Southern District of Texas
Press releases recorded for this federal judicial district.
Cuban National Sent to Prison for Role in $200k Credit Card Fraud SchemeRead the Press Release
McALLEN, Texas – A Cuban citizen who was residing in McAllen has been ordered to federal prison for trafficking in access devices, announced U.S. Attorney Kenneth Magidson. Alexis Acosta-Guzman, 40, pleaded guilty Nov. 3, 2015.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, handed Acosta-Guzman a 100-month sentence. He was further ordered to pay restitution in the amount of $211,311.15 to five financial institutions that absorbed the loss of more than 1,000 victims. In handing down the sentence, Judge Alvarez noted that the defendant had prior similar criminal conduct. Not a U.S. citizen, he is expected to face deportation proceedings following his release from prison.
From March 2013 through August 2015, Acosta-Guzman wired thousands of dollars in funds to individuals in China, Russia and the Ukraine. In return, he received more than 1,000 credit card numbers and other personal information that had been stolen from individuals in the United States. Acosta-Guzman transferred that information to others using various email accounts.
He and co-conspirators would then use special devices and the stolen information to create physical credit cards. They used the fraudulent credit cards to make purchases throughout Texas at different retailers and convenience stores.
As a result of the scheme, hundreds of people lost more than $211,000 for the fraudulent charges.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by the Secret Service, FBI and the McAllen Police Department. Assistant U.S. Attorneys David A. Lindenmuth and Joseph T. Leonard prosecuted the case.
Corpus Christi Man Charged for Transferring Obscene Material to a MinorRead the Press Release
CORPUS CHRISTI, Texas – Brandon Guthrie, 32, of Corpus Christi, has been charged in a criminal complaint for transferring obscene material to a minor, announced U.S. Attorney Kenneth Magidson.
According to the federal criminal complaint filed this afternoon, Guthrie met a 14-year-old female at a movie theater in Corpus Christi and allegedly began communicating with the minor via a messaging application. The minor’s parents discovered the communications and contacted the Corpus Christi Police Department. An undercover officer assumed control of the minor’s messaging account and continued to communicate with Guthrie. Guthrie allegedly sent the undercover officer several videos of himself engaging in sexual explicit conduct.
Guthrie is in custody and expected to make his initial appearance before U.S. Magistrate Judge Jason Libby tomorrow at 2:00 p.m.
If convicted, he faces up to 10 years in federal prison as well as a possible $250,000 fine.
The charges are the result of the investigative efforts of the FBI and Corpus Christi Police Department—Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Another Sex Trafficker ConvictedRead the Press Release
HOUSTON – A 45-year-old Honduran woman has been convicted of conspiracy to commit sex trafficking, announced U.S. Attorney Kenneth Magidson.
Maria E. Gonzales Munoz aka “Merci,” 45, co-owned numerous brothels, including Cocodrillos, that posed as bars in and around the Houston area which facilitated commercial sex.
The undercover operation revealed that Munoz offered a female to as a prostitute at Cocodrillos. Even though the young female reported to be underage and had illegally entered the United States, Munoz still said she could work at Cocodrillos and even offered to provide living arrangements at her residence. Gonzales also informed the female that she could help her appear older through use of make-up and help her obtain a fraudulent identification card.
Gonzales will remain in custody pending sentencing, set for April 7, 2016, before U.S. District Judge Nancy Atlas. At that time, she faces up to life in prison.
The investigation leading to the filing of criminal charges was the result of an investigation conducted by members of the Human Trafficking Rescue Alliance (HTRA) in Houston, which includes the FBI, Harris County Sheriff’s Office, Immigration and Customs-Enforcement - Homeland Security Investigations, Texas Alcoholic and Beverage Commission, Department of State, Texas Department of Public Safety and the Houston Police Department.
Assistant United States Attorney Ruben R. Perez is prosecuting the case.
Alabama Man Heads to Prison for Importing MethamphetamineRead the Press Release
McALLEN, Texas – A 42-year-old man from Boaz, Alabama, has been ordered to federal prison following his conviction of importing and possessing with intent to distribute approximately 16 kilograms of methamphetamine, announced United States Attorney Kenneth Magidson. A federal jury sitting in McAllen convicted James Marcus Malone on all four counts as charged following two days of testimony and less than two hours of deliberation on Sept 10, 2015.
