Southern District of Texas

McALLEN, Texas –  Two men who illegally resided in Edinburg have been ordered to federal prison for their role in a conspiracy to possess with intent to distribute 128 kilograms of cocaine and five kilograms of meth, announced U.S. Attorney Jennifer B. Lowery.

Victor Hugo Gil-Martinez, 28, pleaded guilty Jan. 3, while Rodrigo Aguilar-Rosas admitted his guilt March 22.

Today, U.S. District Judge Micaela Alvarez sentenced both Gil and Aguilar to each serve 210 months in federal prison. Not U.S. citizens, both men are expected to face removal proceedings following their imprisonment. At the hearing, the court heard evidence that in addition to receiving and storing narcotics from Mexico, both men also participated in the transport of currency and ammunition back south to Mexico. In handing down the sentence, the court noted Gil and Aguilar illegally entered the United States for the sole purpose of working in the drug trafficking organization.

On Sept. 27, 2021, law enforcement conducted a search of an Edinburg residence and located approximately 39 vehicle batteries. Upon opening the batteries, they discovered a total of 128 kilograms of cocaine and five kilograms of meth.

Both Gil and Aguilar admitted to receiving the narcotics-filled batteries from other individuals who smuggled them into the United States from Mexico. The men would store the narcotics-filled batteries at the residence, remove the narcotics and then transport the narcotics to other individuals across the Rio Grande Valley.

At the time of the search, authorities also located approximately $142,000 in United States currency. The bulk currency was wrapped and packaged destined to be transported to Mexico.

The total narcotics seized has an estimated street value of $3,217,500.

Both men 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 Drug Enforcement Administration conducted the investigation with the assistance of the Hidalgo County High Intensity Drug Trafficking Area Task Force and Hidalgo County Precinct 4 Constable’s Office. Assistant U.S. Attorney Laura Garcia prosecuted the case.

HOUSTON – A 58-year-old woman has been sentenced to federal prison for her role in at least 40 sham marriages, announced U.S. Attorney Jennifer B. Lowery.

Ashley Yen Nguyen aka Duyen was the group’s ringleader and also often provided a fake wedding album to help people obtain legal permanent resident status. She pleaded guilty Nov. 5, 2020.

Today, U.S. District Judge Kenneth Hoyt ordered her to serve 120 months in federal prison to be immediately followed by three years of supervised release. She was also ordered to pay $334,605 in fines.

The court ruled that Nguyen utilized mass-marketing to facilitate the scheme by advertising it through recruiters and Facebook. Nguyen had also claimed to be an attorney who had contacts within U.S. Citizenship and Immigration Services (USCIS) so as to make the scheme appear legitimate. 

At the hearing, the court heard that Vietnamese nationals would give Nguyen’s group $50,000 to $70,000 to marry a wife or husband in the United States to fraudulently obtain lawful permanent resident status. Nguyen issued routine payments of approximately $200 to those U.S. citizens who acted as recruiters in the fake immigration proceedings. Nguyen also promised the U.S. citizens who participated as spouses between $15,000 and $20,000 in installments, although few ever came close to getting the full amount. 

“For more than four years, this individual raked in millions by operating one of the largest marriage fraud conspiracies in U.S. history,” said Special Agent in Charge Mark Dawson, Homeland Security Investigations in Houston. “The sham marriages and improper immigration benefits that were fraudulently secured under this criminal conspiracy wasted countless federal resources, delayed an unknown number of legitimate marriages between foreign nationals and U.S. citizens, and threatened national security by enabling individuals to remain in the country through deceit.

“As experts in investigating all types of financial crimes, IRS-Criminal Investigation (CI) special agents worked with our law enforcement partners and the U.S. Attorney’s Office to put a stop to this criminal network, not just from committing tax fraud and money laundering, but from also circumventing our nation’s immigration laws said IRS-CI’s Special Agent in Charge Ramsey E. Covington of the Houston Field Office. “We leverage our ability to follow the money trail in order to bring down criminal conspiracies like the one Nguyen led.”

Nguyen ran the marriage fraud organization out of the Southwest Houston area but had associates operating across Texas and in Vietnam. As part of her plea, she admitted to conspiring to engage in marriage fraud, mail fraud, immigration fraud, money laundering and making false statements in a tax return.

Nguyen’s criminal organization was responsible for organizing well over 500 sham marriages in exchange for substantial amounts of money solely for the alien beneficiary to obtain immigration benefits. The criminal organization has received over $15 million from this scheme. 

Nguyen used well over a dozen recruiters of U.S. citizen spouses in the Houston vicinity and advertised via social media about the scheme in Vietnam.  Many of the U.S. citizens had extensive criminal histories, gang associations and crippling drug additions.

During her plea, Nguyen acknowledged the fake spouses did not live together and did not intend to live together, contrary to documents and statements submitted to federal authorities. At her instruction, the spouses only met briefly, immediately before they obtained their marriage license or not at all. To prepare the fake spouses for their interviews with immigration officials, Nguyen and her criminal organization provided fabricated facts to the fake spouses to study and recite details to falsely establish the pair was living together and familiar with each other’s daily habits.

The criminal organization even prepared and provided fake wedding albums containing photographs to make it appear as if they had a wedding ceremony above and beyond a marriage at a courthouse.

Nguyen purchased multiple residences with the criminal proceeds. She used them as part of the scheme to either collect, distribute the proceeds and/or stage some of the rooms for the times when authorities indicated they would conduct a site inspection. The rooms were setup to appear as if they belonged to the fake spouses.

Nguyen herself also entered the United States through a sham marriage.

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

HSI, USCIS and IRS-CI conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman, Michael Day and Kate Suh are prosecuting the case.

HOUSTON - A 31-year-old Houston man has been taken into custody on charges of sex trafficking, announced U.S. Attorney Jennifer B. Lowery.

Law enforcement arrested Jonathan Smith-Byrd today. He is expected to make his initial appearance before U.S. Magistrate Judge Sam S. Sheldon at 2 p.m.  

A federal grand jury returned a six-count indictment Oct. 19 which was unsealed upon the arrest today.  

Smith-Byrd allegedly used force, fraud and coercion to cause three women to engage in commercial sex. Two of the victims were minors when Smith-Byrd trafficked them, according to the charges.

The indictment also alleges Smith-Byrd coerced the victims to engage in sex acts across state lines. 

If convicted, Smith-Byrd faces up to life imprisonment and a possible $250,000 maximum fine. 

The FBI conducted the investigation as part of the Human Trafficking Rescue Alliance (HTRA).

Established in 2004, the U.S. Attorney’s office in Houston formed the HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as a national model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses. 

Assistant U.S. Attorneys Sherin Daniel and Sebastian A. Edwards are prosecuting the case.

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

HOUSTON – A 28-year-old Dickinson man has been handed a significant sentence for receipt and possession of child pornography, announced U.S. Attorney Jennifer B. Lowery.

Richard Blake Howard pleaded guilty Feb. 16.

Today, U.S. District Judge Brown sentenced him to 174 and 120 months for the receipt and possession of child pornography convictions, respectively. They will run concurrently for a total 174-month-term of imprisonment. At the hearing, the court heard additional information that Howard was not deterred even after law enforcement executed a search warrant at his residence in March 2019, seized his electronic devices and arrested him on an unrelated state warrant. The court then heard how Howard continued to receive, distribute and view child pornography using his Xbox until law enforcement executed a second search warrant in February 2021. The court also heard how Howard had a collection of children’s panties that he would steal from when he babysat young children. The court heard how Howard morphed images to create his own child pornography and took candid photos of women’s buttocks.

Howard will further be ordered to pay restitution to the victims in an amount to be determined later and will serve 15 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. Howard will also be ordered to register as a sex offender.

In December 2018, authorities began an investigation after receiving a cyber tip from a cloud storage company. They determined Howard’s location based on the IP address he used to receive and distribute child pornography to several storage accounts.  

Law enforcement executed a search warrant at Howard’s residence and seized laptop computers and cell phones. A search of his electronic devices revealed he received and distributed child pornography via his cloud storage accounts. Further investigation showed he received images from a particular website that is known by authorities to be a platform for child pornography.

Howard possessed approximately 973 images of prepubescent minors, bondage and bestiality involving minors engaging in sexually explicit conduct. He also had 1,203 videos with some over five minutes in length.

Howard has been and 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 Sherri L. Zack and Kimberly A. Leo 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 link on that page.

HOUSTON – The Southern District of Texas Chapter of the Federal Bar Association has awarded U.S. Attorney Jennifer B. Lowery the Michael Taylor Shelby Award for Professionalism in Federal Service.  

Lowery received the award at the 2022 Federal Bar Association’s annual dinner the evening of Oct. 24.

The award was established in 2006 in memory of Michael Taylor Shelby, U.S. Attorney for the Southern District of Texas (SDTX) from 2001 to 2005. The award recognizes an attorney in federal service in the SDTX who has exhibited outstanding dedication, ethics and professionalism in the practice of law on behalf of the federal government.

As part of her selection, Lowery was recognized as a lifelong public servant who embodies the essence of what the late Shelby stood for - dedication to the pursuit of justice, adherence to ethical principles and commitment to professionalism. Lowery has been the chief federal prosecutor for the SDTX since February 2021. In that role, she has led her office of nearly 500 employees through unique challenges of the pandemic while ensuring the interest of the United States is served in criminal, civil and appellate cases.

Lowery joined the SDTX in 2008, initially as an Assistant U.S. Attorney (AUSA). She soon earned the title of senior litigation counsel and ethics advisor before joining management as a deputy criminal chief, executive AUSA, criminal chief, first assistant U.S. attorney and eventually the court-appointed U.S. attorney. As reflected in her titles, Lowery has vast knowledge of criminal law issues and a record of strong leadership.

Lowery’s colleagues note how she earned every title she has held at the U.S. Attorney’s Office (USAO), bringing to each position her innovative thinking and sound reason. She leans forward by giving seasoned and newer attorneys opportunities to develop and demonstrate leadership skills. Defense attorneys seem to respect her because she is honest and fair and is never willing to compromise her integrity.

The award recognizes that Lowery sets standards to ensure the right cases are prosecuted and violent criminals are apprehended. She also takes a pragmatic approach to civil cases to ensure the United States is made whole in affirmative litigation and the interest of the United States is protected in defensive litigation. In the Appellate realm, she considers and reviews the SDTX’s adverse Fifth Circuit and district court decisions and determines what recommendations to make to the Department of Justice Criminal Appellate Section and the Office of the Solicitor General regarding further review.

