a contract in which they agreed to share a portion of their PPP loans.

After clients received their PPP loan funds, Kinlock  directed the client to send fees through various means including direct deposit into a bank account or electronic payment methods such as Zelle, CashApp or Venmo. Fees ranged from $3000 to $4,000 per loan or 20% of the amount the client received.

Both used the monies for their personal benefit. Notably, Kinlock used some of the funds to pay off his home in Florida. As part of his plea, he also agreed to forfeit that residence.

The CARES Act is a federal law enacted March 27, 2020, to provide emergency financial assistance to the millions of Americans who suffered the economic effects caused by the COVID-19 pandemic.

Kinlock will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Garza was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

IRS - Criminal Investigation conducted the investigation. Assistant U.S. Attorney Jay Hileman prosecuted the case.

McALLEN, Texas – A 59-year-old legal permanent resident of Mission has been ordered to remain in custody for his role in attempting to smuggle an undocumented alien, announced U.S. Attorney Alamdar S. Hamdani.

Ernesto Gaona-Gonzalez appeared before U.S. Magistrate Judge Nadia S. Medrano who found him to be a danger to the community and a flight risk and ordered him to remain in custody pending further criminal proceedings.

A federal grand jury retuned the indictment April 5, which was unsealed upon his arrest April 12.

Gaona allegedly attempted to transport an alien by motor vehicle through Mission.

Gaona was employed as a security guard for the purpose of checking vehicles entering Anzalduas Park in Mission.

At the hearing today, the court heard that on Sept. 4, 2022, a female undocumented non-citizen was allegedly being held against her will. Gaona allegedly had the victim in his vehicle and contacted a friend for money in exchange for releasing her.

If convicted, Gaona faces up to five years in prison and a maximum $250,000 fine.

Homeland Security Investigations conducted the investigation with the assistance of Border Patrol and the Federal Air Marshal Service. Assistant U.S. Attorney Jongwoo Chung 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.

McALLEN, Texas – Two brothers residing in La Villa have been ordered to federal prison following their convictions of possession with intent to distribute meth, announced U.S. Attorney Alamdar S. Hamdani.

Roberto Serna pleaded guilty Feb. 3, while his brother Artemio entered his plea Nov. 30, 2022.

Today, Chief U.S. District Judge Randy Crane ordered Roberto to serve 120 months in federal prison to be immediately followed by five years of supervised release.

Artemio was previously ordered to serve the same sentence.

On Sept. 26, 2022, the Sernas sold a kilogram of meth undercover authorities.  

At the time of their plea, the brothers admitted to selling the drugs on two separate occasions.

The FBI conducted the investigation. Assistant U.S. Attorney Robert L. Guerra Jr. prosecuted the case.

HOUSTON – Executives and leaders of the Texas Medical Center (TMC) have learned about the dangers of cyberattacks by malicious actors like China, Russia and transnational criminals and how to tackle those attacks, announced U.S. Attorney Alamdar S. Hamdani.

The U.S. Attorney’s Office (USAO) along with FBI, Homeland Security Investigations, Cybersecurity and Infrastructure Security Agency and the Food and Drug Administration provided the training which included essential tools and protocols for TMC attendees to follow if their facilities are subject to cyber intrusions.   

Methodist Hospital hosted the training event with attendees from Memorial Herman Hospital, Texas Children’s Hospital, MD Anderson, Baylor College of Medicine and the University of Texas Health System. 

Criminal organizations and nation state actors like China, Russia and Iran as well as other bad actors have become more sophisticated in their ability to launch cyber-attacks against critical infrastructure such as the health care facilities in the TMC. 

“It is essential to national security and crucial to the safety of patients for federal law enforcement to work closely with the health care sector to develop resilient and adaptive defenses against malicious cyberspace activity and network intrusions,” said Hamdani. “The USAO will continue to seek opportunities to enhance collaboration with our law enforcement partners and the health care industry to prevent potential network intrusions and ensure greater unity of effort in response to cyber incidents.”

On a weekly basis, hundreds of cyberattacks occur on businesses all across the Southern District of Texas. There must be a quick response team in place to immediately address the intrusion in order to circumvent major damage and losses. The USAO routinely works with other prosecutors and law enforcement in the district to stay ahead of potential cyber threats. 

As the global economy enters another year of Russia’s invasion of Ukraine, and China continues to seek to disrupt critical industries like the health care sector, the private industry must be reminded to be diligent about their networks and to know their response plans, have a paper copy available and review their cyber-related insurance policies.

The USAO has established contact lines for assistance 24 hours a day. If you have fallen victim to an intrusion, inadvertently diverted funds to an unknown third-party or suffered a ransomware attack, please email directly or call the hotline at 713-542-5213.  

Nine defendants – including three compounding pharmacy owners, a physician, two pharmacists, and three patient recruiters – were sentenced yesterday for their respective roles in a years-long, multi-state scheme to defraud the Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and TRICARE, the health care program for U.S. service members and their families.

The sentences include:

• John Cruise, 52, of Houston, a former co-owner of Assurance Consolidated Pharmacy (ACP), a pharmacy located in Spring, Texas, as well as an owner of the Injured Federal Workers Advocate Association (IFWAA), an organization that purported to assist injured federal workers, was sentenced to 20 years in prison.
• LaShonia Johnson, 50, of Houston, a former co-owner of ACP with her husband and co-defendant Cruise, and director at IFWAA, was sentenced to 15 years in prison.
• Kenny Ozoude, 48, of Houston, former owner of Compounding Solutions LLC, a Houston-based pharmacy, was sentenced to 10 years in prison.
• James Don Jackson, 63, of Tyler, Texas, a medical doctor licensed in Texas, was sentenced to five years in prison.
• Nirvana Hightower, 56, of Houston, a pharmacist licensed in Texas and pharmacist-in-charge at Compounding Solutions LLC, was sentenced to five years in prison.
• Keith Hudson, 55, of Humble, Texas, a pharmacist licensed in Texas and pharmacist-in-charge at ACP, was sentenced to 3 years in prison.
• Audra Jones, 46, of Houston, was sentenced to two years and six months in prison.
• Terrance Aice, 50, of Carrollton, Texas, a patient recruiter, was sentenced to one year and six months in prison.
• Sherod Johnson, 44, of Las Vegas, a patient recruiter, was sentenced to one year and six months in prison.

The defendants submitted false and fraudulent claims to the OWCP and TRICARE for prescriptions for compounded and other drugs prescribed to injured federal workers and members of the armed forces. The defendants also paid kickbacks to patient recruiters and physicians to prescribe these drugs. The defendants chose the particular compounds and other drugs based not on the patients’ medical needs but in light of the amount of reimbursement for the drugs. The drugs were then mailed to patients, even though the patients often never requested, wanted, or needed them. 

Four additional defendants (Dr. Jay Bender, Dr. Deepak Chavda, Donathan Kemp, and Naresh Jivanji) are scheduled to be sentenced on May 25.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas, Special Agent in Charge Jonathan Ulrich of the U.S. Postal Service Office of Inspector General (USPS-OIG), Special Agent in Charge Steve Grell of the Department of Labor Office of Inspector General (DOL-OIG), Special Agent in Charge Michael Mentavlos of the Department of Defense Office of Inspector General (DOD-OIG), and Special Agent in Charge Kris Raper of the Department of Veteran’s Affairs Office of Inspector General (DVAO-OIG) South Central Field Office made the announcement.

The USPS-OIG, DOD-OIG, and DOL-OIG investigated the case with assistance from the DVAO-OIG.

Trial Attorneys Catherine Wagner and Patrick J. Queenan of the Criminal Division’s Fraud Section prosecuted the case. Assistant Chief Scott Armstrong, Assistant Chief John “Fritz” Scanlon, Trial Attorney Michael McCarthy, and former Trial Attorneys Jay McCormack and Sarah Edwards of the Fraud Section previously prosecuted the case.

McALLEN, Texas ‐ An owner of a Rio Grande Valley area home health company has been ordered to prison for his conviction of conspiracy to commit health care fraud, announced U.S. Attorney Alamdar S. Hamdani. 

Miguel Angel Contreras, 44, McAllen, pleaded guilty April 14, 2016.

Today, U.S. District Judge Micaela Alvarez ordered Contreras to serve a 45-month sentence to be immediately followed by one year of supervised release. Contreras was also ordered to pay $1,037,353.78 in restitution. In handing down the sentence, Judge Alvarez noted the lengthy duration of the fraud and the multiple ways in which the fraud was committed.

Contreras was an owner and administrator for Sambritt Home Health LLC. As part of his plea, he admitted he submitted false and fraudulent claims to Medicare for reimbursement of home health services that were not provided, that a physician had not authorized and/or were not medically necessary.

The false and fraudulent claims Contreras submitted to Medicare totaled $724,056.02. As a result of the false and fraudulent claims, Medicare paid approximately $1,037,353.78.

Contreras further admitted he paid illegal kickbacks in exchange for patient information, including patient Medicare numbers. He and/or his co-conspirators would then use the fraudulently obtained Medicare numbers to submit claims to Medicare in order to receive reimbursements.     

As part of his plea, Contreras admitted he forged and/or caused others to forge the signatures of physicians on the referral forms or 485 forms, knowing the physicians did not authorize the need for home health services and/or that the beneficiaries did not need or qualify for home health services. Contreras directed employees to create “ghost notes” for patient files which were intended and calculated to make the fraudulent claims submitted to Medicare appear legitimate. Contreras also admitted he directed employees and/or co-conspirators to bill Medicare for home health services with 485 forms which were missing physician signatures.    

Contreras 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 Department of Health and Human Services‐Office of Inspector General, the FBI, and the Texas Health and Human Services Commission-Office of Inspector General conducted the investigation. Assistant U.S. Attorney Michael Day is prosecuting the case.

McALLEN, Texas – A 35-year-old U.S. citizen residing in Monterrey, Mexico, has been ordered to federal prison following his conviction of smuggling two kilograms of cocaine and six kilograms of meth, announced U.S. Attorney Alamdar S. Hamdani.

A federal jury deliberated for approximately 45 minutes before convicting, Nestor Alan Garcia before returning a guilty verdict Sept. 22, 2022, on all six counts as charged following a four-day trial.

Today, U.S. District Judge Randy Crane ordered Garcia to serve 144 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard arguments on whether Garcia had a larger role in the conspiracy beyond his participation as a transporter. The court heard that Garcia should receive an appropriate sentence based on the amount and purity of the drugs he and others smuggled into the country.