Today, U.S. District Judge Micaela Alvarez, who presided over the trial, handed Malone a total sentence of 320 months in federal prison to be immediately followed by 10 years of supervised release. During the hearing, the court considered the defendant’s lengthy criminal history, which included several prior drug convictions, and noted that the sentence was appropriate to promote respect for the law and to deter future criminal conduct of the defendant.
During trial, the jury heard that on March 20, 2015, Malone entered the U.S. at the Hidalgo, Texas Port of Entry, driving a Chevrolet Tahoe with Alabama license plates. Authorities soon determined he was linked to another vehicle and individual which subsequently arrived at the same Port of Entry just a few minutes later. The second vehicle, a Dodge Ram pickup truck, was driven by a man who presented an Alabama driver’s license. At the primary inspection area, a Customs and Border Protection (CBP) officer made initial contact with Malone and noticed he appeared nervous and incoherent when responding to questions regarding the purpose of his trip into Mexico. The officer then referred Malone to secondary inspection.
There, Malone denied knowing the other individual in the Dodge Ram pickup who was also from Alabama.
During a subsequent search of the Dodge Ram, CBP officers discovered approximately 16 kilograms of methamphetamine concealed within the muffler.
The jury also heard that Malone eventually admitted, during a post-Miranda interview, to knowing the other man from Alabama but claimed he was only dropping him off in Mexico to visit a recently deported girlfriend. Malone further stated during that interview that he assumed his travel companion was transporting narcotics, but that he forced himself to believe the story concerning the girlfriend and did not want full details.
However, the government presented evidence showing that Malone drove a group of conspirators from Alabama all the way to Reynosa for the purpose of picking up the Dodge Ram which was loaded with the narcotics. There was also evidence to suggest Malone, along with other conspirators, fabricated the story regarding the recently deported girlfriend in an attempt to ward off attention from law enforcement at the Port of Entry. A Homeland Security Investigations (HSI) agent testified and phone records proved Malone was in constant communications with a conspirator waiting for the load of narcotics to arrive in the Houston area prior to continuing back to Alabama.
Malone will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to charges was conducted by CBP and HSI. Assistant U.S. Attorneys Alex Benavides and Michael Day are prosecuting the case.Sex Trafficking Ring Leader Gets Life in Federal PrisonRead the Press Release
HOUSTON – The 68-year-old woman behind a 14-defendant sex trafficking ring operating in Houston has been ordered to federal prison for life, announced U.S. Attorney Kenneth Magidson along with FBI Special Agent in Charge Perrye K. Turner, Special Agent in Charge Brian Moskowitz of Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI), and Special Agent in Charge Richard Goss of IRS-Criminal Investigation (CI).
A federal jury convicted Hortencia Medeles-Arguello aka Raquel Medeles Garcia, Raquel Medeles Garcia or “Tencha,” April 24, 2015, following a 10-day trial and approximately four hours of deliberations. She was convicted on all counts - conspiracy to commit sex trafficking, conspiracy to harbor aliens, aiding and abetting to commit money laundering and conspiracy to commit money laundering.
This landmark sex trafficking case is one of the most significant in scope and magnitude to be tried to a verdict of guilty on all counts, and one of the few in which as many as 12 victims of an international sex trafficking scheme came forward to testify at trial. Twelve victims rescued in connection with this case testified at trial regarding the horrors of their ordeals, beginning with being recruited in their home countries, only to be forced into prostitution against their will in the United States. Some victims were as young as 14 when the traffickers recruited them, using fraud and false pretenses to lure them into the traffickers’ control.
“The importance of this case cannot be underscored,” said Magidson. “These were human beings – women and children – who were treated as a commodity. They came from their home countries hoping for a better life, only to be enslaved and forced into unspeakable acts. This is a local, national and international issue, but also a humanitarian issue. We will continue to take action against these egregious offenders and seek to obtain the stiffest penalties in order to send a clear message that human trafficking will not be tolerated in this district.”