Lowery’s federal service extends beyond the USAO. She is vice chair of the Border & Immigration subcommittee of the Attorney General’s Advisory Committee (AGAC) and a member of the Violent & Organized Crime AGAC subcommittee. She also takes advantage of opportunities to engage with the community in which she serves. She speaks at annual Red Ribbon Week events, law enforcement training workshops and conferences as well as local bar association events. She also participates in federal agency campaigns to reduce crime. Additionally, she serves as an adjunct professor at the University of Houston Law Center, where she teaches Criminal Litigation and Legal Issues in Criminal Procedure.

Accolades aside, Lowery was noted as a consummate professional who is well respected among her peers, staff and the community.

HOUSTON – A federal jury in Houston has convicted a 45 year-old Houston woman on two counts of drug trafficking, announced U.S. Attorney Jennifer B. Lowery.

The jury deliberated for approximately two hours before convicting Priscilla Yvette Cervantes of one count of conspiracy to possess with intent to distribute cocaine and aiding and abetting possession with intent to distribute cocaine following a five day trial.

During trial, the jury heard that in 2020, Cervantes assisted her former boyfriend/fiancé in transporting drug proceeds and escorting cocaine through the Houston area with police vehicles. Her boyfriend was Alexander S. Reyes - a former constable deputy for the Harris County Precinct One Constable’s Office.

Testimony revealed that authorities discovered text messages between the co-conspirators, undercover recordings and camera footage taken from Reyes’s constable vehicle.

The investigation revealed in that August and September 2020, they took two trips to Lake Charles, Louisiana, to transport drug proceeds into Houston. In December 2020, they used police vehicles to escort a tractor trailer containing six kilograms of cocaine and four “dummy” kilograms from Houston to Louisiana.

Reyes pleaded guilty Jan. 6 and remains in custody pending sentencing.

U.S. District Judge David Hittner presided over the trial and will set sentencing for Cervantes at a later date. At that time, Cervantes faces a mandatory minimum 10-year-term of imprisonment for both counts and a possible $10 million maximum fine. 

Previously released on bond, Cervantes was taken into custody following the conviction today where she will remain pending that hearing.

The FBI conducted the investigation with the assistance of the Texas Department of Public Safety and Harris County Precinct One Constable’s Office. Assistant U.S. Attorneys Carolyn Ferko and Heather Winter are prosecuting the case. HOUSTON – A federal jury in Houston has convicted a 45 year-old Houston woman on two counts of drug trafficking, announced U.S. Attorney Jennifer B. Lowery.

The jury deliberated for approximately two hours before convicting Priscilla Yvette Cervantes of one count of conspiracy to possess with intent to distribute cocaine and aiding and abetting possession with intent to distribute cocaine following a five day trial.

During trial, the jury heard that in 2020, Cervantes assisted her former boyfriend/fiancé in transporting drug proceeds and escorting cocaine through the Houston area with police vehicles. Her boyfriend was Alexander S. Reyes - a former constable deputy for the Harris County Precinct One Constable’s Office.

Testimony revealed that authorities discovered text messages between the co-conspirators, undercover recordings and camera footage taken from Reyes’s constable vehicle.

The investigation revealed in that August and September 2020, they took two trips to Lake Charles, Louisiana, to transport drug proceeds into Houston. In December 2020, they used police vehicles to escort a tractor trailer containing six kilograms of cocaine and four “dummy” kilograms from Houston to Louisiana.

Reyes pleaded guilty Jan. 6 and remains in custody pending sentencing.

U.S. District Judge David Hittner presided over the trial and will set sentencing for Cervantes at a later date. At that time, Cervantes faces a mandatory minimum 10-year-term of imprisonment for both counts and a possible $10 million maximum fine. 

Previously released on bond, Cervantes was taken into custody following the conviction today where she will remain pending that hearing.

The FBI conducted the investigation with the assistance of the Texas Department of Public Safety and Harris County Precinct One Constable’s Office. Assistant U.S. Attorneys Carolyn Ferko and Heather Winter are prosecuting the case. 

HOUSTON – Authorities have taken seven Houston area men into custody on allegations including conspiracy to commit interference with commerce by robbery, conspiracy to possess with intent to distribute and carrying a weapon in relation to a drug trafficking offense, announced U.S. Attorney Jennifer B. Lowery.

Travonte Ardoin, 25, Jcoi Naquon Barley, 23, Maurkael Brown, 27, Terrell Treyvon Davis, 25, Emery Jermaine Goodley, 23, and Jymonte McClendon, 24, all of Houston, and Terry Ardoin, 21, Richmond, are expected to make their initial appearances before U.S. Magistrate Judge Sam Sheldon at 2 p.m.

Law enforcement took all seven into custody Friday following the filing of a criminal complaint.

The charges allege all are believed members or associates of the Freemoney gang operating in Southeast Houston. The Freemoney gang is suspected of committing a number of violent acts in and around the community, according to the complaint.    

On Aug. 14, the seven men planned to participate in a robbery at a residence of a known drug dealer who often advertised his marijuana on an open Instagram page, according to the complaint. Brown had allegedly confirmed with Barley they had people to help commit the robbery. The charges also allege Terry and Barley discussed recruiting or needing more people who could “hit licks, kill and do everything they needed to do.” 

Law enforcement was able to intercede and prevent the robbery from occurring, according to the complaint. Authorities allegedly recovered various firearms the men were planning to use at the time of the robbery including three that had glock switches attached to them.

All are charged with conspiracy to commit interference with commerce by robbery, conspiracy to possess with intent to distribute and carrying a weapon in relation to a drug trafficking offense. The robbery charge carries a potential 20-year prison sentence, while a conviction of the drug conspiracy has a maximum of 40 years. If convicted of the weapons charge, each will receive a minimum of five years and up to life which must be served consecutively to any other prison term imposed. Maurkael Brown and Terrell Davis are also charged with possession of a machine gun in relation to a drug trafficking offense – a crime that carries a minimum of 30 years and up to life which must also be served consecutively.

The FBI and Houston Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Texas Department of Public Safety. Assistant U.S. Attorney Lisa Collins is prosecuting the case.  

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

HOUSTON – A 61-year-old man residing in Houston has been ordered to federal prison following multiple child pornography convictions, announced U.S. Attorney Jennifer B. Lowery.

David Craig pleaded guilty May 24 to distribution and possession of child pornography.

Today, U.S. District Judge Andrew S. Hanen sentenced Craig to a total of 108 months in federal prison. He must also serve 10 years of supervised release following his incarceration, during which time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Craig will also be ordered to register as a sex offender.

Restitution will be determined at a later date.

Craig came to the attention of law enforcement for his presence on dark web chat sites dedicated to child exploitation and advertising the distribution of child pornography. Law enforcement downloaded several images of child pornography from a particular IP address that led them to Craig’s residence. 

Authorities later executed a search warrant and seized various electronic devices including a Dell laptop. Further investigation of the laptop revealed child pornography of prepubescent minors engaging in sexually explicit conduct, sado-masochistic conduct with minors and the sexual assault and torture of infants and toddlers.  

Craig possessed over 18,000 images and over 4,000 videos of child pornography at his residence.

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

FBI - Houston conducted the investigation with the assistance of FBI – Violent Crimes Against Children Unit in Washington, D.C.  

Assistant U.S. Attorneys Sherri L. Zack and Kimberly Ann Leo along with Trial Attorney James E. Burke IV of the Child Exploitation and Obscenity Section 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 link on that page.

A federal jury convicted two Texas men yesterday for conspiring to pay bribes to two city commissioners in Weslaco, Texas, in connection with millions of dollars in city contracts. 

According to court documents and evidence presented at trial, Richard Quintanilla, 57, of Weslaco, and former Hidalgo County Commissioner Arturo C. Cuellar Jr., 68, of Hidalgo County, agreed with others to bribe two Weslaco City Commissioners, John Cuellar and Gerardo Tafolla, in exchange for official actions favorable to engineering companies seeking large contracts with the city.

From approximately March 2008 through December 2015, one of the participants in the scheme received approximately $4.1 million from two engineering companies and shared nearly $1.4 million with Arturo Cuellar. Arturo Cuellar also used a company he controlled to facilitate the payment of approximately $405,000 in bribes to his cousin, John Cuellar, which were disguised as legitimate legal expenses. In exchange for these payments, John Cuellar took several official actions to benefit the companies, including helping to award a $38.5 million contract to rehabilitate Weslaco’s water treatment plant. Quintanilla also facilitated the payment of other bribes to Tafolla.

John Cuellar pleaded guilty in August 2019 to conspiracy to commit honest services fraud and has not yet been sentenced. Tafolla pleaded guilty in April 2019 to federal program bribery and has not yet been sentenced.

Arturo Cuellar was convicted of conspiracy to commit honest services wire fraud, four counts of honest services wire fraud, federal program bribery, conspiracy to commit money laundering, 26 counts of money laundering, and 26 counts of using a facility in interstate commerce to facilitate unlawful activity. Quintanilla was convicted of conspiracy to commit honest services wire fraud, four counts of honest services wire fraud, federal program bribery, conspiracy to commit money laundering, and seven counts of money laundering.

Arturo Cuellar and Quintanilla each face up to 20 years in prison on the top count. Sentencing has been scheduled for Jan. 18, 2023. 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 Jennifer Lowery for the Southern District of Texas; Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Field Office; and Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation (IRS-CI) Houston Field Office made the announcement.

The FBI San Antonio Field Office and IRS-CI Houston Field Office investigated the case.

Senior Litigation Counsel Marco A. Palmieri and Trial Attorney William J. Gullotta of the Criminal Division’s Public Integrity Section (PIN) and Assistant U.S. Attorney Roberto Lopez Jr. for the Southern District of Texas are prosecuting the case. Deputy Chief of PIN Peter M. Nothstein and former PIN Trial Attorneys Erica O’Brien Waymack and Jessica C. Harvey assisted in the prosecution.

LAREDO, Texas – Two Texas men have been sent to federal prison following their convictions of conspiracy to possess with the intent to distribute 34.5 kilograms of liquid meth associated with the Cartel Del Noreste (CDN), announced U.S. Attorney Jennifer B. Lowery.

Bonifacio Turrubiates, 48, Laredo, pleaded guilty July 7, while Dionicio Sanchez, 46, Houston, admitted his guilt June 3.

Today, U.S. District Judge Marina Garcia Marmolejo imposed a 188-month term of imprisonment for Turrubiates, while Sanchez received 168 months. They must also serve five years of supervised release following their sentences. At the hearing, the court heard additional evidence including how both men had a lengthy criminal history of drug trafficking. In handing down the prison terms, Judge Marmolejo noted that they were both “lucky” not to receive life sentences.

On April 28, 2020, authorities conducted a seizure on their vehicle in the parking lot of an HEB grocery store located in Laredo. There, they discovered kilograms of liquid meth hidden inside multiple fire extinguishers. The investigation revealed the meth belonged to an organization affiliated with the CDN.