According to the testimony, Garcia attempted to enter the Hidalgo Port of Entry in a taxi on May 13, 2022. He claimed he was going to a party in McAllen and had a box of “pulparindo” candy, puppies and various meat products. Authorities referred Garcia to secondary inspection. There, a search of the box of candy revealed approximately 6.2 kilograms of meth and 2.08 kilograms of cocaine. 

Law enforcement testified Garcia had attempted to hide the narcotics in a box of candy and later lied when he claimed he did not know how the drugs had been placed in the box or came into his custody. He coordinated the smuggling of the narcotics with his mother for days ahead of the smuggling event at the Hidalgo Port of Entry.

The defense attempted to convince the jury Garcia had no knowledge of the drugs and was simply doing a favor for his mother. The jury did not believe those claims and found him guilty as charged. 

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Eliza Carmen Rodriguez and Lee Fry prosecuted the case.

McALLEN, Texas – A 39-year-old Mexican woman illegally residing in Edinburg has been sentenced for her role in harboring aliens, announced U.S. Attorney Alamdar S. Hamdani.

Sanjuana Yurit Garcia-Salazar pleaded guilty Nov. 2, 2022.

Today, Chief U.S. District Judge Randy Crane sentenced her to a total of 24 months in federal prison. Not a U.S. citizen, Garcia-Salazar is expected to face removal proceedings following her imprisonment. At the hearing, the court heard additional evidence that Garcia was an indispensable link in the chain of events that led to the death of a migrant. In handing down the sentence, the court noted alien smuggling is an inherently dangerous crime, and the harborers, transporters and money launderers in the conspiracy all understand the risks migrants face as they must walk through the South Texas brush in sweltering heat.

“Leaving a migrant’s dead body on the side of the road is a growing and common tragedy along the southern border and shows the callousness of human smugglers,” said Hamdani. “Today’s sentence is a message that our office will aggressively prosecute those who smuggle migrants and harbor migrants, treating them as chattel and endangering their lives solely for profit.”

Law enforcement had discovered the body of a deceased Guatemalan citizen in Edna near FM 234.

The investigation revealed the victim had been harbored at a residence in Edinburg before transportation further into the United States.

Authorities went to a residence believed related to the crime residence Sept. 13, 2022, where they encountered Garcia-Salazar. A subsequent search led to the discovery of 21 individuals illegally present in the United States. Garcia-Salazar admitted she harbored 50 to 60 individuals per week for two years for financial gain.

She further acknowledged knowing about the Guatemalan male whom she had harbored at her residence. She noted he had a really bad cough before being transported away from her residence.

Garcia-Salazar has been in custody since her arrest where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Border Patrol conducted the investigation with the assistance of the Jackson County Sheriff’s Office.

Assistant U.S. Attorney Jongwoo Chung prosecuted the case, which was brought as part of the Missing Migrant Program (MMP). Established in 2021, MMP’s objective is to review migrant smuggling fatalities and determine if there is the possibility of further investigation and prosecution.

A federal jury convicted a Texas physician and clinic office manager yesterday for operating a pill-mill clinic that unlawfully prescribed over 600,000 opioid pills in exchange for cash.

According to court documents and evidence presented at trial, Dr. Oscar Lightner, 73, and Andres Martinez Jr., 29, both of Laredo, operated Jomori Health and Wellness (Jomori), a purported Houston pain management clinic, as a pill mill. Lightner, who was the owner of and physician at Jomori, unlawfully prescribed dangerous combinations of controlled substances including hydrocodone, carisoprodol, and alprazolam to his patients without a legitimate medical purpose, in exchange for cash payments ranging from $250 to $500 per patient. Martinez, who was Jomori’s office manager and Lightner’s stepson, coordinated with “crew leaders” to bring multiple people – including individuals living in homeless shelters – into Jomori to pose as patients. Jomori received over $1.2 million in cash over fourteen months through its scheme that resulted in the unlawful distribution and dispensing of over 600,000 Schedule II opioids – including hydrocodone – and other controlled substances.

Lightner was convicted of one count of conspiracy to distribute and dispense controlled substances and two counts of unlawfully distributing and dispensing controlled substances. Martinez was convicted of one count of conspiracy to distribute and dispense controlled substances and one count of unlawfully distributing and dispensing controlled substances. Lightner and Martinez face a maximum penalty of 20 years in prison on each count and are both are scheduled to be sentenced on Aug. 8. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas, and Special Agent in Charge Daniel C. Comeaux of the DEA made the announcement.

The DEA investigated the case.

Trial Attorneys Monica Cooper and Andrew Tamayo of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

HOUSTON – A federal jury has returned a guilty verdict against a 44-year-old health care marketer in a conspiracy to pay and receive health care kickbacks, announced U.S. Attorney Alamdar S. Hamdani.

The jury deliberated for 15 minutes following a two-day trial before finding Patrick Osemwengie, Richmond, guilty of a one-count conspiracy to pay and receive kickbacks.

“Health care peddlers like Osemwengie prey on the elderly and are part of the larger health care fraud problem,” said Hamdani. “Illegal kickbacks and related crimes damages Medicare’s ability to help those that truly need it. We will continue to prosecute these individuals and work to preserve the system designed to protect and insure our nations’ most vulnerable citizens.”

At trial, the jury heard from witnesses from Ebra Home Health who testified Osemwengie would sell them Medicare patients. He charged $500 a kickback for an initial home health certification and a $250 kickback for a recertification.

A Medicare representative testified that Medicare prohibits payment of kickbacks for home health services.

The jury also heard from an elderly Medicare beneficiary who explained how Osemwengie paid him money to sign up for home health care companies including Ebra Home Health. He testified he was not able to get home health when he actually needed it because of the past fraudulent billings Osemwengie helped facilitate.

Evidence revealed Osemwengie received $13,000 in kickback payments from Ebra Health Care Services.

The defense attempted to convince the jury Osemwengie was being paid $50 an hour for passing out flyers and not that the money was a result of kickbacks. However, the owner of Ebra Home Health refuted that assertion at trial and testified Osemwengie was paid per patient, in violation of the anti-kickback statute. The jury did not believe the defense and found Osemwengie guilty as charged.

U.S. District Judge Sim Lake presided over the trial and has set sentencing for July 7. At that time, Osemwengie faces up to five years in federal prison as well as a possible $250,000 maximum fine. 

Osemwengie was permitted to remain on bond pending that hearing.

The Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services - Office of Inspector General and FBI conducted the investigation. Special Assistant U.S. Attorney Abdul Farukhi and Assistant U.S. Attorney Christian Latham prosecuted the case.

HOUSTON – A 23-year-old non-U.S. citizen illegally residing in Houston has pleaded guilty to illegally re-entering the country and to unlawfully possessing a firearm, announced U.S. Attorney Alamdar S. Hamdani.

Jairon Odair Pineda-Gomez is a citizen of Honduras and is an alleged member of the 18th Street gang.

In January 2021, Pineda-Gomez was arrested for illegally re-entering the country. Released on bond, he later cut off his ankle monitor and absconded while charges were pending.

Authorities arrested him for the bond violation in September 2022, at which time he had a Smith & Wesson .40 caliber pistol in his backpack. Records indicate Pineda-Gomez had pointed the pistol at multiple people, including a 9-year-old child, in July 2022. He was also seen on surveillance video shooting a gun in the air. 

Chief U.S. District Judge Randy Crane accepted the plea and set sentencing for June 21. At that time, Pineda-Gomez faces up to 15 years for the firearms conviction as well as another two for the illegal re-entry as well as a possible $250,000 maximum fine. 

He has been and will remain in custody pending that hearing.

U.S. Marshals Service and Immigrations and Customs Enforcement Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorney Stephanie Bauman is prosecuting the case.

McALLEN, Texas – A 49-year-old Rio Grande City man has been arrested for Travel Act violations, federal programs theft and Hobbs Act extortion under color of official right, announced U.S. Attorney Alamdar S. Hamdani.

Victor Canales was the former county attorney for Starr County. He is expected to make his initial appearance before U.S. Magistrate Judge Nadia S. Medrano at 9 a.m. Monday, April 10.  

A federal grand jury returned the nine count indictment April 5, which was unsealed today upon his arrest.

According to the indictment, from on or about Jan. 1, 2005, until on or about April 20, 2022, Canales was the elected county attorney. In that role, he had the authority to collect fines and fees and to choose whether or not to prosecute certain offenses, according to the charges. 

The indictment also alleges that Starr County had received more than $10,000 in federal benefits each year between 2018-2021. During that time, Canales allegedly embezzled property worth at least $5,000 in each of those years.

Further, Canales knowingly obstructed and affected commerce by extortion by obtaining property not due to him on four separate occasions in 2021, according to the indictment. Canales also allegedly knowingly and willfully used a facility in interstate and foreign commerce to carry on unlawful activity between 2017 and 2021.  

Canales is charged with one count of the Travel Act violations which carries a possible sentence of up to five years in federal prison, upon conviction. He also faces a maximum of 10 years on each of four counts of federal programs theft and up to another 20 years on each conviction of Hobbs Act extortion under color of official right. All charges also carry a possible $ 250,000 maximum fine.

The FBI worked in partnership with the Texas Office of the Attorney General to conduct the Border Corruption Task Force (BCTF) investigation with the assistance of OCDETF Operation Ice River agencies including the Drug Enforcement Administration, Texas Department of Public Safety – Texas Rangers and Homeland Security Investigations.

The BCTF is comprised of multiple state and federal agencies that serve to disrupt and dismantle corrupt domestic public officials that operate along the southwest border.  

Assistant U.S. Attorney Patricia Cook Profit 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.

HOUSTON – A local woman has been convicted of seven counts of aiding and assisting in preparing false tax returns, announced U.S. Attorney Alamdar S. Hamdani.

A federal jury sitting in Houston returned a guilty verdict April 3 against Cheryl Christin Kissentaner following a four-day trial.

At trial, the jury heard from federal agents as well as five of Kissentaner’s clients.

Testimony and evidence revealed individuals paid Kissentaner to prepare tax returns from 2016 through 2019 through her company First Financial Tax Services. However, she was not legally allowed to do so. The jury heard that a paid tax preparer is required to have paid all of his or her own tax returns, but  Kissentaner had failed to pay her 2012-2017 tax returns until late 2019. This was after the tax returns she prepared and filed for a fee.