Today, U.S. District Judge David Hittner, who presided over the trial, handed Tencha a sentence of life in federal prison. At the hearing, additional testimony from six of the victims was also presented. They asked the judge to punish the defendant for the impact she had on their lives.
In addition, 15 real properties and other assets for a value of about $2.5 million will be forfeited to the United States having been found to have been purchased with sex trafficking proceeds. The funds will be used to make restitution to the victims of this horrible crime.
“Let this sentence send a message that lives are not to be bought and sold,” said Turner. “The Human Trafficking Rescue Alliance (HTRA) seeks to rescue those forced into this modern day slavery and hold accountable those who wish to profit from the abuse of others. If you have information about human trafficking, we urge you to contact the National Human Trafficking Hotline at 1-888-373-7888.“
“Investigations and the subsequent criminal prosecution like this one highlight the significant collective and collaborative efforts of law enforcement agencies in greater Houston that are involved in the fight against human trafficking,” said Moskowitz. “This should also serve as a warning to all individuals and criminal groups involved in the trafficking of minors and women that we are determined to expend the resources necessary to investigate and prosecute to the full extent of the law all that are involved in this heinous crime.”
Testimony revealed that pimps recruited the young girls by convincing them they were in love, making threats to their families as well as threatening the girls themselves. Testimony revealed Tencha knew that many of the girls prostituted at her establishment were either underage or victims of the beatings by their pimps.
On the first full day of trial, the jury heard from one of the victims in the case. She detailed the horrific conditions she faced at the hands of the defendant and others, to include being forced into having sex at age 14 after she had come to this country in search of a better life. She described how she was forced to comply with demands at gunpoint and locked in a room. She was eventually impregnated by a “customer” and was moved to another area of the bar because she was not worth as much once she became pregnant. Following the move, she found a way to escape with the help of a customer who had befriended her.
“Today’s sentencing closes the book on a heinous criminal organization that profited from exploiting innocent women and minors in the worst possible way,” said Goss. “IRS special agents are committed to dismantling the financial infrastructure of criminal enterprises of this nature and removing any financial incentive to exploit innocents.”
Evidence at trial indicated that Tencha made more than $1.6 million in a 19-month period by supplying the upper floor of her cantina for prostitutes to ply their trade. The evidence further revealed that many of the prostitutes were either minors or forced to engage in sex acts at the defendant’s bar. The jury heard that Tencha had engaged in harboring illegal aliens, many who were forced into prostitution for more than 13 years.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
All of Tencha’s co-defendants who were in custody have pleaded guilty for their respective roles in the conspiracy. Many admitted they worked for Las Palmas II, a cantina located in Houston. They all knew the cantina concealed, harbored and shielded illegal aliens who worked there from detection by law enforcement and that the owners were profiting from such concealment. As part of their employment, they aided in the operation of the business and their conduct substantially facilitated the concealment, harboring and shielding of the employees and patrons of the Las Palmas II, whom they all knew were illegally in the U.S. Other co-defendants pleaded guilty to helping Tencha keep track of the monies she made, including investing it in properties she purchased in the Houston area.
Abel Medeles aka Chito, 67, Tencha’s brother, operated the Las Palmas II parking lot. It was part of his job to notify his co-conspirators inside the cantina of any law enforcement presence he observed in order for his co-conspirators to be able to conceal from law enforcement the illegal activities in the Las Palmas II. Similarly, on at least one occasion, Odelia Hernandez, 47, Tencha’s sister, told co-conspirators to lock the doors when she realized law enforcement was coming. Medeles was sentenced to 55 months and ordered to pay a $2,000 fine, while Hernandez received a sentence of 66 months and must pay a $1500 fine.
Eduardo Guzman Gonzales aka Miguel Rojas or El Pantera, 33, and Alberto Mendez Flores aka Ardilla, 27, managed the cantina. They paid Tencha $20,000 each week out of the money received from the operation of the Las Palmas II and kept all the monies received in excess of that amount. Both men received sentences of 88 months in federal prison.