At the time of their pleas, Turrubiates and Sanchez admitted to conspiring to hide the meth inside fire extinguishers and transporting them outside of Texas by driving the drugs north of Laredo.

Both men 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 Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Noreste with the assistance of Webb County Sheriff’s Office. 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, mutlti-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. Attorney Francisco J. Rodriguez prosecuted the case.

HOUSTON – A 36-year-old South African citizen illegally residing in La Marque has handed a significant sentence multiple child pornography convictions, announced U.S. Attorney Jennifer B. Lowery.

Andrian Page pleaded guilty June 19, 2019.

Today, U.S. District Judge George C. Hanks sentenced him to 336 months for production of child pornography and 60 months each for the distribution, receipt and possession of child pornography convictions, respectively. They will run consecutively for a total 516-month term of imprisonment. The court also heard additional information today including a letter written by the mother of the production victim detailing how profoundly this has changed her life, how she trusts no one with her daughter and does not know if she will ever trust again. In handing down the prison terms, the court noted his role was not only to appropriately punish Page for his conduct but to protect future victims from him.

Restitution will be determined at a later date.

Page 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. Page will also be ordered to register as a sex offender. He is also expected to face removal proceedings following his incarceration and will be required to register as a sex offender.

Page came to the attention of law enforcement during an investigation into the distribution of child pornography via peer-to-peer software. Law enforcement was able to download several images of child pornography from a particular IP address. Further investigation led to Page’s home where he lived with his parents. 

Law enforcement executed a search warrant and seized various electronic devices such as laptop computers and cell phones. Upon searching those items, they found child pornography images of a then six-year-old minor female victim. The investigation revealed Page produced these images in his home. 

In total, Page possessed over 3300 images and over 125 videos of child pornography on numerous devices found at his residence.

The images/videos Page produced are of the minor who was nude in some instances. In one image, his genitalia in in the victim’s hand. Some of the other images and videos Page obtained elsewhere range from a 30-minute video of a six-year-old minor female with an adult male penetrating her orally to videos of anal intercourse between an adult male and a child under the age of 12.

Page has been and 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. Attorney Sherri L. Zack 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 – A 51-year-old man who advertised himself as the “Used Car King of New York” has admitted to conspiring to commit wire fraud, announced U.S. Attorney Jennifer B. Lowery.

Octavian Ocasio pleaded guilty to conspiring with others residing in the Southern District of Texas to buying and selling thousands of fraudulent Texas-issued temporary buyer tags for cars outside of Texas without a legitimate vehicle purchase.

Ocasio and co-conspirators used the internet to buy and sell the fraudulent state-issued buyer tags and exchange proceeds from the illegal tag sales.

As part of his plea, Ocasio acknowledged he and his co-conspirators communicated through accounts on Gmail, Instagram and Facebook to receive and deliver fraudulent buyer tags to purchasers all over the United States, including New York, Florida and Washington, D.C. 

He also admitted he and his co-conspirators advertised the state-issued buyer tags on social media platforms and received and shared fraud proceeds via electronic payment services such as Cash App and Zelle.

U.S. District Judge George C. Hanks Jr. will impose sentencing Feb. 6, 2023. At that time, Ocasio faces up to 20 years in federal prison and a possible $250,000 maximum fine.

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

Emmanuel Padilla Reyes aka Christian Hernandez Bonilla or Noel Rivera is still a fugitive in this case. The FBI is offering a $5,000 reward to anyone providing information that directly leads to his arrest. Those with information about the fugitive’s location should call 1-800-CALL-FBI.

The FBI conducted the investigation with assistance of Travis County Precinct 3 Constable’s Office, Houston Police Department, Texas Department of Public Safety, Texas Department of Motor Vehicles, Harris County Sheriff’s Office, New York State Police and New York City Police Department. Assistant U.S. Attorneys Belinda Beek and Adam Goldman are prosecuting the case.

LAREDO, Texas – A 19-year-old Laredo resident has been charged for conspiracy to possess with intent to distribute 1.42 kilograms of fentanyl, announced U.S. Attorney Jennifer B. Lowery.                                                                                

Today, a federal grand jury returned the two-count indictment against Ivan Eleodoro Garcia. He is expected to appear for his arraignment before a U.S. magistrate judge in the near future.  

The complaint originally filed in the case alleges that on Sept. 29, Garcia drove a 2014 Ford Taurus sedan into the Border Patrol (BP) checkpoint on I-35 north of Laredo. Three, a K-9 unit allegedly alerted law enforcement to the presence of concealed humans or narcotics at the rear of the vehicle.

Authorities conducted a search and allegedly discovered a custom-installed hidden compartment between the trunk and passenger area of the sedan. The charges also allege they discovered 13 bags containing 1.42 kilograms of blue pills. Law enforcement allegedly believed the pills were oxycodone hydrocholoride due to an embossed letter M on each pill. However, a field test later revealed the pills were counterfeit and contained fentanyl, according to the charges.

If convicted, Garcia faces up to life in prison a possible $10 million maximum fine.

The Drug Enforcement Administration conducted the investigation with the assistance of BP. Assistant U.S. Attorney Paul A. Harrison is prosecuting the case.

#OnePillCanKill

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

LAREDO, Texas – A 48-year-old Mexican Citizen has been indicted on charges of conspiracy to import 5.24 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.

Today, a federal grand jury returned the four-count indictment against Jose Juan Rosales-Vasquez. He is expected to appear for his arraignment before U.S. Magistrate Judge Diana Song Quiroga in the near future.

According to the charges, on Oct. 1, Rosales-Vasquez allegedly attempted to enter the United States from Mexico while driving a Chevrolet Beat sedan. At that time, Rosales-Vasquez allegedly told authorities he traveled to Dallas to visit relatives and presented a valid border crossing card.

However, during an X-ray inspection of his vehicle, law enforcement allegedly discovered anomalies in shopping bags located in the trunk and under the rear passenger seat. Further inspection revealed concealed bundles which tested positive for 5.24 kilograms of cocaine, according to the charges.

If convicted, Rosalez-Vasquez faces up to life in prison and a possible $10 million fine.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Paul A. Harrison 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.

CORPUS CHRISTI, Texas – A 28-year-old man has been ordered to prison following his conviction of possessing a firearm as a felon and possession with intent to distribute cocaine, announced U.S. Attorney Jennifer B. Lowery.

Manuel Moya pleaded guilty July 27.

Today, U.S. District Judge David S. Morales ordered Moya to serve 300 months in federal prison to be immediately followed by five years of supervised release.

On April 22, authorities executed a search warrant at Moya’s residence, at which time they discovered approximately 11.2 kilograms of cocaine, 1.5 kilograms of meth, three kilograms of marijuana and over $120,000. They also found other controlled substances such as psilocybin mushrooms, crack cocaine, synthetic cannabinoid, THC oil/wax and MDMA. He was the only one present at the location. 

The value of the cocaine and meth retrieved exceeded $774,000 and $72,000, respectively.

Law enforcement also found a Century Arms Inc. pistol, Ruger rifle, two Taurus pistols, three Glock pistols, a JTS Group shotgun, body armor, high-capacity magazines and several rounds of ammunition. Two of the firearms contained chambered rounds. Moya took responsibility of the weapons and ammunition.

In addition, they discovered several ledgers that documented Moya’s controlled substance distribution activities and a notebook with instructions on how to make drugs. Other supplies were found in the search including glassware with residue of controlled substances, bags, equipment for vacuum sealing, weight scales, small sandwich bags, money counters and razor blades.

The investigation revealed Moya was a local gang member and a drug supplier to the Mexican Mafia. He distributed narcotics on both an individual and large-scale basis.

Moya has been previously convicted of possession of a controlled substance, unlawful possession of cocaine and unlawful possession of a firearm by a felon. As such, he is prohibited from possessing firearms or ammunition per federal law.

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

Homeland Security Investigations and Corpus Christi Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney J. Parker Gochenour prosecuted the case.

HOUSTON – A 26-year-old man has been sent to federal prison following his role in a series of robberies in the Houston area, announced U.S. Attorney Jennifer B. Lowery.

Marco Ruelas pleaded guilty Aug. 9, 2021.

Today, U.S. District Judge Lynn Hughes ordered Ruelas to serve 234 months in federal prison to be immediately followed by four years of supervised release. At the hearing, the court heard Ruelas apologize to the court and the victims of his robberies and accepted responsibility for his crimes.

On Dec. 10, 2019, law enforcement responded to a robbery at a McDonalds on Westheimer Road in Houston. Witnesses reported that Ruelas rushed into the restaurant and pointed a shotgun at workers and bystanders. He said “I want the money, all the big bills or I will shoot all of y’all.”

Shortly after, he took cash from the registers and fled in a maroon sedan. Witnesses said they heard Ruelas fire shots in the parking lot as he fled.

Ruelas had a tattoo over his right eye which was later used to identify him. 

The investigation led to the connection of Ruelas to a previous robbery of a MetroPCS store that occurred Nov. 29, 2019, on Magnum Road in Houston. At that time, Ruelas produced a handgun and told an employee “give me everything and nothing is going to happen to you.” The employee told authorities Ruelas stole money and cell phones before running out of the store. Later, they described the tattoo over his eye. 

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

The Houston Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Jim McAlister prosecuted the case.

HOUSTON – The Department of Justice, law enforcement and community-based organizations assembled to further advance a nationwide initiative known as “United Against Hate,” announced U.S. Attorney Jennifer B. Lowery.   

On Sept. 15, Attorney General Merrick B. Garland introduced the program to contest unlawful acts of hate. He selected the Southern District of Texas (SDTX) as one of the 16 cohorts to expand strategies on this initiative.

On Oct. 13, the U.S. Attorney’s Office (USAO) hosted a Community Organizations and Agency Forum which included academic professionals, community organizations representing groups most often targeted by hate crimes, community associations created to combat hate, law enforcement agencies and county, state and federal-level prosecution agencies.

“Hate crimes not only impact the individuals who are directly targeted, but there is community victimization,” said Lowery. “We must take a collaborative and proactive, versus reactive, approach in addressing hate speech and hate crimes in order to make our communities safer.”

The groups reviewed statistical data regarding hate crimes in and around the Houston metroplex and assessed past hate crimes investigations and prosecutions. 

An interactive panel including the Anti-Defamation League – Southwest Region, Boniuk Institute for Religious Tolerance – Rice University, Jewish Federation of Greater Houston, Montrose Center (an agency servicing the LGBTQ+ community) and USAO-SDTX welcomed audience members to participate in difficult conversations. They held in-depth discussions on issues such as lack of reporting by victims, cultural biases, sensitivity issues that may be exhibited when encountering hate crime victims, re-victimization, community awareness and training.