From 2016 through 2019, Kissentaner prepared at least nine tax returns in which she created fake businesses that allegedly operated at losses. They also claimed false fuel tax credits, state income tax deductions for Texas residents (who did not pay a state income tax), false medical expenses, false medical expenses, unemployed reimbursement expenses, false contributions to charity, other false expenses for businesses and failed to report IRA distributions.

Kissentaner also claimed that, pursuant to an engagement letter she prepared for her clients, she owed no duty to examine their returns for fake claims. However, Kissentaner filed numerous certificates under oath with the IRS in which she promised the government she would exercise due diligence in examining the tax returns she prepared and filed. She also charged tax preparer fees well in excess of other firms that provided the same services and asked potential clients to identify a reference and offered them a fee if they referred individuals themselves. 

At trial, evidence showed that 98 percent of her clients obtained a refund even though several owed as much as $25,000 and did not pay any income taxes throughout the year. One such client had been obtaining a refund in excess of $8,000 each year. However, after Kissentaner became aware she was under investigation, that client was informed she owed over $10,000. When she inquired as to the change, Kissentaner untruthfully claimed that it was due to a change in the tax law and due to the client’s son now attending college on a full-time basis. 

Further, a large percentage of Kissentaner’s clients claimed fuel tax credits despite the fact that only 0.2 percent of all tax payers would be eligible for that benefit.      

U.S. District Judge David Hittner presided over the trial and set sentencing for June 29. At that time, Kissentaner faces up to three years imprisonment for each count of conviction.

She has been and will remain in custody pending that hearing.

IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman and Tyler White prosecuted the case.

HOUSTON – A 37-year-old Galveston resident was has handed a significant sentence for distribution and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Bryan Calderon pleaded guilty March 31, 2022.

Today, U.S. District Judge Brown sentenced him to 92 months each for the distribution and possession of child pornography convictions, respectively, both to be run concurrently. At the hearing, the court heard additional information regarding the vast collection of child pornography found in Calderon’s electronic devices after law enforcement executed a search warrant at his residence in February 2021.

Calderon was further ordered to pay restitution to the victims, but the specific amount will be determined at a later date. He must also serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Calderon will also be ordered to register as a sex offender.

Calderon came to the attention of law enforcement based on a cybertip to the National Center for Missing and Exploited Children. An IP address appeared to be distributing child pornography to messenger groups using links to cloud storage files. The investigation led to Calderon and his residence in Galveston.

Law enforcement executed a search warrant and seized several electronic devices to include laptop computers and cell phones. Further analysis ultimately revealed Calderon possessed a total of 771 images depicting child pornography. His collection included prepubescent minors, bondage and bestiality involving minors engaging in sexually explicit conduct.

Calderon will remain in custody pending transfer to a U.S Bureau of Prisons facility in the near future.  

Homeland Security Investigations – Galveston and members of the Houston Metro Crimes Against Children Task Force conducted the investigation.

Assistant U.S. Attorneys Sherin Daniel and Kimberly A. Leo are prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

GALVESTON, Texas – A 38-year-old Brazoria resident has been ordered to federal prison following his multiple convictions, to include sexual exploitation of a child, distribution and possession of child pornography as well as destruction of property, announced U.S. Attorney Alamdar S. Hamdani.

Jake Delahney Taylor pleaded guilty to possession of child pornography and destruction of property Jan. 20, 2022. U.S. District Judge Jeffrey V. Brown later found Taylor guilty of the sexual exploitation of a child and distribution of child pornography following a one-day bench trial.

Today, Judge Brown ordered him to serve 324, 240 and 120 months for the production, distribution and possession convictions, respectively. They will run concurrently for a total 324-month-term of imprisonment He also received a sentence of 60 months for the destruction of evidence which will run concurrently. At the hearing, the court also heard additional information including the impact that Taylor’s conduct had on the minor victim’s family.  Taylor was further ordered to serve 10 years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Taylor will also be ordered to register as a sex offender.

“It is despicable that someone would secretly record a child’s normal bathroom activity and then crop and edit it into a sexual striptease,” said Hamdani. “Loathsome individuals like Taylor who produce child pornography and share it with perverted like-minded individuals need to be stopped and pay the price for the harm they cause. We hope today’s sentence will send that message and do just that.” 

The investigation revealed Taylor had surreptitiously recorded a 13-year-old minor female relative while she was in the bathroom on five different occasions. Taylor then edited the videos in order to create still images of the minor victim which depicted her private areas. He then sent some of these images to other individuals on Kik with whom he had also discussed his sexual interest in children.  

The mother of the child found some of the images and contacted law enforcement. 

A search led to the discovery of electronic devices which later yielded 118 images and 134 videos of the minor victim. Taylor also had 84 videos and 24 images of child pornography in his collection.  

Taylor has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Pearland Police Department, Homeland Security Investigations-Galveston and Houston Metro Internet Crimes Against Children Task Force conducted the investigation.

Assistant U.S. Attorneys Kimberly Leo and Sherin Daniel are prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

HOUSTON – A 38-year-old Houstonian has been ordered to federal prison following his conviction of conspiracy to distribute meth during a drug transaction that occurred in an IKEA parking lot, announced U.S. Attorney Alamdar S. Hamdani.

Josue Daniel Casco pleaded guilty July 6, 2021.

Today, US District Judge Andrew Hanen sentenced Casco to a total of 360 months in federal prison to be immediately followed by five years of supervised release. The sentence represents enhancements to include attempting to evade arrest and putting authorities at risk. The court also ordered the forfeiture of the three and ammunition law enforcement had seized upon his arrest.  

"This drug dealer showed no regard for human life when he brought 15 kilos of meth and three loaded guns to a local IKEA parking lot while local residents shopped,” said Hamdani. “He and his AR-15 holding partner in crime exposed our community to an extremely potent drug and could have caused more harm in a flagrant attempt to flee. Thanks to the quick and brave action of law enforcement and the subsequent prosecution, two dangerous criminals, along with their guns and meth, are off the streets.”   

The undercover investigation began in September 2020, when authorities learned of a potential narcotics transaction via a Mexican phone number. Continued communication led to Casco, in Houston, agreeing to sell 15 kilograms of crystal meth for more than $100,000.

On Oct. 8, 2020, Casco drove a while Chevy Malibu to the IKEA on Katy Freeway in Houston. Co-defendant – Dante Nava, 39, Houston – was holding a loaded AR-15 style weapon in one hand as he leaned against a brown cardboard box which housed the drugs.

Authorities quickly moved to arrest both men. However, instead of complying with commands, Casco immediately accelerated and rammed into undercover law enforcement vehicles.

No one was injured.

At the time of the arrests, authorities found a loaded Glock 30 SF in the Nava’s waistband and another Glock 30 SF with fully loaded magazine on the front passenger seat. In total, they seized three weapons a total of 62 rounds of ammunition.  

Nava also pleaded guilty and was previously sentenced.

Both men have been and will remain in custody.

The Drug Enforcement Administration, police departments in Pasadena and Houston and Harris County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney (AUSA) Shelley J. Sullivan and former AUSA Ed Gallagher Sullivan prosecuted the case.

HOUSTON - A 46-year-old Huffman resident has been sent to prison for conspiracy to possess with intent to distribute more than five kilograms of cocaine, announced U.S. Attorney Alamdar S. Hamdani.

Priscella Yvette Cervantes is the estranged wife of a former Harris County Precinct 1 deputy constable. A federal jury convicted her Oct. 25, 2022, following a four day-trial and approximately two hours of deliberations.

Today, U.S. District Judge David Hittner sentenced her to a total of 121 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional argument about the sufficiency of the evidence that detailed the criminal investigation. 

On or about Dec. 5, 2020, Cervantes escorted a tractor-trailer in a “ghost” police vehicle – which is a vehicle that has lights and sirens and a police decal. Her co-defendant and now estranged husband, Alexsandar S. Reyes, met her off Interstate 10 in his marked constable vehicle and then continued to escort the tractor trailer through the Houston area on I-10.

After the drug escort, Reyes received a total of $6000 in cash which Cervantes believed would be split with her.  

At trial, the defense attempted to convince the jury that Cervantes did not know anything about the drug proceed monies or the cocaine.  The jury did not believe those claims and found her guilty as charged.

Reyes, 49, also of  Huffman, had previously pleaded guilty and is pending sentencing.

Cervantes has been in custody since the return of the verdicts where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI conducted the investigation with assistance of Harris County Precinct 1 Constable’s Office, Houston Police Department and Texas Department of Public Safety.

Assistant U.S. Attorneys Carolyn Ferko and Heather Winter prosecuted the case.

VICTORIA, Texas – A 32-year-old non-U.S. citizen illegally residing in Houston has been sent to prison for conspiracy commit hostage taking, announced U.S. Attorney Alamdar S. Hamdani.

Urbino Garcia-Bahena pleaded guilty Aug. 22, 2022.   

Today, Senior U.S. District Judge John D. Rainey ordered Garcia-Bahena to serve 151 months in federal prison. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment. At the hearing, the court heard additional evidence of how he and his co-conspirators operated the stash house in Houston using threats, intimidation and starvation to hold people there.

The investigation began when authorities found a young woman discarded and deceased on the side of the road in Victoria County. In a search for those responsible for her death, law enforcement learned of Garcia-Bahena and his co-conspirators. They were holding and mistreating another undocumented person who they had illegally transported into the country.

The man’s family had already paid $10,000. However, Garcia-Bahena and others were demanding and additional $3,500 for the victim’s release.

The investigation revealed the group had discarded the young woman after she died in their care. Law enforcement had rescued the second victim after he had been held for five days without food and been mistreated.

Garcia-Bahena has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Victoria Homeland Security Investigations conducted the investigation along with the Victoria County Sheriff’s Office. Assistant U.S. Attorney Patti Hubert Booth prosecuted the case.

CORPUS CHRISTI, Texas – A local tax preparer has admitted to preparing false and fraudulent tax returns on behalf of Texas taxpayers, announced U.S. Attorney Alamdar S. Hamdani.

Berlinda Luikens was the owner and operator of a tax preparation business known as the Tax Company in Corpus Christi.

Luikens admitted that between 2016 and 2020, she filed false and fraudulent tax returns for taxpayers. In those fraudulent returns, Luikens knowingly reported false business and farming losses and false charitable deductions in amounts she knew the taxpayers were not entitled to claim.