Jose L. Uraga aka Wicho, 36, provided false/fraudulent identifications to employees, to include females working at Las Palmas II, and was sentenced to 28 months. Jorge Antonio Teloxa-Barbosa aka Eli, 31, testified at trial to his part in the conspiracy. He also managed the cantina with Guzman and Mendez and paid Tencha $20,000 each week out of the money received from the operation of Las Palmas II, keeping all the monies received in excess of that amount. He received a sentence of 37 months.
Graciela Medeles Ochoa, 37, Tencha’s daughter, assisted Tencha in counting the proceeds obtained from Las Palmas II. She also negotiated cashier’s checks for her mother and sister, Delia Diaz. The money used to obtain the cashier’s checks came from the sex trafficking violations occurring at Las Palmas II. Ochoa, who also testified about her mother’s unlawful conduct, was sentenced to 18 months. Diaz, 51, received 71 months for money laundering. Another of Tencha’s daughters, Diana Medeles Garcia aka Diana Garcia Marquez, 50, testified that her mother had been running brothels since she was 13 years old. She received 21 months for aiding and abetting to harbor illegal aliens.
Guadalupe Valdez Lugo aka Lupe, 58, worked as a manager at Las Palmas II, overseeing the female workers as well as the regular employees. She also testified at trial about Tencha’s unlawful conduct and received a sentence of 25 months as well as a $5,000 fine.
Another of Tencha’s sisters, Lilia Medeles Cerda aka Lilly, 66, received a sentence of 52 months for conspiracy to harbor Illegal Aliens. Talat Crippin aka Chacho, 27, who was married to one of Tencha’s granddaughters pleaded guilty to being a lookout for Tencha’s brothel and received 41 months.
David Garcia, 46, (Techa’s son) was convicted of aiding and abetting to harbor illegal aliens and will be sentenced next month.
Another defendant - Alfonso Diaz-Juarez aka Ponco or El Grenas, a 45-year-old Mexican national - is a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the FBI at 713-693-5000. A Clear Channel Outdoor digital billboard campaign launched in December across the Greater Houston area touted an up to $50,000 reward for information leading to the location and arrest of Diaz-Juarez.
The investigation leading to the filing of criminal charges was the result of a three-year investigation conducted by members of the HTRA in Houston, which includes the FBI, ICE-HSI, Harris County Sheriff’s Office, IRS-CI, Texas Alcoholic and Beverage Commission, Department of State, Texas Department of Public Safety and the Houston Police Department.
Assistant U.S. Attorneys Ruben R. Perez and Joe Magliolo are prosecuting the case.
Mexican National Sentenced for Smuggling MunitionsRead the Press Release
BROWNSVILLE, Texas – A 27-year-old man from Mexico City has been ordered to prison following his involvement in smuggling munitions into Mexico through Brownsville, announced U.S. Attorney Kenneth Magidson. Ruben Sosa pleaded guilty Oct. 16, 2015, to smuggling munitions in violation of U.S. export control laws.
Today, U.S. District Judge Rolando Olvera ordered he serve a total of 24 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following his release from prison. At the hearing, additional evidence was presented showing communications between Sosa and other parties in Mexico negotiating the terms of agreement on an exchange for the munitions. Evidence further indicated that the munitions were smuggled into Mexico in February 2015. In handing down the sentence, Judge Olvera noted that while Sosa was a young man and had no prior criminal history, the violence in Mexico was also a consideration in the sentence.
The munitions involved in the smuggling scheme were identified by authorities as CAA Tactical Roni G2 conversion kits. The CAA Tactical Roni G2 conversion kit is an item listed on the U.S. munitions list, and as such, may not be exported without a license. The Roni G2 functions by attaching to a Glock pistol, thereby lengthening the barrel and converting the pistol into a tactical carbine. The Roni G2 also has other features including large gas ports for improved ventilation, a Picatinny rail for weapon attachments including optics and a stock for improved recoil reduction.
Sosa placed an order for 50 of these tactical conversion kits from a licensed arms dealer located just outside of Los Angeles, California, on Dec. 26, 2014. Sosa had the tactical conversion kits shipped to Brownsville, and thereafter exported into Mexico. The Defendant admitted to Judge Olvera during sentencing that he was aware he needed a license to export the munitions but did so anyway.