They further considered potential solutions to mitigate these issues including the development of a formal alliance with community partners to outline the process of educating the community, training law enforcement, increasing victim advocacy and prosecuting offenders. 

The forum is the beginning of a collaborative community effort to minimize hate crimes in the SDTX through extensive awareness campaigns, thorough investigations and vigorous prosecutions.

Additionally, attendees were provided information regarding the Department of Justice’s United Against Hate Crimes website for reporting hate crimes, resources and federal grant opportunities.

HOUSTON – Two individuals have been ordered to federal prison following their convictions of conspiracy to commit and committing health care fraud, announced U.S. Attorney Jennifer B. Lowery.

A federal jury convicted Francis Ekene, 71, Sugar Land, on all counts following a three-day trial.

Today, U.S. District Judge Sim Lake imposed a 120-month-term of imprisonment to be immediately followed by three years of supervised release. In handing down the prison term, Judge Lake noted that despite his health issues, it was important for him to serve his punishment.  

Also convicted at trial was Alfred Olotin Alatan, 63, formerly of Houston and now residing in Fulshear. He was previously sentenced to 120 months in prison.

Alatan was the owner of Colony Home Health Services, while Ekene was the owner of Milten Medical Clinic, both businesses located in Houston.

At trial, the jury heard that Alatan paid recruiters to bring patient information to be billed for home health services regardless of whether they needed it or not. Beneficiaries testified in trial and admitted they did not need home health services at the time the health care service providers billed them.

Additional testimony revealed a doctor had signed off on plan of care forms at the Milton Clinic when patients were not actually under his care.

Previous employees Susana Bermudez and Rita Kpotie Smith also testified. Bermudez admitted she and Smith operated both clinics and that Alatan was the leader of the scheme. Both Alatan and Ekene would consult Bermudez and Smith who directed them and provided assistance in carrying out the scheme within both offices.

At trial, the defense attempted to convince the jury they were not involved in the daily operations and did not know the provided services were unnecessary and fraudulent.

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

Bermudez and Smith, both 55, and of Houston, previously pleaded guilty to their roles as co-conspirators in the scheme. Bermudez is currently serving 30 months in federal prison, while Smith is serving is serving a 60-month sentence.

The Department of Health and Human Services - Office of Inspector General conducted the investigation with the assistance of the FBI. Assistant U.S. Attorneys Tina Ansari and Grace Murphy prosecuted the case along with paralegal Judith Cardona. 

LAREDO, Texas – Two Mexican nationals and one Texas man who are associated with the Jalisco Cartel have been sent to federal prison following their convictions of conspiracy to possess with the intent to distribute eight kilograms of meth, announced U.S. Attorney Jennifer B. Lowery.

Gustavo Arocha, 47, Uriel Lopez, 45, both of Michoacan, Mexico, pleaded guilty Dec. 1, 2021, and Dec. 7, 2020, respectively. Juan Hinojosa, 49, Laredo, pleaded guilty Feb. 5, 2021.

Today, U.S. District Judge Diana Saldana imposed a 240-month term of imprisonment for Arocha, while Sanchez and Hinojosa received 108 and 120 months, respectively. Not U.S. citizens, Arocha and Lopez are expected to face removal proceedings following their imprisonment.

At the hearing, the court heard additional evidence detailing how the traffickers also conspired to import an additional 27 kilograms of heroin and planned to bring 100 kilograms of cocaine into the country from Mexico. In handing down the prison terms, Judge Saldana noted the importation of illegal drugs brought pain and suffering to the community.

The investigation revealed that from May 4, 2018, to Oct. 28, 2019, Arocha, Lopez and Hinojosa conspired to import illegal drugs into the United States through Laredo. During the hearing, the court heard Arocha was the ringleader of the organization and was connected to a source of supply in Mexico with potential buyers in the United States.

The Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation dubbed Dart Monkey with the assistance of the Texas Department of Public Safety, Laredo Police Department and Webb County Sheriff’s Office. 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, mutlti-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 Graciela Lindberg, Jennifer Day and Francisco J. Rodriguez prosecuted the case.

McALLEN, Texas – A 56-year-old man who illegally resided in Mission has been ordered to federal prison for his role in conspiring to possess with intent to distribute 32 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.

Rogelio Alberto Velasco pleaded guilty June 3.

Today, U.S. District Judge Randy Crane sentenced Velasco to 70 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 evidence that Velasco received his law degree in 1995 and worked for the attorney general of the Republic in Mexico for nearly 30 years. In handing down the sentence, the court noted that Velasco was educated and knew the consequences of his actions yet still engaged in drug trafficking.  

On Jan. 27, Velasco provided a kilogram of cocaine to undercover authorities as a sample of the product he had available for purchase. The next day, undercover authorities again meet with Velasco to buy an additional two kilograms of cocaine. Law enforcement subsequently executed a search warrant at his residence in Mission that resulted in the discovery of an additional 29 kilograms of cocaine. Additional search warrants of Velasco’s telephones revealed he was in direct communication with the source of supply.  

The cocaine has an estimated street value of $800,000.

Velasco 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 Hidalgo County Precinct 1 Constable’s Office. Assistant U.S. Attorney Laura Garcia prosecuted the case.

HOUSTON – A 43-year-old Waller County man has admitted to willfully injuring or committing depredation against property of the United States by ramming his truck and trailer into the signage entrance of the FBI, announced U.S. Attorney Jennifer B. Lowery.

On May 11, Jesus Jaimes Merlan approached the Houston FBI visitor security facility in a truck. Upon his arrival, he sat in his vehicle, smoked a cigarette and stared forward. At that time, he requested to speak to an agent.

Security advised him that he would have to return in the morning. Merlan responded by yelling he could not wait. He then backed his truck up and rammed it forward into the FBI signage.

Authorities took him into custody immediately and conducted an interview. At that time, he appeared to be in mental distress. He said he rammed the signage because he felt as if he was not getting any help. Merlan also made several incoherent remarks about individuals chasing or stalking him, wishing to do him harm and/or take his belongings.

As part of his plea, Merlan admitted he purposefully caused damage in order to speak to someone at the FBI.

The labor costs estimated to repair the gate and signage is over $35,000.

U.S. District Judge Lee Rosenthal will impose sentencing Feb. 9, 2023. At that time, Merlan faces up to 10 years in federal prison and a possible $250,000 fine.

He was permitted to remain on bond pending that hearing.

The Federal Protection Service conducted the investigation with the assistance of the FBI, Houston Police Department and General Services Administration. Assistant U.S. Attorney Joe Porto is prosecuting the case.

LAREDO, Texas – Four men have been ordered to federal prison following their convictions of assault with a dangerous weapon, announced U.S. Attorney Jennifer B. Lowery.

Gilbert Arevalo, 26, Laredo, pleaded guilty Feb. 28, while Antonio Cristian-Martinez, 22, McAllen, Orlando Flores-Duke, 27, an undocumented alien residing in Nuevo Laredo, Mexico, and Jamie Pecina, 25, Laredo, pleaded guilty March 28.

Today, U.S. District Judge Diana Saldana imposed a 120-month term of imprisonment for Arevalo for the assault. He had already received 87 months for an unrelated case. The sentence imposed today was ordered to be served consecutively to 60 out of the 87 months in the unrelated case for a total 180-month-term of imprisonment.

Cristian-Martinez, Flores-Duke and Pecina were previously sentenced to total prison terms of 97, 161 and 141 months.

At the hearing today, the court heard from the victim’s family who described the lasting and damaging impact the group had on not just the victim, but the entire family. At the hearing, the family said their lives have been changed forever as a result of the assault. Judge Saldana noted the violent nature of the offense and the general lack of care or regard for the life of the victim. In handing down the sentence, Judge Saldana noted the egregiousness of the offense and lack of humanity. Judge Saldana said she will never forget the harm the caused to the victim and family.

The four men were in custody awaiting their sentences for various charges at the Rio Grande Processing Center in Laredo.

On Nov. 10, 2021, Arevalo, Pecina and Flores-Duke had a verbal altercation with a fellow inmate. Shortly after, Cristian-Martinez joined argument and they attacked the victim with punches and kicks to the head and body.

The group left the victim severely injured and unconscious on the ground. As a result of the attack, the victim is now in a vegetative state and requires around-the-clock medical care.

All four 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. Former Assistant U.S. Attorney (AUSA) Anthony G. Brown and AUSA Matthew Isaac prosecuted the case.

HOUSTON ‐ A 23-year-old Pasadena man has admitted to firearm and drug trafficking offenses related to his role in the shooting of a Houston Police Department (HPD) officer, announced U.S. Attorney Jennifer Lowery.   

Jimmy Caston Bryan pleaded guilty to possessing with intent to distribute meth and to carrying and discharging a firearm during and in relation to a drug trafficking crime.

As part of his plea, Bryan admitted that on May 4 he fired multiple shots at an HPD officer near 14300 Gulf Freeway.

Bryan previously trafficked narcotics in the Houston area, had possessed meth and was believed to be in the possession of multiple firearms. On May 4, authorities conducted a traffic stop, at which time two HPD officers approached Bryan’s truck and requested identifying information.

Bryan did not comply which led law enforcement to ask him to step out of the vehicle. As one officer opened Bryan’s door, Bryan quickly reached into his waistband and pulled out a semi-automatic handgun.

As part of his plea, Bryan also admitted he shot and struck the other HPD officer twice - once in the chest and once in the right hip.

Both officers returned gunfire and struck Bryan.

A search of Bryan’s vehicle revealed over 48 grams of meth, heroin, cocaine, MDMA, a digital scale and two additional handguns.   

Bryan faces up to 40 years for drug trafficking. He also faces up to life in prison for the firearm charge which must be served consecutively to the other prison term imposed. 

Sentencing is set for Feb. 9, 2023, before Chief U.S. District Judge Lee H. Rosenthal. Bryan will remain in custody pending that hearing.

The Drug Enforcement Administration, HPD, Texas Department of Public Safety and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Michael Day is prosecuting the case.

HOUSTON – A Houston woman has been ordered to federal prison following her conviction of conspiracy to commit health care fraud, announced U.S. Attorney Jennifer B. Lowery.

Kyhati Undavia pleaded guilty Oct. 12, 2021.

Today, U.S. District Judge Hanen ordered Undavia to serve 27 months in federal prison to be immediately followed by three years of supervised release. In handing down the sentence, the court considered the $12 million dollar restitution she paid at the time of the sentencing. In handing down the sentence, Judge Hanen noted restitution goes a long way to show acceptance but you cannot buy your way out of prison.