The fraudulent tax returns resulted in a loss of at least $446,301 to the United States.

“Tax season ends on April 15, but there is no end to our efforts to bring tax criminals to justice,” said Special Agent-in-Charge Ramsey E. Covington of IRS Criminal Investigation’s (IRS-CI) Houston Field Office. “Our special agents are the best in the business when it comes to solving financial crimes, which is why more than 90 percent of our cases result in convictions.”

U.S. District Judge Ramos will impose sentencing June 28. At that time, Luikens faces up to three years in federal prison and a possible $250,000 maximum fine. She was permitted to remain on bond pending that hearing.

IRS – CI conducted the investigation. Assistant U.S. Attorney John Marck is prosecuting the case.

# # #

HOUSTON – The 11th member of a 12-person robbery crew has been ordered to prison for his role in a string of armed robberies including one in which shots were fired, announced U.S. Attorney Alamdar S. Hamdani.

Denzell Devoe Lucious, 31, Houston, pleaded guilty in March 2022.

Today, U.S. District Judge Andrew Hanen imposed a total of 168 months in federal prison - 84 months for the robberies and a consecutive 84 months for aiding and abetting the use of a firearm during a crime of violence. The sentence will be to be immediately followed by three years of supervised release.

Others previously convicted and sentenced include Lontay Lavelle Young, 39, Deshaun Devon Waldrup, 27, Edward Ray Lavergne Jr., 39, Jesse Markise McQueen, 32, Kevin Craig Gray, 38, Louis Jerome Hines, 44, Terry Dwight Washington, 37, Tony Dontrel Young, 32, Barry Lloyd Jones, 30, Ross White-Leonard, 33, and Kenneth Dewayne Cooper, 34. All are from Houston.

Lontay Young, Tony Young, Waldrup, Lavergne, McQueen, White-Leonard and Jones received respective sentences of 209, 132, 125, 114, 180, 102 and 156 months, respectively. Gray and Washington both received 147-month-terms of imprisonment, while Hines was ordered to serve 171 months. Cooper is still pending sentencing.

This group conducted at least six robberies over the course of six months at various commercial establishments.

On Oct. 22, 2015, Lontay Young and Hines robbed the Family Dollar store on Wayside in Houston while wearing masks and carrying handguns.

Then, on Jan. 11, 2016, Jones, Cooper, Lucious and McQueen traveled outside of Houston to rob the Ben Bridge Jewelers at Barton Springs Mall in Austin. There, they stole a significant amount of Rolex watches and jewelry.

Less than two weeks later, this group, along with Tony Young, also robbed the Kay Jewelers located at the Houston Premium Outlet Mall. While Jones, Cooper and Young accosted the employees at gunpoint, Lucious sat outside acting as a lookout. McQueen distracted the security guard while the robbery occurred. They again stole numerous watches and jewelry.  

On March 3, 2016, Lontay Young, Washington, Gray and Lavergne also held up the ANF Auto Finance on North Shepherd Drive. They entered the business acting as customers until Gray pulled out a gun. They then stole cash and property of the business, employees and customers.

Lontay Young later proceeded to commit two more robberies. Those included the March 9, 2016, robbery of Cash America Pawn on Jensen Drive with Waldrup and the Affordable Furniture store on the North Freeway on March 17, 2016, along with Jones and White-Leonard.

At the time of the furniture store robbery, authorities arrived on scene and shots were fired.

All have been and will remain in custody.

The Bureau of Alcohol, Tobacco and Firearms conducted the investigation in conjunction with police departments in Houston and Austin and Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard Hanes and Heather Winter are prosecuting the case.

CORPUS CHRISTI, Texas – A 47-year-old Donna man has received a significant sentence following his conviction of conspiracy to traffic meth, announced U.S. Attorney Alamdar S. Hamdani.

Cesar Rocha pleaded guilty March 30, 2022.

Today, U.S. District Judge David S. Morales ordered Rocha to serve 228 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that the meth had been smuggled in from Mexico before Rocha took possession and moved it further north. In handing down the sentence, the court noted Rocha’s prior convictions for similar offenses, possession with intent to distribute and delivery of controlled substances in Tennessee and Alabama, respectively.

On Nov. 28, 2021, a K-9 alerted law enforcement to specific luggage on a Greyhound bus that was traveling from Harlingen to Corpus Christi. Upon opening the bag, they found a wrapped bundle containing nearly one kilogram of meth.

Surveillance footage revealed Rocha had carried the bag in from the bus station in Harlingen. He also purchased a ticket for another individual and put that person on the bus with the bag containing the drugs. Authorities discovered 12 other bus trips matching the same pattern that occurred from December 2020 to November of 2021.

Rocha will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Border Patrol and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Ashley Martin prosecuted the case.

CORPUS CHRISTI, Texas – A 35-year-old from Mexico has been ordered to federal prison for illegal re-entry after deportation, announced U.S. Attorney Alamdar S. Hamdani.

A federal jury found Laureano Mar-Peres guilty Nov. 29, 2022. 

Today, U.S. District Judge David S. Morales ordered him to serve 33 months in federal prison. Not a U.S. citizen, Mar-Peres is expected to face removal proceedings following his imprisonment. In handing down the sentence, Judge Morales noted that how Mar-Peres had been removed from the United States five times.

At trial, testimony revealed that on Jan. 11, 2022, authorities had encountered Mar-Peres attempting to circumvent the Border Patrol (BP) checkpoint in Kenedy County. A fingerprint expert was able to identify Mar-Peres as the same individual previously ordered removed from the United States, the most recent being Oct. 22, 2021.

The defense attempted to convince the jury that because so many people are removed from the United States, there was no way to keep track of all of them. They did not believe those claims and found him guilty as charged.

Mar-Peres has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Patrick Overman and Tyler Foster prosecuted the case.

HOUSTON – A 39-year-old Spring resident has been sent to prison…again, announced U.S. Attorney Alamdar S. Hamdani.

Colt Jacoby Barnett pleaded guilty Oct. 17,2022, to multiple child pornography charges.

Today, U.S. District Judge Randy Crane ordered Barnett to prison for a total of 210 months for distribution, receipt and possession of child pornography as well as destruction of evidence. In handing down the prison terms, the court noted that the troubling fact that he was a repeat offender. Barnett was further ordered to pay $3,000 in restitution to a known victim and will serve 10 years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Barnett will also be ordered to register as a sex offender.

“Offenders who exploit children by repeatedly traumatizing them via collecting and making their images available through the internet are a plague on our society,” said Hamdani. “This defendant was previously prosecuted and punished for similar behavior, and thankfully, the enhanced penalties for repeat offenders ensure he will spend even longer in prison this time, thus protecting our children further from his deviant criminal behavior.”

In January 2019, law enforcement conducted an investigation into the sharing of child pornography through the BitTorrent peer-to-peer network. They soon downloaded a video from a particular internet protocol (IP) address that was over two minutes in length. It showed a female under the age of 12 engaged in oral sex with an adult male.

The IP address was traced back to Barnett’s residence in Spring. The investigation revealed he was a registered sex offender from a previous conviction in 2004 for receipt of child pornography. 

Authorities conducted a search warrant at his residence, at which time Barnett attempted to destroy a laptop computer in his possession. A forensic examination of the hard drive from the damaged laptop revealed 55 videos containing child pornography. 

Barnett was found to have received and distributed child pornography via peer-to-peer programs. Of the 55 videos he possessed, at least two depicted bondage of a child, another two were over five minutes in length and one depicted the penetration of a minor under the age of five. 

Barnett was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

FBI Houston conducted the investigation.

Assistant U.S. Attorney Sherri Zack prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.

HOUSTON – A 63-year-old Sugar Land resident has been ordered to prison for conspiracy to pay and receive kickbacks, announced U.S. Attorney Alamdar S. Hamdani.

Joyce Agu pleaded guilty Oct. 17, 2022.   

Today, U.S. District Judge Randy Crane ordered her to prison for a total of 60 months to be immediately followed by three years of supervised release. At the hearing, the court heard additional regarding Agu’s family and her charitable contributions. However, Judge Crane considered how extensive the fraudulent scheme was and the millions that were siphoned from the Medicare program. In handing down the sentence, the court noted the amount of fraud.

At the time of her plea, Agu admitted she paid others to certify her clients for home health services in order to bill Medicare. These beneficiaries did not qualify for the services and, in some cases, did not receive them. 

Medicare paid Agu’s companies over $3 million based on the fraudulent claims.

Agu 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 Department of Health and Human Services - Office of Inspector General, FBI and Texas Attorney General’s - Office Medicaid Fraud Control Unit conducted the joint investigation. Assistant U.S. Attorneys Rodolfo Ramirez and Grace Murphy prosecuted the case. 

CORPUS CHRISTI, Texas – A 43-year-old Corpus Christi man has been ordered to federal prison for robbing American Bank in Corpus Christi and brandishing a firearm during the robbery, announced U.S. Attorney Alamdar S. Hamdani.

Anthony Dwayne Carrington pleaded guilty Jan. 4.

Today, U.S. District Judge David S. Morales handed Carrington a 51-month term of imprisonment for the robbery. He also received 84 months for the firearms charge which must be served consecutively to the other sentence imposed. The total 135-month prison term will be immediately followed by five years of supervised release. In handing down the sentence, the court noted the extremely serious and dangerous series of events that led up to apprehension.

On Aug. 8, 2022, Carrington entered the American Bank – Corpus Christi South branch on South Padre Island Drive in Corpus Christi. He approached the teller station while holding a silver pistol in his hand, pointed it directly at a bank employee and demanded he give Carrington all the money from the drawer. Carrington further warned the employee not to press the alarm or make a scene. Fearing for his life, the teller complied with Carrington’s demands.

Further investigation revealed two shootings that occurred a short distance from the bank within 45 minutes of the robbery - an attempted murder in a private residence and a homicide at P.F. Chang’s restaurant.

Authorities apprehended him after conducting a traffic stop later the same day. Carrington discarded the firearm used during the robbery and both shootings. The firearm was recovered by authorities in an empty grass lot.  

Carrington will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI conducted the investigation with the assistance of the Corpus Christi Police Department. Assistant U.S. Attorney John Marck prosecuted the case.

LAREDO, Texas – A 29-year-old Laredo resident has pleaded guilty to sexual exploitation of a child and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Authorities identified Kristopher Santos in 2019 when conducting a peer-to-peer (p2p) undercover investigation. Santos was sharing child pornography online.

On April 12, 2019, law enforcement executed a search warrant at his home and discovered and seized several electronic devices. Law enforcement also discovered a trunk full of sex toys and children’s underwear.

Santos acknowledged he was sexually attracted to children, viewing the child pornography and that the trunk belonged to him. He also admitted to touching two minor relatives inappropriately and taking naked pictures of the boys exposing themselves.

Law enforcement ultimately identified a total of 27,729 images and 7,667 videos containing child pornography on the seized electronic devices.

U.S. District Judge Marina Garcia Marmolejo will impose sentencing at a later date. At that time, Santos faces a mandatory minimum of 15 and up to 30 years in federal prison.

He has been and will remain in custody pending that hearing.

Webb County Sherriff’s Office and Homeland Security Investigations conducted the investigation.

Assistant U.S. Attorney Michael Makens is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

McALLEN, Texas – Two men from Donna have been ordered to federal prison following their convictions of conspiracy to possess with the intent to distribute cocaine, announced U.S. Attorney Alamdar S. Hamdani.

Alejandro Martinez, 44, was a former police officer with the Donna Police Department. He and Victor Vallejo, 48, pleaded guilty March 22, 2022.

Today, U.S. District Judge Micaela Alvarez ordered Vallejo to serve 108 months in federal prison to be immediately followed by a three years of supervised release for his part in the drug trafficking conspiracy. In handing down the sentence, the court noted the serious harm drug trafficking can have against the community.

Judge previously sentenced Martinez to serve a 175-month sentence followed by a five-year-term of supervised release. In imposing the sentence, the court noted that people come to the United States to escape nations with corrupt law enforcement officers. By accepting bribes, Martinez damaged public trust in the justice system.

While serving as a police officer, Martinez assisted co-conspirators as they transported illegal drugs through Donna by escorting load vehicles in his official capacity as a police officer. He also diverted other officers away from the area.

Vallejo assisted co-conspirators in the coordination and transportation of the narcotics.

Previously released on bond, Vallejo 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. Martinez is currently serving his 175-month sentence.

The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney (AUSA) Matthew Phelps and former AUSA Robert Wells prosecuted the case.

HOUSTON – Two Houston area residents have been ordered to federal prison today after admitting to paying kickbacks to marketers and a physician, announced U.S. Attorney Alamdar S. Hamdani.

Joseph Nwankwo, 59, Houston, and Stacey Ajaja, 51, Richmond, pleaded guilty Nov. 2, 2022, and March 11, 2022, respectively, to conspiracy to defraud the United States and paying and receiving illegal health care kickbacks.

Today, U.S. District Judge George C. Hanks ordered Nwankwo to serve 36 months in federal prison, while Ajaja received a 14-month-term of imprisonment. Both must also serve three years of supervised release following completion of the prison terms. Nwankwo must pay $1,218,615.13 in restitution to Medicare, while Ajaja was ordered to pay $238,164.69.

Nwankwo and Ajaja co-owned Hefty Healthcare Services Inc.

At the time of their pleas, they admitted that from 2014 through 2016, both obtained patient referrals by paying marketers and patients. Nwankwo further admitted to bribing a physician to authorize medically unnecessary home health services for Hefty patients.

Nwankwo and Ajaja were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

The Department of Health and Human Services‐Office of Inspector General, Texas Attorney General’s Medicaid Fraud Control Unit and the FBI conducted the investigation. Special Assistant U.S. Attorney Kathryn Olson is prosecuting the case.

The Justice Department announced today the final resolution of two civil cases seeking the forfeiture of various luxury assets that were the proceeds of foreign corruption offenses and were laundered in and through the United States.

With the conclusion of the cases, the department has recovered roughly $53.1 million in cash – constituting the net liquidated value of the defendant’s assets – plus a promissory note with a principal value of $16 million.

According to court documents, from 2011 to 2015, Nigerian businessmen Kolawole Akanni Aluko and Olajide Omokore conspired with others to pay bribes to Nigeria’s former Minister for Petroleum Resources, Diezani Alison-Madueke, who oversaw Nigeria’s state-owned oil company. In return, Alison-Madueke used her influence to steer lucrative oil contracts to companies owned by Aluko and Omokore. The proceeds of those illicitly awarded contracts totaling more than $100 million were then laundered in and through the United States and used to purchase various assets through shell companies, including luxury real estate in California and New York as well as the Galactica Star, a 65-meter superyacht. The real estate was also used as collateral for loans to Aluko and shell companies he controlled. As part of the forfeiture process, those lien holders were paid.  

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Assistant Director in Charge David Sundberg of the FBI Washington Field Office, and Chief Jim Lee of the IRS Criminal Investigation (IRS-CI) made the announcement.

The FBI’s International Corruption Squad in the Washington Field Office and the IRS-CI investigated the cases, with assistance from the FBI Los Angeles Field Office.

Trial Attorneys Michael W. Khoo and Joshua L. Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section prosecuted the cases. The Justice Department’s Office of International Affairs and U.S. Attorney’s Office for the Southern District of Texas provided substantial assistance. 

These cases were brought under the Kleptocracy Asset Recovery Initiative. This initiative is led by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office.

In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement at tips.fbi.gov/ or send an email to [email protected].

HOUSTON – A 29-year-old College Station resident has been arrested for distribution and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Daniel Byrd is expected to make his initial appearance before U.S. Magistrate Judge Andrew M. Edison at 2 p.m. today. Authorities took him into custody yesterday.

Byrd is employed as a teacher at Navasota High School.

The criminal complaint, filed today, alleges Byrd came to the attention of law enforcement upon discovery of a folder containing child pornography shared in a Kik chat group. Byrd was allegedly in control of that folder.

According to the complaint, Byrd used Kik and Telegram to view and download child pornography. He allegedly joined groups dedicated to sharing child pornography and would download content to his MEGA account. Byrd then posted links from his MEGA account into Kik groups, thereby allowing others to access folders containing child pornography, according to the charges.

If convicted, Byrd faces up to 20 years for distribution of child pornography as well a maximum of 10 years for possessing it.   

The FBI - Bryan resident agency conducted the investigation with the assistance of College Station Police Department. 

Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

LAREDO, Texas – A 45-year-old resident of Zapata is now in custody for defrauding financial institutions as well as state and federal welfare programs, lying to federal authorities and using someone else’s identity, announced U.S. Attorney Alamdar S. Hamdani.

Authorities arrested Mirza Lydia Rodriguez today. She is expected to appear before U.S. Magistrate Judge Diana Song Quiroga March 27 at 9:30 a.m.

A federal grand jury returned 13-count indictment March 21, which was unsealed upon her arrest.

According to the charges, Rodriguez submitted fraudulent applications to the Laredo Housing Authority’s (LHA) Housing Choice Voucher Program (HCVP).

The HCVP is the federal government’s major program for assisting very low-income families, the elderly and disabled to afford decent, safe and sanitary housing in the private market. Public housing agencies administer the housing choice vouchers who receive the finds from Housing and Urban Development (HUD). The LHA is the local agency responsible for the administration of the HCVP.

When submitting applications to the LHA, Rodriguez allegedly omitted material information relevant to considering whether she qualified for housing assistance. The charges allege she submitted paperwork to LHA under the guise that someone else was the property owner and landlord of where she was living, when this was not true. She then submitted a direct deposit authorization using this same falsified information for the property’s landlord, but included banking information allegedly belonging to herself, according to the indictment.

Falcon International Bank was responsible for maintaining LHA’s funds, according to the indictment. The bank would allegedly disburse housing and utility assistance payments, which are, under the HCVP, meant for the property’s landlord. However, the charges allege the funds were directly deposited into Rodriguez’s account.

According to the indictment, Rodriguez allegedly received more than $30,000 over the course of five years.

Rodriguez is also charged with three counts of wire fraud in connection with applications to the Texas Workforce Commission (TWC). The TWC is the state agency tasked with administering Texas’ unemployment insurance program.

Rodriguez allegedly represented herself as a tax preparer and would collect the personal identifying information for her clients when preparing returns. She would then tell people she could assist in obtaining unemployment benefits, according to the indictment. As part of the application process, Rodriguez allegedly used the personal information of others, but included a bank account associated with her. As a result of the scheme and in addition to the funds fraudulent acquired from HUD, Rodriguez allegedly obtained over $30,000 in unemployment benefits.

Rodriguez is further charged with one count of aggravated identity theft in connection with one of the fraudulent applications to the TWC, three counts of defrauding HUD and five counts of lying to a federal agency.

If convicted, Rodriguez faces up to 30 years for the bank fraud, 20 years for each count of wire fraud, up to two years for each count of HUD fraud and up to five years for each count of lying to authorities. She will also receive a mandatory two years for the identity theft, upon conviction, which must be served consecutively to any other prison term imposed.

The FBI, Texas Department of Public Safety-Texas Rangers, Zapata County Sheriff’s Office and Housing and Urban Development-Office of Inspector General conducted the investigation with assistance from the Drug Enforcement Administration, Federal Deposit Insurance Corporation, Texas Workforce Commission and the LHA. Assistant U.S. Attorney Brian Bajew 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.

HOUSTON – Two Houston residents are set to appear on allegations in an $8.7 million fraud scheme connected to a home health company they jointly owned and operated, announced U.S. Attorney Alamdar S. Hamdani.

Caroline Zamora, 63, and Rommel Zamora, 59, are set to appear before U.S. Magistrate Judge Andrew M. Edison at 2 p.m.

The indictment, returned March 1, alleges the Zamoras owned and operated 24/7 Stat Care Home Health Services Inc. aka Parkway Healthcare Services. From approximately February 7, 2014 through November 9, 2018, the couple allegedly conspired to pay illegal cash kickbacks to Medicare patients to sign up for home health services with Parkway. The Zamoras are also alleged to have conspired to pay kickbacks to doctors to certify and refer patients for home health who did not qualify.

The indictment further alleges the Zamoras fraudulently billed Medicare for home health services that were not provided or for patients who did not qualify for such services. Parkway billed Medicare $8.7M and was paid $6.7M, according to the indictment.  

If convicted, both face up to 10 years in prison on each count of health care fraud in addition to another five years for the conspiracy. All counts also carry as possible punishment a maximum $250,000 fine.

The Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services - Office of Inspector General and the FBI conducted the investigation. Special Assistant U.S. Attorney Abdul Farukhi 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.