At the time of her plea, Undavia admitted to submitting claims to federal health benefit programs such as TRICARE, Department of Labor Office of Workers’ Compensation Programs (DOL-OWCP) and Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) for compounded medication prescriptions. Undavia has a professional background as a pharmacist who controlled and operated Memorial Pharmacy.

From December 2012 to December of 2018, Undavia hired employees to market Memorial Pharmacy to physicians as a place to submit compounded drug prescriptions. Undavia paid kickbacks through the marketers to physicians in efforts to persuade them to write prescriptions and send them to Memorial on behalf of their patients.

Instead of providing pain medication prescriptions directly to the patients who could select a pharmacy of their choice, the bribed physicians sent the prescriptions directly to Memorial. In some instances, patients were never seen by an actual physician. Instead, physicians authorized prescriptions for beneficiaries that a marketer provided to them.

The marketer paid the physician an illegal kickback for the prescriptions or Undavia would directly pay them. Beneficiaries often received medicated creams that they did not need or want.    

Undavia received approximately $22 million from Tricare, DOL-OWCP and CHAMPVA for the prescriptions.

“Today’s sentencing is a testament to the dedication and determination of the investigative and legal teams,” said Special Agent in Charge Scott Pierce, U.S. Postal Service - Office of Inspector General (USPS-OIG), Southern Area Field Office. “The Postal Service spends hundreds of millions of dollars annually on health care related costs and these monies are critical to those who legitimately require medical services. As in this case, our criminal investigators will diligently pursue any individual or organization intent on defrauding the Postal Service with an eye on both federal prosecution and returning lost monies to the affected program.”   

Undavia 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 Defense Criminal Investigative Services, DOL - Office of Inspector General (OIG), USOS-OIG, Veterans Affairs - OIG and FBI conducted the investigation. Assistant U.S. Attorney Tina Ansari prosecuted the case.

HOUSTON – Three individuals have been charged for their roles in a multi-year fraud and money laundering conspiracy involving call centers, announced U.S. Attorney Jennifer B. Lowery.

Amirsinh Diwan, 42, Des Plaines, Illinois, is expected to appear before U.S. Magistrate Judge Yvonne Y. Ho at 1:30 p.m. today. Zaheen Rafikbhai Malvi, 28, Heber Springs, Arkansas, is expected to appear at 2 p.m.

Also charged is Sohil Usmangani Vahora, 37, also of Des Plaines. He is expected in Houston at a later date.

The 11-count indictment, returned Sept. 7, and unsealed upon their arrests Sept. 22, alleges that from January 2017 to August 2020, the individuals and other co-conspirators allegedly engaged in a criminal fraud conspiracy originating from call centers located in India.

The callers impersonated U.S. government officials and tricked victims into sending them money to safeguard their assets, avoid arrest or prevent their government benefits from being cut off, according to the charges.

Victims allegedly sent money in the form of gift cards by providing redemption codes over the phone and mailed cash in packages sent to FedEx and UPS pick-up locations. The indictment alleges co-conspirators, known as runners, liquidated victims’ gift cards at retail locations in the United States or used fake identification documents to pick up their packages containing cash at Walgreens locations.

They allegedly defrauded over $11 million from victims as a result of the conspiracy.

All three individuals are charged with conspiring to commit mail fraud, wire fraud and conspiring to commit money laundering. Vahora is also charged with seven counts of mail fraud, while Diwan and Malvi are charged with two and four counts of mail fraud, respectively.

If convicted, all three individuals face up to 20 years in federal prison.

The Social Security Administration – Office of Inspector General, Treasury Inspector General for Tax Administration, U.S. Postal Inspection Service, Homeland Security Investigations in Houston and Fayetteville, Arkansas and the FBI with the assistance of the Heber Springs Police Department. Assistant U.S. Attorneys Stephanie Bauman and Kate Suh are prosecuting the case.

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

HOUSTON – A 47-year-old woman residing in Houston has been sent to prison following her conviction of mail fraud, announced U.S. Attorney Jennifer B. Lowery.   

Noor Clements pleaded guilty Nov. 15, 2021.

Today, U.S. District Judge Lynn Hughes ordered Clements to serve 18 months in federal prison to be immediately followed by three years of supervised release. She is also required to pay $250,000 in restitution to her employer.

Clements worked in the Houston office of a California-based company as a chief financial officer and head of human resources from April 2016 to May 2018. In her role, she managed all accounting functions of the office including payroll and banking.

As part of her plea, she admitted to paying herself unearned vacation and overtime pay. She also made unauthorized payments with company funds to pay her student loans, credit card and personal vehicle bills. In addition, she used her company credit card towards personal expenses such as travel, income taxes, car repairs and tickets to sporting events and concerts.

The U.S. Postal Inspection Service and IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Charles J. Escher prosecuted the case.

HOUSTON – A federal jury in Houston has convicted a 65-year-old Houston resident for conspiracy to commit health care fraud, announced U.S. Attorney Jennifer B. Lowery.

The jury deliberated for approximately three hours before convicting Abudul Audu Azia Ozigi following a three-day trial

At trial, co-conspirator Margaret Arise testified that she owned numerous home health agencies in the Houston Area. She admitted she hired Ozigi to act in the role of a physician to see patients in their homes.

Ozigi did not have a license to practice medicine in the United States and was also not under the supervision of a physician when he treated patients.

Arise further testified Ozigi visited patients and qualified them for home health, when in fact, they did not need services. In addition, recruiters were paid to provide patient information to bill them for home health services regardless of whether they needed care.

Arise, 63, Missouri City, was previously convicted and is currently pending sentencing.

At trial, Ozigi attempted to convince the jury he had no knowledge of fraud and did not have the intent to defraud Medicare. He testified that he was merely seeing patients for Arise, despite not having any medical license in the United States and without being supervised by a physician.

The jury did not believe defense claims and found Ozigi guilty as charged.  

U.S. District Judge David Hittner presided over trial and will set sentenced at a later date. At that time, Ozigi faces up to 10 years in prison and a possible $250,000 fine.

Previously released on bond, Ozigi was taken into custody following the conviction today where he will remain pending that hearing.  

The Department of Health and Human Services – Office of Inspector General, Texas Medicaid Fraud Control Unit and Southwest UPIC Qlarant and the FBI conducted the investigation. Assistant U.S. Attorneys Tina Ansari and Grace Murphy prosecuted the case with assistance from paralegal Judith Cardona.

LAREDO, Texas – A local man and Mexican national have been ordered to federal prison following their roles in a conspiracy to distribute 42.5 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.

Frederico Hernandez, 29, Tamaulipas, Mexico, and Miguel Angel Cruz-Recio, 44, Laredo, pleaded guilty Oct. 2, 2019.

Today, U.S. District Judge Marina Garcia Marmolejo handed Cruz-Recio a sentence of 120 months in federal prison to be immediately followed by five years of supervised release. Hernandez was previously sentenced to 40 months. Not a U.S. citizen, he is expected to face removal proceedings following his incarceration. At the hearings, the court heard evidence including the high amount of drugs found. While imposing the sentences, Judge Marmolejo noted the seriousness of the crime.

At the time of their pleas, both men admitted that on June 7, 2019, they conducted a drug transaction involving 5.5 kilograms of cocaine at a Home Depot parking lot located in Laredo.

Hernandez had left the scene but authorities attempted to conduct a traffic stop on the vehicle Cruz-Recio was driving. That ultimately led to a brief police chase that ended as he crashed his vehicle into a telephone pole. He attempted to flee on foot, but was soon apprehended.

Authorities later discovered an additional 37 kilograms of cocaine and a handgun at Cruz-Recio’s residence. Law enforcement apprehended Hernandez as he attempted to apply for entry into Laredo from Mexico at the Gateway to the Americas Bridge.

Hernandez and Cruz-Recio 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 Drug Enforcement Administration conducted the investigation with the assistance of the Laredo Police Department. Assistant U.S. Attorney Paul Harrison is prosecuting the case.

BROWNSVILLE, Texas - A 45-year-old San Benito resident has been sent to federal prison following his conviction of possession with intent to distribute liquid meth, announced U.S. Attorney Jennifer B. Lowery.

Pedro Rodriguez III pleaded guilty July 14.

Today, U.S. District Judge Rolando Olvera ordered Rodriguez to serve 120 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, the court noted Rodriguez’s extensive criminal history.

On Jan. 11, law enforcement conducted a traffic stop on Rodriguez after he switched lanes without signaling. They soon discovered he had several pending state arrest warrants and took him into custody.

Authorities searched his vehicle and found approximately 253.2 kilograms of liquid meth hidden inside an auxiliary gas tank. Rodriguez admitted he knew the meth was inside the gas tank and had agreed to transport the narcotics from South Texas to Dallas.

Rodriguez 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 the San Benito Police Department. Assistant U.S. Attorney Edgardo J. Rodriguez prosecuted the case.

McALLEN, Texas – Several men have pleaded guilty for their roles in a cocaine trafficking conspiracy, announced U.S. Attorney Jennifer B. Lowery.

Mexican citizens Jose Bernardo Gonzalez-Gomez, 55, and Jose Santiago Luna-Duran, 45; Arlando Garcia-Garcia, 40, and Martin Vela-Alanis, 58, both legal  permanent residents of Edinburg; and Oscar Obed Manzanares, 21, and Martin Adrusbel Vela, 35, both of Edinburg, pleaded guilty today for their respective roles in a conspiracy to possess with the intent to distribute cocaine.

On March 22, Manzanares traveled into the United States from Mexico in a GMC truck and parked it at a local business in McAllen. Luna-Duran then took the vehicle to a property in Edinburg.

There, authorities observed individuals exchange items between the GMC and a Ford pickup truck. Garcia-Garcia drove the Ford to a separate residence on a property where Vela and Vela-Alanis resided. Upon his arrival, he removed a large duffel bag from the truck. Gonzalez-Gomez was also present at that time.

Law enforcement executed a search warrant at the residence and recovered a duffel bag containing 15 bundles of a white powdery substance. They also found over $90,000 and a black and gold Colt Model 1911 pistol.

Luna-Duran returned to the business where authorities ultimately detained him as well as Manzanares. A search of the GMC vehicle resulted in an additional discovery of over $238,000 in bulk cash.

Laboratory analysis later confirmed the bundles tested positive for cocaine and had a weight of approximately 15 kilograms.

U.S. District Judge Ricardo H. Hinojosa will impose sentencing Dec. 15. At that time, each conspirator faces up to life in prison and a possible $10 million fine.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection Air and Marine Operations, Hidalgo County Sheriff’s Office and police departments in Hidalgo, Mission, McAllen, Alton, Pharr and Palmview. Assistant U.S. Attorney Peter I. Brostowin is prosecuting the case.