BROWNSVILLE, Texas – Osiel Cardenas-Salinas Jr. has been sent to federal prison following his conviction of smuggling goods from the United States into Mexico, announced U.S. Attorney Alamdar S. Hamdani.

Cardenas aka Osiel Cardenas Jr., 31, Brownsville, pleaded guilty Aug. 2, 2022, to attempting to purchase 10 assault rifles to export into Mexico. Cardenas is the son of former head of the Gulf Cartel Osiel Cardenas-Guillen who was convicted and previously sentenced to 25 years in federal prison.

Today, U.S. District Judge Fernando Rodriguez Jr. ordered Cardenas-Salinas to serve 109 months in federal prison to be immediately followed by three years of supervised release and to pay a $20,000 fine. At the hearing, the court heard additional evidence that described Cardenas-Salinas’s role as a supervisor/manager. In handing down the sentence, the court noted Cardenas-Salinas had two firearms related cases in his criminal history and continued to engage in additional criminal activity with the smuggling of weapons, repeatedly engaging in violations involving firearms. At the hearing, Cardenas-Salinas apologized to the court and asked for mercy.

On April 22, 2021, Cardenas and others attempted to purchase five AK-47 type rifles and five AR-15 type rifles.

The undercover operation took place in a Brownsville store parking lot. Cardenas had instructed another individual to cross into Mexico to pick up the $15,000 for the weapons and to inform him when the weapons transaction had been completed.

At the time of his plea, Cardenas admitted he committed the crime while on supervised release for a previous felony.

He 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigation conducted the investigation. Assistant U.S. Attorney Elena Salinas prosecuted the case.

HOUSTON - A 25-year-old Houston resident has been ordered to federal prison after his convictions of production and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Austin Gray Roberson pleaded guilty Jan. 27, 2022, to three counts of sexual exploitation of a minor and one count of possession of child pornography.

Today, U.S. District Judge Kenneth M. Hoyt sentenced him to 180 months on each of the sexual exploitation of a minor counts and 120 months for possessing child pornography. They will run concurrently for a total 180-month-term of imprisonment. The court heard additional evidence as to how Roberson had reached out to 18 different minor males requesting them to send naked photos and videos of themselves to him. In imposing the sentence, Judge Hoyt also considered how Roberson’s conduct affected one of those minors through his victim impact statement.

Roberson was furthered ordered to pay restitution to the victims and will serve 15 years on supervised release following the completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to the internet. He will also be required to register as a sex offender.

“As a parent myself, it scares me to know how easy it is for sexual predators to misrepresent themselves and target children,” said Hamdani. “In today’s online world, we must remember to remain vigilant to help protect our kids. I hope this sentence makes these criminals think twice before trying to solicit our most vulnerable for their sick desires.”

In June 2018, authorities in California had executed a search warrant at a residence as a result of a child pornography investigation, at which time they seized several electronic devices. Forensic analysis revealed that individual had been communicating with others on the social media application Kik for the purpose of obtaining and trading child pornography. The investigation revealed Roberson was one of those individuals.

Roberson ultimately admitted he would portray himself on Kik as a minor female named “Kayla” that he would use to target minor males between 12 and 17 years of age. Roberson sent nude selfies and videos of a suspected minor female masturbating in an attempt to get those minor males to reciprocate.

Authorities ultimately discovered 18 minor victims from whom Roberson solicited child pornography.

Law enforcement also conducted a forensic exam on Roberson’s cellphone and found 3,765 images and 746 videos of young children engaged in sexually explicit conduct. The images and videos include children under the age of 12, bondage, bestiality and acts of violence such as the penetration of the victims. 

Roberson was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

FBI conducted the investigation.

Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

CORPUS CHRISTI, Texas – A 21-year-old Corpus Christi man has been charged with delivery of fentanyl resulting in death and possession of fentanyl with the intent to distribute, announced U.S. Attorney Alamdar S. Hamdani.

Authorities arrested Ricardo Julyan Kross Rios aka Kross, 21, Corpus Christi, this morning. He is expected to make his initial appearance before U.S. Magistrate Judge Mitchel Neurock tomorrow at 9:45 a.m.

A federal grand jury in Corpus Christi returned the tw0-count indictment March 22, 2023. It alleges that on Dec. 9, 2022, Rios possessed and delivered a substance containing a detectable amount of fentanyl, the use of which resulted in the death of a person. Rios was also charged with one count of possessing fentanyl for the purpose of distribution on Jan. 17.        

If convicted of distributing fentanyl causing death, Rios faces up to life in prison. He could also be fined up to $1 million. The possession of fentanyl with the intention to distribute carries a 20-year maximum sentence.

The Drug Enforcement Administration led the cooperative law enforcement effort targeting fentanyl with the assistance of Homeland Security Investigations, Jim Wells County Sheriff’s Office and police departments in Corpus Christi, Aransas Pass and Mathis. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting this case.  

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

HOUSTON – A 47-year-old Katy resident has admitted to defrauding Medicaid of more than $600,000, announced U.S. Attorney Alamdar S. Hamdani.

Kay Le Farmer is the former office manager for her ex-husband - a therapist and Medicaid provider in the Houston area. Following their separation, Farmer admitted to using her ex-husband’s provider number to submit fraudulent claims to Medicaid, unbeknownst to him, for counseling services that were never provided.

In 2017, Farmer admitted to using her employment at a pediatrician’s office to obtain patient information. She then submitted more fraudulent claims to Medicaid under her ex-husband’s provider number.

In total, from 2013 until 2018, Farmer submitted, or caused the submission of, approximately $617,983.86 in claims for psychotherapy services that were not provided. Farmer admitted she was paid approximately $432,924.69 on those claims.

U.S. District Judge George C. Hanks accepted the plea and will impose sentencing June 20. At that hearing, Farmer faces up to 10 years in federal prison and a possible $250,000 fine.

Farmer was permitted to remain on bond pending sentencing.

The Texas Attorney General’s Medicaid Fraud Control Unit and the Department of Health and Human Services - Office of Inspector General conducted the investigation. Special Assistant U.S. Attorney Kathryn Olson is prosecuting the case.

McALLEN, Texas – A 21-year-old Los Fresnos resident has pleaded guilty to possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Israel Flores Jr. admitted to possessing child pornography on a flash drive he obtained while a student at University of Texas, Rio Grande Valley.

He had downloaded the child pornography via Kik and placed that material on a flash drive for easier distribution. He then gave this device to another individual. Flores acknowledged being the original owner of the flash drive and that it had been in his possession for a number of years prior to giving it to someone else.  

U.S. District Judge Marina Garcia Marmolejo accepted the plea and set sentencing for June 21. At that time, Flores faces up to 20 years in federal prison. 

Flores has been and will remain in custody pending that hearing.

Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation.

Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

McALLEN, Texas – A 36-year-old Pharr resident has admitted he received videos and images containing child pornography, announced U.S. Attorney Alamdar S. Hamdani.

Hugo Benjamin Tijerina admitted he had downloaded and received the child pornography videos on his laptop.  

On July 15, 2019, authorities identified an IP address associated with a home in Pharr that was using peer-to-peer software to download files depicting child pornography. The investigation led to Tijerina.

A search of the home revealed a laptop. Law enforcement discovered the device contained software used to download the child pornography as well as search terms used to find and download videos containing child pornography. 

The files contained images of children under the age of 12.

U.S. District Judge Marina Garcia Marmolejo accepted the plea and set sentencing for June 21. At that time, Tijerina faces up to 20 years in federal prison as well as A $250,000 fine.

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Homeland Security Investigations conducted the investigation.

Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

McALLEN, Texas – A 27-year-old McAllen resident has admitted to receiving child pornography approximately nine times, announced U.S. Attorney Alamdar S. Hamdani.

Gabriel Alejandro Morales admitted he had downloaded and received the child pornography on his cell phone through the Kik application.

In November 2020, authorities learned that an individual under the username “wakatanga335” was distributing and receiving child pornography on Kik. A review of the material verified the user had distributed and received child pornography approximately nine times.

The investigation led to Morales. Law enforcement executed a search warrant at his McAllen home and discovered a cell phone containing child pornography.

U.S. District Judge Marina Garcia Marmolejo accepted the plea and set sentencing for June 21. At that time, Morales faces up to 20 years in federal prison and a possible $250,000 maximum fine.

He has been and will remain in custody pending that hearing.

FBI conducted the investigation.

Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.

HOUSTON – The last of three convicted for their roles in a series of home invasions which resulted in federal kidnapping charges over the course of several months has been ordered to prison, announced U.S. Attorney Alamdar S. Hamdani.

Chakevia Roberts, 31, Houston, pleaded guilty Aug. 12, 2022, admitting she was the look-out and getaway driver during the crimes which occurred in the Houston area.

Today, U.S. District Judge Sim Lake ordered her to serve a total of 96 months in prison to be immediately followed by five years of supervised release. In imposing the sentence, the court noted the dangerousness of the offenses and the terror of the victims while in their own homes. 

Two others - Timothy Morant, 55, and Alvin Woods, 45, both also of Houston, were sentenced previously to 327 and 240 months in federal prison, respectively. At Morant’s hearing, the court called him one of the most dangerous people he had seen before him in all of his years as a judge and noted he had been convicted of the same crime twice before this one. He had been convicted in 1989 and served only 13 years of 42-year sentence in state prison. In 2003, he was again convicted of the same crimes and sentenced to 25 years but released in 2018.

There is no parole in the federal system. 

During the course of the sentencing hearings, Judge Lake also reviewed powerful and moving victim impact statements. They described the fear and panic they felt during the kidnappings and how they believed they would be killed.

“One of the defendants pepper sprayed a child, in front of the child’s mother, in the mother and child’s own home. The victims are still traumatized, years later,” said Hamdani. “My office will not tolerate this vile conduct, and so the two men who decided to violate the sanctity of a home will now face justice’s long arm and spend decades in prison. The hope is that this might allow the victims to finally sleep a little easier knowing their perpetrators are off the streets.”

On Oct. 22, 2019, Morant and Woods entered a multi-million dollar home in Sugar Land while the homeowners were present. Morant and Woods tied up several family members with zip ties, held them at gunpoint and demanded they open safes. Morant and Woods demanded jewelry and other high end property. When the homeowners did not act quickly enough, Morant pepper sprayed them. During the kidnapping, Morant was on an open cell phone line with Roberts who was waiting outside as the look-out and get-away driver. Once Morant and Roberts received the items they wanted, they stole the homeowners vehicle and used it to meet Roberts at a pre-determined location. Morant, Woods and Roberts then split the money and property amongst themselves.