McALLEN, Texas – A 26-year-old man from Reynosa, Mexico, has been charged for receipt and possession of child pornography depicting prepubescent minors, announced U.S. Attorney Jennifer B. Lowery.

Today, a federal grand jury returned the two-count indictment against Ricardo Reyes-Garcia. He is expected to appear before U.S. Magistrate Judge Nadia S. Medrano in the near future.

According to the criminal complaint originally filed in the case, an investigation revealed Reyes-Garcia uploaded multiple files of child pornography into his Google account while in the United States. He allegedly downloaded approximately 200 videos depicting children between the ages of five and 13 and categorized them into a folder designated for child pornography.

If convicted, Reyes-Garcia faces up to 20 years in federal prison.  

Homeland Security Investigations conducted the investigation.

Assistant U.S. Attorney Devin V. Walker 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.

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

LAREDO, Texas – A 46-year-old resident of Montalba has been ordered to federal prison following his conviction of conspiracy to transport non-U.S. citizens, announced U.S. Attorney Jennifer B. Lowery.

Othell Corneilous Brown pleaded guilty June 28.

Today, U.S. District Judge Diana Saldaña ordered Brown to serve 41 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard additional testimony that detailed Brown’s prior training as a truck driver and whether it assisted him in the smuggling attempt. In handing down the sentence, the court noted Brown was extremely lucky that nobody was injured or killed during the smuggling attempt as it would have resulted in a much higher sentence.

On April 29, Brown drove a tractor trailer into the Border Patrol (BP) checkpoint located on I-35. Soon after, a K-9 alerted to authorities to the presence of humans or narcotics who then referred the vehicle to secondary inspection. At that time, law enforcement had to use a metal grinder to unseal the doors and discovered 98 undocumented individuals inside the refrigerated trailer.

Brown admitted he had transported several loads of people for the same organizer on previous occasions.

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

Homeland Security Investigations conducted the investigation with the assistance of the BP. Assistant U.S. Attorney Paul A. Harrison prosecuted the case.

LAREDO, Texas – An 18-year-old man residing in Laredo has been indicted on charges of alien smuggling causing serious bodily injury, announced U.S. Attorney Jennifer B. Lowery.

Today, a federal grand jury returned the two-count indictment against Cesar Alberto Rodriguez. He is expected to appear for his arraignment before a U.S. Magistrate Judge in the near future.

According to the criminal complaint originally filed in the case, on Sept. 13, Rodriguez drove a pickup truck carrying two residential air-conditioning units into the Hebbronville Border Patrol (BP) checkpoint. There, a K-9 allegedly alerted law enforcement to the presence of humans at the bed of the truck. They conducted an investigation and discovered undocumented individuals concealed inside the units, according to the charges.

At that time, the charges allege law enforcement asked Rodriguez for his identification. After handing them his Texas ID card, he allegedly put his truck into drive and sped away from the checkpoint.

The complaint alleges authorities found his vehicle in Bruni rolled over with debris scattered around it. At the scene, they found five injured undocumented individuals who were later transported to a hospital for treatment, according to the charges. One allegedly had to be air lifted to another location for further treatment. 

If convicted, Rodriguez faces up to 20 years in federal prison and a possible $250,000 maximum fine.

Homeland Security Investigations conducted the investigation with the assistance of BP. Assistant U.S. Attorney Paul A. Harrison 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 - The Department of Justice (DOJ) has announced the results of its efforts over the past year to protect older adults from fraud and exploitation.

During the past year, DOJ and its law enforcement partners tackled matters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made to return money to fraud victims. DOJ also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.

 “We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“ ‘Respect your elders’ is one of the most fundamental principles we are taught,” said U.S. Attorney Jennifer B. Lowery.” Sadly, however, all too often we see our most vulnerable senior citizens fall victim to fraud and/or abuse. From call center scams to theft, my office has worked diligently to hold such scammers accountable. We will continue these efforts as part of the Transnational Elder Fraud Strike Force with the hope we can preserve the dignity of our beloved aging community.”

From September 2021 to September 2022, DOJ personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters DOJ tackled ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. There were also substantial efforts over the last year to return money to fraud victims.

In the Southern District of Texas (SDTX) over the past year, federal grand juries returned indictments in 10 cases involving more than 15 defendants. Loss amounts totaled approximately $38 million from elderly victims throughout the district.

As part of its elder fraud efforts, the SDTX also engages in outreach to the community and industry to raise awareness about scams and exploitation and preventing victimization. For example, the SDTX conducted a podcast in conjunction with AARP and FBI in Spanish for elderly citizens in our communities. Additional Podcasts are planned this year.

DOJ also highlighted three other efforts: expansion of the Transnational Elder Fraud Task Force, success in returning money to victims and efforts to combat grandparent scams. 

DOJ announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate DOJ’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.

In the past year, DOJ has notified over 550,000 people that they may be eligible for remission payments. Notifications were made to consumers whose information was sold by one of three data companies DOJ prosecuted and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, DOJ has identified and contacted over 300,000 consumers who may be eligible for remission. Since March 2020, more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.

Over the past year, DOJ also pursued cases against the perpetrators of “grandparent scams,” AKA “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told their family member is in jeopardy and is urgently in need of money.

When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams as “heartbreakingly evil.” DOJ is also working with government partners and others to raise awareness about these schemes.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 or 833-372-8311. The Office for Victims of Crime manages the DOJ hotline. Experienced professionals provide personalized support to callers by assessing the needs of the victim and identifying next steps.

Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6 a.m. to 11 p.m. ET. English, Spanish and other languages are available. More information about DOJ’s elder justice efforts can be found on the Department’s Elder Justice website.

Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

McALLEN, Texas – A 35-year-old non-U.S. citizen illegally residing in Palmview has been ordered to federal prison for obtaining child pornography and being unlawfully present in the United States, announced U.S. Attorney Jennifer B. Lowery.

Jose Ricardo Zamora-Ibarra pleaded guilty Dec. 14, 2021.

Today, U.S. District Judge Randy Crane ordered Zamora-Ibarra to serve a total of 180 months in federal prison. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment. Zamora-Ibarra was further ordered to pay $15,000 in restitution to known victims and must register as a sex offender.

At the time of his plea, Zamora-Ibarra admitted to downloading over 250 files of child pornography utilizing a peer-to-peer platform.

During the course of the investigation, authorities recovered Zamora-Ibarra’s laptop computer and an external hard drive. A forensic examination of the files determined the videos and images depicted prepubescent children engaged in sexually-explicit conduct. Zamora-Ibarra saved the child pornography onto his devices into created files named “preteen boy sex” and “preteen girl sex.”

Zamora-Ibarra was previously convicted of sexual assault of a child and subsequently removed from the United States. He then illegally re-entered the country without authorization.  

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

Homeland Security Investigations conducted the investigation with the assistance of the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  

Assistant U.S. Attorney Devin V. Walker 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 39-year-old Richmond resident has been charged with fraudulently obtaining nearly $600,000 in financial aid funds at several Texas colleges and universities, announced U.S. Attorney Jennifer Lowery.

Emmanuel Finnih is expected to make his initial appearance before U.S. Magistrate Judge Yvonne Y. Ho at 2 p.m. today.   

A federal grand jury returned the seven-count indictment Sept. 28. He was taken into custody Sept. 30.  

Beginning in or about 2017 through to present, Finnih allegedly aided and abetted or was aided and abetted by others in submitting false applications for financial aid. The charges allege he unlawfully obtained financial aid funds for over 30 alleged students at eight colleges and universities in Texas. 

Finnih used the personal identifiers of other individuals to prepare, submit and sign false and fraudulent financial aid applications and master promissory notes in their names, according to the indictment. Finnih allegedly utilized mailing addresses, telephone numbers and email accounts he controlled to ensure that the Department of Education and colleges would send any communications directly to him. The indictment alleges he then obtained the financial aid refunds via electronic transfer, check and prepaid debit cards sent either to mailing addresses or bank accounts he had designated.

The charges further allege that Finnih aided and abetted or was aided and abetted by others in the aggravated identity theft of two alleged students. According to the indictment, he or others were also fraudulently in possession of identity documents - temporary driver permits or identification cards - with the intent to unlawfully use or transfer those documents. 

Federal financial aid funds are intended to be used for educational purposes. However, the charges allege Finnih received the funds for his personal benefit.

The actual loss to the United States is alleged to be over $595,000. 

The indictment includes one count each of theft of government funds, student financial aid fraud and unlawful use or transfer of identity documents along with four counts of aggravated identity theft.

If convicted of theft of government funds, Finnih faces up to 10 years in federal prison, while the student financial aid fraud and unlawful use or transfer identity documents each carry a possible five-year prison term. In addition, each of the aggravated identity theft counts carries a sentence of two years which must be served consecutively to any other sentence imposed.

The Department of Education - Office of Inspector General conducted the investigation with assistance from the Lone Star College Police Department and U.S. Marshals Service. Assistant U.S. Attorneys Shirin Hakimzadeh and Charles J. Escher are prosecuting the case. 

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

HOUSTON - ­­The U.S. Department of Justice, together with numerous law enforcement partners, met today at Jack Yates High School in Houston to announce a new initiative that will surge law enforcement tools and resources to target gangs who are terrorizing communities in Houston.

“This new violent crime initiative, led by the Criminal Division’s Organized Crime and Gang Section (OCGS), will surge the tools and resources we use to investigate and prosecute violent crime nationally and apply those tools to gangs who are terrorizing communities here in Houston,” said Assistant Attorney General Kenneth A. Polite  Jr., of the Justice Department’s Criminal Division.

The new initiative will include federal prosecutors from OCGS, our nation’s foremost experts in charging federal racketeering (RICO) prosecutions, as well as dedicated investigative agents, analysts and forensic experts from the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Marshals Service, Houston Police Department (HPD) and the Harris County Sherriff’s Office (HCSO).

“Together we will employ a data-driven approach to strategically identify and prosecute the worst of the worst criminals and gang members who are responsible for a disproportionate amount of violent crime in underserved communities in Houston,” said Assistant Attorney General Polite.

The initiative will also include efforts to invest in prevention, intervention and reentry. Today the Justice Department’s Office of Justice Programs announced grant awards totaling $100 million to help communities across the U.S. reduce gun crime and other serious violence. Included in that announcement is a $2 million award to Harris County in Houston to provide funding to community and hospital-based violence interruption programs.

“If we work together to battle the problem, we can make a difference,” said U.S. Attorney Jennifer Lowery of the Southern District of Texas. “This is our community, too, and we want to do all we can to make sure everyone feels safe here in Houston.

As part of the announcement, Assistant Attorney General Polite and U.S. Attorney Lowery met with Yates students to hear directly from them about the violence and gang activity in their neighborhoods. They also met with various community and faith-based leaders and business owners in the Third Ward.

Joining Assistant Attorney General Polite and U.S. Attorney Lowery in the press conference today were Chief Troy Skinner of the HPD; Special Agent in Charge James Smith, FBI Houston Field Office; Special Agent in Charge Fred Milanowski, ATF Houston, Sheriff Ed Gonzalez, HCSO, and Associate Deputy Director Cornelia Sigworth, of the Justice Department’s Office of Justice Programs.   

OCGS is leading the new violent crime initiative in coordination with the U.S. Attorney’s Office for the Southern District of Texas and will include dedicated investigative agents, analysts and forensic experts from the FBI, ATF, U.S. Marshals Service, HPD, HCSO as well as many other federal, state and local law enforcement agencies.  

HOUSTON – The U.S. Department of Justice, together with numerous law enforcement partners, met today at Jack Yates High School in Houston to announce a new initiative that will surge law enforcement tools and resources to target gangs who are terrorizing communities in Houston.

“This new violent crime initiative, led by the Criminal Division’s Organized Crime and Gang Section (OCGS), will surge the tools and resources we use to investigate and prosecute violent crime nationally and apply those tools to gangs who are terrorizing communities here in Houston,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.

The new initiative will include federal prosecutors from OCGS, our nation’s foremost experts in charging federal racketeering (RICO) prosecutions, as well as dedicated investigative agents, analysts and forensic experts from the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Marshals Service, Houston Police Department (HPD), and the Harris County Sherriff’s Office (HCSO).

“Together we will employ a data-driven approach to strategically identify and prosecute the worst of the worst criminals and gang members who are responsible for a disproportionate amount of violent crime in underserved communities in Houston,” said Assistant Attorney General Polite.

The initiative will also include efforts to invest in prevention, intervention and reentry. Today the Justice Department’s Office of Justice Programs announced grant awards totaling $100 million to help communities across the U.S. reduce gun crime and other serious violence. Included in that announcement is a $2 million award to Harris County in Houston to provide funding to community and hospital-based violence interruption programs.

“If we work together to battle the problem, we can make a difference,” said U.S. Attorney Jennifer Lowery of the Southern District of Texas. "This is our community, too, and we want to do all we can to make sure everyone feels safe here in Houston.”

As part of the announcement, Assistant Attorney General Polite and U.S. Attorney Lowery met with Yates students to hear directly from them about the violence and gang activity in their neighborhoods. They also met with various community and faith-based leaders and business owners in the Third Ward.

Joining Assistant Attorney General Polite and U.S. Attorney Lowery in the press conference today were Chief Troy Skinner of the HPD; Special Agent in Charge James Smith, FBI Houston Field Office; Special Agent in Charge Fred Milanowski, ATF Houston; Sheriff Ed Gonzalez, HCSO; and Associate Deputy Director Cornelia Sigworth of the Justice Department’s Office of Justice Programs.   

OCGS is leading the new violent crime initiative in coordination with the U.S. Attorney’s Office for the Southern District of Texas and will include dedicated investigative agents, analysts and forensic experts from the FBI, ATF, U.S. Marshals Service, HPD, HCSO as well as many other federal, state, and local law enforcement agencies. 

LAREDO, Texas – A 25-year-old U.S. citizen residing in Mexico has pleaded guilty to trafficking handguns into Mexico under the Stop Illegal Trafficking in Firearms Act, announced U.S. Attorney Jennifer B. Lowery.

Said Isaac Hernandez admitted to one count  of trafficking firearms and is the first person believed to be convicted under the new law.

The Stop Illegal Trafficking in Firearms Act is part of the broader Safer Communities Act, passed June 25.

On July 11, authorities apprehended Hernandez while he was traveling south on U.S. Interstate 35 towards the port of entry in Laredo. At the time of his arrest, they discovered 17 firearms hidden in his car.

Hernandez had been the subject of an investigation related to the purchasing of a large number of firearms and transporting them to Mexico. Between Jan. 21, 2020, and July 11, Hernandez purchased a total of 231 handguns in calibers of 9mm, .380 and .22. 

U.S. District Judge Marina Garcia Marmolejo accepted the plea and will set sentencing at a later date. At that time, Hernandez faces up to 15 years in federal prison. He has been and will remain in custody pending that hearing.

The Bureau of Alcohol Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Michael Makens is prosecuting the case.

LAREDO, Texas – Two men have been ordered to federal prison following their convictions of kidnapping and holding four victims for ransom, announced U.S. Attorney Jennifer B. Lowery.   

Jesus Ochoa, 27, Laredo, pleaded guilty March 2, while Luis Armando Garcia, 29, a Mexican citizen illegally residing in Laredo, pleaded guilty Feb. 28.

Today, U.S. District Judge Diana Saldana imposed a 186-month-term of imprisonment for Ochoa, while Garcia received 192 months. Garcia is expected to face removal proceedings following his sentence. At the hearing, the court heard from four victims who described what the two men put them through and the psychological impact the kidnapping had on them. In handing down the prison terms, Judge Saldana noted the violent nature of the offense and the defendants’ general lack of respect for the lives of others.

On Nov. 19, 2020, Ochoa and Garcia encountered four individuals who crossed the Rio Grande in Laredo and offered them a ride to San Antonio in exchange for payment.

They traveled to Garcia’s residence in Laredo, but actually told the group they were in San Antonio. They then forced all four individuals to call their family members and ask them to send $4,000 each for their release.

They held the group hostage at the residence for three days. During that time, they threatened each person with a firearm and repeatedly forced them to record videos and voice messages, make video calls, send text messages and call family members to beg for ransom money. On several occasions, Ochoa and Garcia directly spoke to the family members and told them if payment was not made, something would happen to the hostages. 

Ultimately, family members contacted authorities who were able to obtain the general location from where the phone calls originated.

After noticing law enforcement, Ochoa and Garcia loaded the group back into a vehicle and transported them to an industrial park in Laredo. They dropped off the group and said they would return at a later time.

The victims were able to borrow a phone from a nearby truck driver and called for help. Authorities found all four individuals and transported them to safety.

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

Homeland Security Investigations and the Laredo Police Department conducted the investigation. Assistant U.S. Attorney Michael Makens prosecuted the case.

CORPUS CHRISTI, Texas - A 55-year-old Corpus Christi resident has pleaded guilty to conspiring to possess with intent to distribute meth, announced U.S. Attorney Jennifer B. Lowery.

As part of his plea, Antonio Montes admitted to being involved in a conspiracy to distribute meth which spanned from March 1 to Oct. 22, 2021. He had agreed to receive packages of meth shipped from Arizona and would receive approximately $200 per box he accepted. 

The investigation began in September 2021. At that time, law enforcement had discovered Montes was receiving parcels containing meth from Phoenix, Arizona, to then be distributed in the Corpus Christi area.

On Oct. 21, 2021, authorities executed a search warrant at a co-conspirator’s residence. There, they found a box containing meth residue. The address written on that box was traced to the residence of Montes which had been delivered there Oct. 5, 2021.

Law enforcement later learned that UPS delivered three packages to Montes. Each contained five pounds of meth and hydroponic marijuana. The delivery service had left the packages on the porch.

U.S. District Judge David S. Morales will impose sentencing on Dec. 21. At that time, Montes faces up to life in prison and a possible $10 million maximum fine.

He was permitted to remain on bond pending that hearing.

Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney J. Parker Gochenour is prosecuting the case.

HOUSTON – A 42-year-old man residing in Houston has been ordered to federal prison following his conviction of conspiracy to distribute cocaine as a Darknet vendor, announced U.S. Attorney Jennifer B. Lowery.

Dennis Escobar aka Choppa pleaded guilty Dec. 22, 2021, to engaging in a conspiracy to distribute more than five kilograms of cocaine.

Today, U.S. District Judge Sim Lake ordered Escobar to serve 150 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, Judge Lake noted Escobar’s criminal history and his role in the offense.

Escobar and others engaged in a large-scale conspiracy to distribute various narcotics including cocaine via Darknet marketplaces. Escobar and co-conspirators also used the U.S. Postal Service to send narcotics to buyers who paid the group using cryptocurrency.   

The investigation was the result of a law enforcement effort to identify individuals in the Houston area selling and distributing narcotics via DarkNet marketplaces.   

The U.S. Postal Inspection Service and Food and Drug Administration conducted the investigation with assistance of the Drug Enforcement Administration and Houston Police Department.

The plea is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Be That Guy. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States. It uses 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. Attorney Jason Corley prosecuted the case.

McALLEN, Texas – A federal jury has convicted a 35-year-old U.S. citizen residing in Monterrey, Mexico, for his part in smuggling two kilograms of cocaine and six kilograms of meth, announced U.S. Attorney Jennifer B. Lowery.

They deliberated for approximately 45 minutes following a four-day trial before returning a guilty verdict against Nestor Alan Garcia on all six counts as charged.

According to the testimony, Garcia attempted to enter the Hidalgo Port of Entry in a taxi on May 13. 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.  

Sentencing has been set for Dec. 8 before U.S. District Judge Randy Crane. Garcia faces a mandatory minimum of 10 years and up to life in federal prison and a possible $10 million maximum fine.  

He has been and will remain in custody pending sentencing.

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.

BROWNSVILLE, Texas – A 30-year-old Brownsville man has been sent to federal prison following his conviction of transporting undocumented aliens within the United States for private financial gain, announced U.S. Attorney Jennifer B. Lowery.

Manuel Hernandez Jr. pleaded guilty April 13.

Today, U.S. District Judge Rolando Olvera ordered Hernandez to serve 57 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard how surveillance video caught Hernandez racing past Garden Park Elementary at 96 mph in a red Chevy Tahoe just 30 minutes before school release.

Seconds later, additional surveillance video shows Hernandez crashing into another vehicle while Hernandez was seen fleeing on foot. The court heard additional testimony regarding the life threatening injuries the other driver sustained - a punctured lung, a damaged vocal cord, severe head trauma, four broken ribs, a broken clavicle, a broken scapula and broken teeth. The government also presented evidence detailing three separate occasions Hernandez admitted to smuggling illegal aliens. In handing down the sentence, the court noted Hernandez will be responsible for paying restitution.

The investigation began after law enforcement saw several individuals circumventing a port of entry and entering a nearby Chevrolet Tahoe. Hernandez was driving the vehicle when it departed from the area at nearly 100 m.p.h.

Hernandez was captured on surveillance video racing past an elementary school and crashing into another vehicle which resulted in the hospitalization of six people. He fled from the scene, but authorities later located him and took him into custody.