Morant and Woods entered another multi-million dollar home in Houston on Dec. 13, 2019. There, they encountered the home owner and her child. Roberts remained outside as the look-out/get-away driver again and kept an open cell phone call with Morant. Morant and Woods pushed their way into the home while pointing guns at the victims. The two then zip-tied both the home owner and her child while demanding money, jewelry and other high end property. When the mother could not open a second safe to give Morant more of what he wanted, he pepper sprayed the child.

Authorities apprehended all three after they had attacked another family in Houston June 19, 2020. They again pointed guns at the home owners and demanded money, jewelry and property. During the invasion, Morant and Woods drug the victims, zip-tied again, to areas within the home in search for cash and high-end items.

Upon their arrests, law enforcement found stolen property, gloves, masks and firearms. 

All have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The FBI and police departments in Houston and Sugar Land conducted the investigation. Assistant U.S. Attorney Jill Stotts prosecuted the case.

McALLEN, Texas – Three men have now been charged in connection of a hotel robbery of an AR-variant rifle, announced U.S. Attorney Alamdar S. Hamdani.

A federal grand jury returned a superseding indictment adding Nathan Garza aka Goofy, 27, McAllen, to the robbery charge as well as being a felon in possession of a firearm. He is in custody on related charges and expected to make his initial appearance on the federal indictment before a U.S. magistrate judge in the near future.

Oscar Joel Frias aka OJ, 20, Edinburg, was previously indicted for the robbery and possession of a stolen firearm. Also implicated in connection to the crime was Jahiro Sarmiento Martinez, 29, Edinburg, and charged for illegally possession a firearm as a felon. Frias and Garza are also charged with brandishing firearms during a crime of violence.

On Oct. 13, 2022, Frias and Garza allegedly stole a DPMS Panther Arms AR-Variant rifle at gunpoint from a victim at a motel in Edinburg. The charges allege Frias used a 9mm pistol to commit the robbery. While conducting surveillance the following day, law enforcement observed Martinez loading the stolen AR into a vehicle, according to the allegations. Upon their arrests, law enforcement allegedly discovered multiple firearms within the vehicle.

As convicted felons, Martinez and Garza are prohibited per federal law of possessing firearms or ammunition.

If convicted, Frias and Garza face up to 20 years for the robbery, while Garza and Martinez could receive up to 15 years for the firearms charge. Upon conviction of brandishing a firearm, Frias and Garza would receive a mandatory seven-year-sentence which must be served consecutively to any other prison term imposed. Each conviction also carries a possible fine of up to $250,000.

All three men remain in custody pending further proceedings.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of police departments in Edinburg and Palmview, Texas Department of Public Safety and the Hidalgo County District Attorney’s Office. Assistant U.S. Attorneys Devin V. Walker and Lee A. Fry are prosecuting the case.

This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

McALLEN, Texas – Three individuals have been sent to prison for conspiracy to import heroin and fentanyl into the United States from Mexico, announced U.S. Attorney Alamdar S. Hamdani.

Elias Herrera, 31, Liz Jomayra Diaz-Colon, 23, and Jonathan Guemez, 30, all previously pleaded guilty and admitted they admitted they had conspired together to import the drugs into the United States. All are from Nashville, Tennessee.

Today, U.S. District Judge Randy Crane imposed a 87-month term of imprisonment for Herrera to be immediately followed by three years of supervised release. At the hearing, the court heard Herrera had recruited his co-defendants and smuggled heroin and fentanyl for a period of eight months prior to his arrest. In handing down the prison terms, Judge Crane noted Herrera’s extensive involvement in drug smuggling as a recruiter and organizer.

Diaz-Colon and Guemez were previously sentenced to 36 and 87 months in federal prison, respectively, and must serve four years on supervised release.

In 2021, Diaz-Colon, Herrera and Guemez began working with Mexican drug traffickers to coordinate transportation of multiple drug loads into the United States.

On Aug. 20, 2021, Diaz-Colon attempted to pass through a Border Patrol (BP) checkpoint. A K-9 alerted to her vehicle which resulted in the discovery of 4.66 kilograms of heroin concealed in the battery of her Jeep Cherokee.

The following day, Herrera attempted to enter the United States. Authorities also discovered narcotics in his vehicle - 4.76 kilograms of fentanyl in the car’s battery.

Guemez also attempted to bring drugs into the country. Law enforcement was able to seize 3.94 kilograms of heroin from his vehicle.

The investigation connected all three people. It revealed they had been communicating with each other through WhatsApp, referring to themselves as the “Suicide Squad.”

At the time of their pleas, they admitted they had conspired together to import a total of 8.6 kilograms of heroin and 4.76 kilograms of fentanyl into the United States. The drugs have an estimated street value of approximately $1,622,880.

Herrera will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Eliza Carmen Rodriguez prosecuted the case. 

HOUSTON – A 25-year-old Indian citizen has pleaded guilty to conspiracy to commit mail fraud, announced U.S. Attorney Alamdar S. Hamdani.

Anirudha Kalkote admitted he participated in a fraud ring from 2019-2020 which operated out of various cities including Houston. The scheme targeted elderly victims throughout the United States and elsewhere.

The ring tricked and deceived victims using various ruses and instructed them to send money via wire through a money transmitter business such as Western Union or MoneyGram, by buying gift cards and providing to the fraudsters or by mailing cash to alias names via FedEx or UPS.

Part of the scheme involved fraudsters contacting victims by phone or via internet sites for computer technical support and directing victims to a particular phone number. Once victims contacted the fraudsters, they were told various stories such as they were communicating with an expert that needed remote access to their computer in order to provide technical support services. The fraudsters then gained access to victims’ personal data and bank and credit card information.

Victims typically paid a fee to conspirators for the fake technical support but were later told they were due a refund. Through paying for “technical support” or through the “refund” process, the ring gained access to the victim’s bank account(s) and credit cards and manipulated the accounts to make it appear the victim was paid too large a refund due to a typographical error. Victims were then instructed to reimburse the ring by various means.

Victims were sometimes re-victimized multiple times and threatened with bodily harm if they did not pay.

U.S. District Judge Kenneth Hoyt accepted the plea and set sentencing for June 26. At that time, he faces up to 20 years in federal prison and a possible $250,000 maximum fine.

Four others have already pleaded guilty in relation to the scheme and are awaiting sentencing April 20. MD Azad, 26, Sumit Kumar Singh, 25, Himanshu Kumar, 25, and MD Hasib, 27 are Indian nationals who illegally resided in Houston.

All five individuals remain in custody pending sentencing.

The FBI, U.S. Postal Inspection Service and IRS-Criminal Investigation conducted the investigation with assistance from Homeland Security Investigations, Fort Bend County Sheriff’s Office and other local law enforcement agencies throughout the United States including the Sheriff’s Office and Commonwealth’s Attorney’s Office of Augusta County, Virginia. Assistant U.S. Attorneys Belinda Beek and Quincy Ollison are prosecuting the case. 

The case is brought as a part of the Elder Justice Initiative. Its goal is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s older adults.

In March 2020, the U.S. Department of Justice launched National Elder Fraud Hotline to help combat fraud against older Americans and provide services to victims. If you or someone you know is a victim of elder fraud, we encourage you to call the National Elder Fraud Hotline at 833–FRAUD–11 (833–372–8311).

The hotline is open Monday through Friday from 10 a.m. to 6 p.m. eastern time. Services are available for speakers of English, Spanish and other languages.

HOUSTON –  A 39-year old South Texas man has been handed a significant sentence for his role in a cocaine distribution conspiracy, announced U.S. Attorney Alamdar S. Hamdani.  

A federal jury deliberated for approximately four hours following an eight-day trial before returning a guilty verdict July 22, 2019, against Lee Roy Villareal, Rio Grande City, on conspiracy to distribute more than five kilograms of cocaine.

Today, U.S. District Judge Andrew S. Hanen imposed a 180-month-term of imprisonment be immediately followed by five years of supervised release. In handing down the sentence, the court found Villarreal ran a large-scale cocaine distribution network that spanned nearly five years. During that time, Villarreal and his associates distributed 150-450 kilograms of cocaine from Mexico and Panama to a large number of cocaine distributors based throughout the country to include cities in Texas, Georgia, Illinois and Indiana.

The judge found Villarreal was directly involved in the importation of cocaine.

Villarreal’s brother is Michael Villarreal aka Gringo Mike, a former Gulf Cartel plaza boss whom rival Gulf Cartel members killed in March 2013.

“Drug cartels like Gulf Cartel aka Cartel del Golfo (CDG) flood our communities with drugs that cause death and destruction, but high-ranking CDG leaders like Villarreal are not immune from stiff punishments,” said Hamdani. “This prosecution dealt a tough blow to the CDG’s operations. Villarreal brought poison to our communities, and collaborative efforts with our partners brought him to justice.”

At trial, the jury heard Villarreal was in charge of running drug trafficking operations on the U.S. side in South Texas on behalf of Gringo Mike and the Gulf Cartel.

Testimony revealed Villarreal was directly involved in the importation of cocaine from Mexico and Panama. He directed the activities of his workers who imported, stashed and transported cocaine to cities across the United States. Villarreal was also in charge of repatriating proceeds from the sale of cocaine back to Gringo Mike and Gulf Cartel members in Mexico. Villarreal used at least one stash house in Mission to store cocaine and drug proceeds.

Villarreal testified at trial and claimed he was never involved in drug trafficking, had no illegal association with his brother, Gringo Mike, and merely operated a legitimate auto mechanic business. The jury did not believe the defense claims and found him guilty of conspiracy to possess with intent to distribute more than five kilograms of cocaine.

To date, 12 other individuals have been convicted in relation to the conspiracy.

Lee Roy Villareal 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 FBI led the Organized Crime Drug Enforcement Task Forces (OCDETF) investigation dubbed Operation La Hermandad, along with the Drug Enforcement Administration, Homeland Security Investigations, Border Patrol, Hidalgo County Sheriff’s Office, Starr County High Intensity Drug Task Force Area Task Force and the Mission Police Department. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.

Assistant U.S. Attorneys Anibal J. Alaniz and Casey N. MacDonald of the Southern District of Texas are prosecuting the case.