Hernandez has been and 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 Brownsville Police Department conducted the investigation. Assistant U.S. Attorney Megan Eyes prosecuted the case.

HOUSTON – A 56-year-old Prairie View woman has been indicted on charges of embezzlement from elderly customers, announced U.S. Attorney Jennifer B. Lowery.

Gloria Jean Hall She is expected to make her initial appearance before U.S. Magistrate Judge Christina Bryan at 2 pm.

A federal grand jury returned the four-count indictment Sept. 15.

The charges allege Hall was the manager at Prairie View Federal Credit Union from February 2000 to August 2020. Beginning in 2010, she allegedly embezzled approximately $211,563 from elderly account holder funds. She created loans totaling nearly $791,000, withdrew the loans and cashed $76,772 in numerous unauthorized checks from accounts at the credit union for her own personal use and benefit, according to the indictment.

Hall allegedly fraudulently formed 58 nominee loans by creating fake share loans in the names of relatives and friends. She transferred money across the loans to make payments among them, according to the charges. She also allegedly created fake monthly loan statements and moved funds mainly from elderly credit union members into the accounts of her relatives and friends.

Hall is charged with three counts of embezzlement by a credit union employee and one count of making false entries in the financial records of the credit union. 

If convicted, Hall faces up to 30 years in prison and a possible $1 million maximum fine.

The credit union existed for approximately 85 years. It was one of the oldest continually operational federal credit unions established by a historically black college and university in the United States until its failure and merger with the Cy-Fair Federal Credit Union in early 2022.

The FBI – Bryan Resident Agency conducted the investigation. Assistant U.S. Attorney Quincy L. Ollison 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.

LAREDO, Texas – Five members of a drug trafficking organization have received significant sentences their convictions of conspiracy to possess with intent to distribute meth and heroin, announced U.S. Attorney Jennifer B. Lowery.

Felipe De Jesus Garcia, 31, Laredo, pleaded guilty Feb. 3, while Manuel Orozco-Ambriz, 48, also of Laredo, and Mexican national Erick Cuellar-Rodriguez, 31, each pleaded guilty Sept. 9, 2021. Cesar Juarez-Romero, 24, and Jose De Jesus Morales, 37, both Mexican nationals with no legal presence in the United States, pleaded guilty Oct. 4 and Dec. 10, 2021, respectively.

Today, U.S. District Judge Diana Saldana imposed a 360-month term imprisonment for Orozco-Ambriz for the drug trafficking conviction as well as another 24 months for violating the terms of his supervised releases for a prior conviction. The sentences will be served concurrently for a total 30-year-prison term. The court ordered Cuellar-Rodriguez to serve 210 months in prison, while De Jesus Garcia and Juarez-Romero received 51 and 108 months in prison, respectively. Judge Saldana will sentence De Jesus Morales at a later date.

In handing down the sentences, the court noted the significant quantity of illegal drugs coming across the border and acknowledged the significant threat to the public and the court’s role in deterring others who would engage in similar conduct.   

In 2018, law enforcement initiated an investigation into a drug distribution network that was responsible for transporting narcotics concealed within car batteries from Mexico into the United States.

Orozco-Ambriz and Cuellar-Rodriguez coordinated the transportation and delivery of multiple car batteries containing meth across the border into Laredo. Law enforcement had identified Juarez-Romero, De Jesus Morales and De Jesus Garcia as they delivered the drug laden items.

As a result of the investigation, authorities seized approximately 44 kilograms of pure meth and one kilogram of heroin. 

The Drug Enforcement Administration and Customs and Border Protection conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) investigation dubbed Operation Fox Hound with the assistance of the Texas Department of Public Safety, the Webb County Sheriff’s Office, and La Salle County Sheriff’s Office. 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. Attorney Lance Watt prosecuted the case.

HOUSTON – A 47-year-old Colorado man has admitted to threatening a woman with releasing sexually-explicit images unless she moved with him across the country, announced U.S. Attorney Jennifer B. Lowery.

Moses Cano pleaded guilty to one count of stalking.

Cano and the victim dated for a brief amount of time. At the end of that relationship, Cano made threats to her if she did not agree to come to Colorado with him. The victim refused. In retaliation, he then sent sexually-explicit images of the victim to her place of employment and several of her friends.

As part of his plea, he admitted he took over her Facebook account and used it to send the images and other messages to her contacts. He also posted a sexually-explicit video of the victim to a well-known adult pornography site.

In distress, the victim contacted authorities.

Sentencing has been set for Nov. 30. At that time, Cano faces up to five years in federal prison and a $250,000 maximum possible fine. He has been and will remain in custody pending that hearing.

The FBI conducted the investigation with the assistance of Matagorda County Sheriff’s Office. Assistant U.S. Attorney Sherri L. Zack is prosecuting the case.

HOUSTON – A federal jury sitting in Houston has convicted a 61-year-old Dallas man for money laundering, conspiracy to commit and committing wire fraud, announced U.S. Attorney Jennifer B. Lowery.

The jury deliberated for half a day before convicting Clarence Roland III on all charges following a eight-day trial.

In 2009, Roland began working with co-conspirator Arlando Jacobs, 57, Oakland, California, in a deed fraud scheme to cancel and challenge mortgage loans held in the name of Jacobs or others. During this time, Roland frequently used the alias Joshua Stein, while Jacobs used Caleb Wright or Dexter Ponzey.

According to testimony, they solicited and received the help of other co-conspirators to establish over 11 business entities or shell companies and office spaces with mailing addresses in Houston, The Woodlands and Katy to carry out the scheme.

The jury heard that Roland and co-conspirators fraudulently acquired real property by manipulating and filing fraudulent deeds and other documents. Roland sold the properties and received profits from the sales. The original mortgage liens were not paid off and the mortgage holders were ultimately defrauded. Some title insurance companies were forced to pay buyer claims who had acquired the title when purchasing the real property Roland sold to them.

The co-conspirators fabricated a series of documents to falsely create the appearance of transferred ownership of real property to the shell companies. In order to do so, they signed documents claiming to represent one of the many entities in the transactions. The same names were used as signors on many documents and purported to represent different entities. They were also fraudulently notarized by using fake notary stamps.

The defense attempted to convince the jury the law allowed him to file fraudulent documents in the real property records to transfer title of houses on which there were mortgages so he could then sell them free of those mortgages. They did not believe those claims and found Roland guilty as charged.

Jacobs pleaded guilty in advance of trial in an unrelated fraud case in the Northern District of Texas and was sentenced to 51 months in prison and ordered to pay restitution of $7.6 million.

U.S. District Judge Lee H. Rosenthal presided over the trial and set sentencing for Jan. 25, 2023. At that time, Roland faces up to 30 years for conspiracy to commit wire fraud affecting a financial institution and 20 years for wire fraud. They also carry potential fines of up to $1 million. For money laundering, he faces another 10 years as well as a fine of $250,000.

Previously released on bond, Roland was taken into custody following the conviction today where he will remain pending sentencing.

The FBI, Federal Housing Finance Agency - Office of Inspector General (OIG) and Housing and Urban Development - OIG conducted the investigation. Assistant U.S. Attorneys John Braddock and John Wakefield are prosecuting the case.

GALVESTON, Texas – A 53-year-old local man has been ordered to prison following his conviction of receiving and possessing child pornography, announced U.S. Attorney Jennifer B. Lowery.

Cedric Robert Cox pleaded guilty July 21, 2021.

Today, U.S. District Judge Jeffery Brown sentenced Cox to 84 months for each of the receiving and possessing convictions, respectively. They will run concurrently for a total 84-month term of imprisonment. Cox was further ordered to pay $9,000 in restitution to known victims 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. Cox will also be ordered to register as a sex offender. 

In 2016, authorities discovered Cox using peer-to-peer file sharing software to obtain child pornography images and videos. They executed a search warrant at his residence and seized numerous devices. Further examination revealed the devices contained 32 images and 62 videos containing child pornography as well as search terms indicative of a sexual interest in children. Some of the videos depict a pre-pubescent minor female with her genitals exposed and engaging in various sex acts. 

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

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

Assistant U.S. Attorney Sherri L. 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 link on that page.

LAREDO, Texas – Two former soldiers stationed at Fort Hood have been ordered to federal prison for conspiring to transport undocumented aliens within the United States, announced U.S. Attorney Jennifer B. Lowery.

Emmanuel Oppongagyare, 22, pleaded guilty Aug. 11, 2021, while Ralph Gregory Saint-Joie, 19, pleaded guilty the following day.

Today, U.S. District Judge Diana Saldaña imposed a 21-month-term of imprisonment for Oppongagyare, while Saint-Joie received 13 months. Both must also serve three years of supervised release following their sentences. At the hearing, the court heard additional testimony from both men. Oppongagyare remarked that, “On June 13, I made one of the worst mistakes of my life,” while Saint-Joie stated he was ashamed of what he did. In handing down the prison terms, Judge Saldaña commented, “you made a horrible mistake and you’re going to get punished for it. You’re going to go to prison,” and that the defendants were “really vested in trying to make this successful.”

Saint-Joie has been identified as an active duty member of the U.S. Army while Oppongagyare is from the Pennsylvania National Guard. At the time of arrest, each noted they were stationed at Fort Hood.

On June 13, 2021, Oppongagyare and Saint-Joie attempted to go through the Border Patrol (BP) Checkpoint in Hebbronville wearing their army-issued uniforms. Upon inspection, authorities discovered two individuals hidden in the trunk who were determined to be in the country illegally. Authorities promptly took them and the soldiers into custody. At the time of arrest, both Oppongagyare and Saint-Joie were wearing their Army-issued uniforms.

At the time of his plea, Oppongagyare admitted a person he met through Saint-Joie recruited him to pick up the aliens from McAllen and drive them to San Antonio. They expected to be paid once they arrived the destination but did not know the exact amount.

The two Mexican nationals hidden in the vehicle admitted to paying Oppongagyare and Saint-Joie a fee in exchange for passage into the United States. They also identified Oppongagyare and Saint-Joie as the driver and the passenger, respectively, of that vehicle.

The investigation determined Isaiah Gore had hired them and instructed them to wear their uniforms to possibly avoid questioning. Authorities also identified Denerio Williams and Ivory Palmer as being involved in human smuggling. Gore, Williams and Palmer were also indicted, pleaded guilty and later sentenced before U.S. District Judge Marina Garcia Marmolejo.

Both Oppongagyare and Saint-Joie were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

Homeland Security Investigations and Department of the Army – Criminal Investigations Division conducted the investigation with the assistance of BP conducted the investigation. Assistant U.S. Attorneys Brian Bajew and Mark Hicks prosecuted the case.