HOUSTON – The former governor of Tamaulipas, Mexico, has been sentenced to nine years in prison for accepting over $3.5 million in illegal bribe money and using it to fraudulently purchase property in the United States, announced U.S. Attorney Alamdar S. Hamdani.

Tomas Yarrington Ruvalcaba, 66, was also a former candidate for president of Mexico. He pleaded guilty March 25, 2021.

Today, U.S. District Judge Rolando Olvera sentenced Yarrington to 108 months imprisonment. Not a U.S. citizen, Yarrington is expected to face removal proceedings following his imprisonment. In handing down the sentence, the court noted that as an elected official, Yarrington violated his oath of office, weakening the country of Mexico and promoting criminal activity.  As part of his sentence, Yarrington has also forfeited a Port Isabel condominium.

“Even if you are governor of a Mexican state, we will not stand idly by when you use your position to wrongfully fill your pockets and violate the laws of the United States.” said Hamdani. “Today’s prison sentence for Yarrington concludes a multi-year, multi-agency international investigation spanning two continents concluding in bringing a corrupt politician to justice.”

“HSI relentlessly disrupts and dismantles transnational criminal organizations that pose a threat to U.S. national security, to include any corrupt public officials who use their position for criminal gain,” said Craig Larrabee, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in San Antonio. “HSI is dedicated and determined to investigate those involved in criminal activity and who launder their ill-gotten gains in the United States.”

Yarrington accepted bribes from individuals and private companies in Mexico to do business with the state of Tamaulipas while he served as governor. Yarrington was in that position from 1999 to 2005. He was also an Institutional Revolutionary Party candidate for president of Mexico in 2005.

Yarrington used the bribery money he received while governor to purchase properties in the United States. He had prestanombres - nominee buyers -purchase property in the United States to hide Yarrington’s ownership of the properties and the illegal bribery money used to purchase them. Yarrington laundered his illegally obtained bribe money in the United States by purchasing beachfront condominiums, large estates, commercial developments, airplanes and luxury vehicles. 

“IRS-Criminal Investigation (CI) special agents are experts in following the money in a financial crime, and we found plenty of money to follow that helped to unravel Yarrington’s criminal enterprise,” said acting Special Agent in Charge Rodrick J. Benton of IRS-CI’s Houston Field Office. “Working alongside other law enforcement agencies, the U.S. Attorney’s Office and the other U.S. and international partners helps U.S. taxpayers know that justice is a global concept and no criminal is out of reach.”

“The Drug Enforcement Administration (DEA), HSI, IRS-CI and FBI, along with our state, local and international law enforcement partners, were a force multiplier in this case who collaborated to halt the threat of corrupt money into our country,” said Special Agent in Charge Daniel C. Comeaux of the DEA – Houston Division. “There will always be zero tolerance for those who abuse their power for self-gain at our communities' expense. This sentence highlights our continued commitment to bringing those who misuse that power to justice.”

“This individual took advantage of his position to enrich himself at the expense of those who trusted him,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI - San Antonio Division. “Today’s sentencing serves as a powerful reminder to any corrupt official that these activities will not be tolerated. The FBI remains committed to working alongside our law enforcement partners to hold corrupt officials accountable to the communities they were sworn to serve.”

In April 2017, authorities captured Yarrington in Italy while traveling under an assumed name and false passport. He was taken into custody on a provisional arrest warrant based on the indictment returned in May 2013. Although Yarrington contested extradition, Italian authorities eventually authorized his extradition to the United States. He arrived in April 2018. He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

HSI led the Organized Crime Drug Enforcement Task Forces (OCDETF) operation dubbed Operation Green Tide with the assistance of IRS – CI, DEA, FBI and Texas Attorney General’s Office. It included agents and officers in Brownsville, San Antonio, Houston, Corpus Christi and New York. The Justice Department’s Office of International Affairs handled the extradition in this matter. The U.S. government also acknowledges with gratitude the significant assistance received from the government of Mexico in the course of this investigation. Additionally, the United States acknowledges the assistance of the U.S. Marshals Service, HSI-Rome, HSI-Mexico City, the Italian Ministry of the Interior (particularly Interpol Rome and the Central Operations Service of the Italian National Police) and the Italian Ministry of Justice in Yarrington’s extradition.

OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.

Assistant U.S. Attorneys Jody Young, Jon Muschenheim and Karen Betancourt are prosecuting the case.

HOUSTON – A 51-year-old Houston man has been convicted of two 2019 armed robberies, announced U.S. Attorney Alamdar S. Hamdani.

The Houston jury deliberated for approximately two hours after a three-day trial before convicting Hezron Benjamin Stuart on two counts of interference with commerce by robbery and two counts of discharging a firearm during a crime of violence.

The jury found that Stuart robbed The Corner Food Mart located at 3502 Mangum and discharged his firearm May 18, 2019. On May 23, 2019, Stuart also robbed the Citgo Gas Station located at 3839 South Loop East. During the Citgo robbery, Stuart shot the store clerk when he refused to give up the cash. 

This kind of violent crime has to stop,” said Hamdani. “To those trigger-pullers that want to inflict harm on our community... be aware…we are coming after you. This man put lives in danger and was found guilty. I am happy that because of this jury and the dedicated work of our prosecutors and partners, he will now face the consequences of his actions.”

At trial, the jury heard from witnesses in both cases, including the surviving shooting victim, who were able to identify Stuart as the person who robbed and shot at them. The jury also heard from a firearms examiner who testified regarding firearms evidence collected from both scenes and the similarities between the evidence. A fingerprint examiner had compared a fingerprint left at the scene of the Citgo Gas Station robbery to Stuart and determined that it was the same. 

Stuart represented himself during the trial and claimed he was not the individual who committed the robberies. The jury did not believe those claims and found him guilty as charged.

U.S. District Judge Lee Rosenthal presided over trial and set sentencing for July 27. At that time, Stuart faces up to 20 years for the robbery and up to life for the firearms charges which must be served consecutively to any other prison term imposed.  

Stuart has been and will remain in custody pending sentencing.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI conducted the investigation as part of the ATF Houston Crime Gun Strike Force with the assistance of the Houston Police Department (HPD) and the Houston Forensic Science Center. Assistant U.S. Attorneys Carolyn Ferko and Britni Cooper prosecuted the case. 

The ATF Houston Crime Gun Strike Force was created as a joint effort between the ATF And HPD to combat the growing trend in crimes involving firearms.

HOUSTON – A federal jury in Houston has convicted a 25-year-old citizen of Niger on firearms charges related to his status in the United States, announced U.S. Attorney Alamdar S. Hamdani.

The jury deliberated for approximately one hour following a one-day trial before returning guilty verdicts on all four counts as charged against Moctar Ahmadou Gouroudja Ahmadou.

Even though Ahmadou was lawfully present in the United States on a nonimmigrant visa, he violated the terms of that status by illegally using a firearm and ammunition.

“Thousands of people enter this country each year and honor and appreciate the terms of their presence in the United States,” said Hamdani. “This individual disrespected that privilege not once or twice, but four times by illegally possessing and using firearms and ammunition. We cannot allow non-citizens to violate our gun laws, and we thank the jury for returning the verdicts as they did today.”

Ahmadou entered the United States on March 24, 2016, from Niger. At the time, he had a nonimmigrant F1 visa, or student visa, to study at the North American University in Stafford. Under that status, he was not permitted to possess or use firearms or ammunition. 

However, the jury heard that on or around May 17, 2021, Ahmadou participated in handling and firing a handgun at a Texas-based gun range. He purchased a course called “First Shot” which provided training on pistol shooting and range time. Immediately after completing the course, Ahmadou rented and later purchased a Glock 45. He was seen at the firing line at the gun range holding a pistol and shooting down range towards a target.  

On May 18, 2021, Ahmadou returned to the same gun range to participate in handling and firing a rifle. The course consisted of firearms safety, manipulation and shooting a rifle. He also possessed and shot a Smith & Wesson, model MP15, .223 caliber rifle and purchased and possessed four boxes of Fiocchi .223 caliber ammunition which he used with the rifle.

U.S. District Judge Alfred H. Bennett presided over the trial and has set sentencing for June 22. At that time, Ahmadou faces up to 10 years in federal prison and a possible $250,000 maximum fine.  

Ahmadou has been and will remain in custody pending that hearing.

The FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of State - Diplomatic Security Service; Homeland Security Investigations; Customs and Border Protection; U.S. Customs and Immigration Service; and Texas Department of Fish and Wildlife conducted the investigation. Assistant U.S. Attorneys Steven Schammel and Richard Bennett prosecuted the case along with Trial Attorney Michael Dittoe of the Justice Department’s Counter Terrorism Section.

LAREDO, Texas – A 52-year-old woman who used multiple aliases has been charged with using someone else’s identity on multiple occasions and lying to authorities in connection with obtaining a passport, announced U.S. Attorney Alamdar S. Hamdani.

Elizabeth Ann Berbel is expected to make her initial appearance before U.S. Magistrate Judge Christopher Dos Santos at 9:30 a.m.

Berbel, who turned herself in to authorities yesterday, is also known as Ana Elizabeth Gomez-Garcia, Ana Elizabeth Gomez Garcia, Ana Elizabeth Gomez, Anna Elizabeth Gomez Garcia, Anna Elizabeth Gomez, Elizabeth Berbel, Elizabeth Ann Gomez, Tina Gomez-Manns and Anna Gomez.

A federal grand jury returned a nine-count indictment March 7. The charges include one count of passport fraud and one count of aggravated identity theft linked to the passport fraud as well as four counts of lying to a federal agency and three counts of misusing a Social Security number.

On March 22, 2019, Berbel applied for a U.S. passport, claiming the identity of another individual, according to the charges. As part of that process, she allegedly provided false information to include she was born in Chicago when she was not. The indictment further alleges she gave fraudulent information about her parents and provided a Social Security number that did not belong to her as part of the application process.

Along with the allegedly fraudulent passport application, the charges also allege that on two separate occasions, she had applied for a Texas driver’s license. In each instance, Berbel allegedly used the same victim’s Social Security number.

If convicted, Berbel faces up to 10 years for the passport fraud in addition to five years each for lying to authorities and for misusing a Social Security number. She will also receive a mandatory two years for the identity theft, upon conviction, which must be served consecutively to any other prison term imposed.

The Department of State conducted the investigation with assistance from the Social Security Administration and Texas Department of Public Safety. Assistant U.S. Attorney Brian Bajew 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.