Sosa will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by Immigration and Customs Enforcement - Homeland Security Investigations. Assistant U.S. Attorney Jason Corley and Trial Attorney Thea Kendler of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.
Houston Sex Trafficking Ring Leader Gets Life in Federal PrisonRead the Press Release
A woman behind a 14-defendant sex trafficking ring operating in Houston has been ordered to federal prison for life, announced U.S. Attorney Kenneth Magidson for the Southern District of Texas along with Special Agent in Charge Perrye K. Turner for the FBI Houston Division, Special Agent in Charge Brian Moskowitz of Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI) and Special Agent in Charge Richard Goss of IRS-Criminal Investigation (CI).
A federal jury convicted Hortencia Medeles-Arguello aka Raquel Medeles Garcia, Raquel Medeles Garcia or Tencha, 68, on April 24, 2015, following a 10-day trial and approximately four hours of deliberations. She was convicted on all counts - conspiracy to commit sex trafficking, conspiracy to harbor aliens, aiding and abetting to commit money laundering and conspiracy to commit money laundering.
This landmark sex trafficking case is one of the most significant in scope and magnitude to be tried to a verdict of guilty on all counts and one of the few in which as many as 12 victims of an international sex trafficking scheme came forward to testify at trial. Twelve victims rescued in connection with this case testified at trial regarding the horrors of their ordeals, beginning with being recruited in their home countries, only to be forced into prostitution against their will in the United States. Some victims were as young as 14 when the traffickers recruited them, using fraud and false pretenses to lure them into the traffickers’ control.
“The importance of this case cannot be underscored,” said U.S. Attorney Magidson. “These were human beings – women and children – who were treated as a commodity. They came from their home countries hoping for a better life, only to be enslaved and forced into unspeakable acts. This is a local, national and international issue, but also a humanitarian issue. We will continue to take action against these egregious offenders and seek to obtain the stiffest penalties in order to send a clear message that human trafficking will not be tolerated in this district.”
Today, U.S. District Judge David Hittner for the Southern District of Texas, who presided over the trial, handed Tencha a sentence of life in federal prison. At the hearing, additional testimony from six of the victims was also presented. They asked the judge to punish the defendant for the impact she had on their lives.
In addition, 15 real properties and other assets for a value of about $2.5 million will be forfeited to the United States having been found to have been purchased with sex trafficking proceeds. The funds will be used to make restitution to the victims of this horrible crime.
“Let this sentence send a message that lives are not to be bought and sold,” said Special Agent in Charge Turner. “The Human Trafficking Rescue Alliance (HTRA) seeks to rescue those forced into this modern day slavery and hold accountable those who wish to profit from the abuse of others. If you have information about human trafficking, we urge you to contact the National Human Trafficking Hotline at 1-888-373-7888.”
“Investigations and the subsequent criminal prosecution like this one highlight the significant collective and collaborative efforts of law enforcement agencies in greater Houston that are involved in the fight against human trafficking,” said Special Agent in Charge Moskowitz. “This should also serve as a warning to all individuals and criminal groups involved in the trafficking of minors and women that we are determined to expend the resources necessary to investigate and prosecute to the full extent of the law all that are involved in this heinous crime.”
Testimony revealed that pimps recruited the young girls by convincing them they were in love, making threats to their families as well as threatening the girls themselves. Testimony revealed Tencha knew that many of the girls prostituted at her establishment were either underage or victims of the beatings by their pimps.
On the first full day of trial, the jury heard from one of the victims in the case. She detailed the horrific conditions she faced at the hands of the defendant and others, to include being forced into having sex at age 14 after she had come to this country in search of a better life. She described how she was forced to comply with demands at gunpoint and locked in a room. She was eventually impregnated by a “customer” and was moved to another area of the bar because she was not worth as much once she became pregnant. Following the move, she found a way to escape with the help of a customer who had befriended her.
“Today’s sentencing closes the book on a heinous criminal organization that profited from exploiting innocent women and minors in the worst possible way,” said Special Agent in Charge Goss. “IRS special agents are committed to dismantling the financial infrastructure of criminal enterprises of this nature and removing any financial incentive to exploit innocents.”
Evidence at trial indicated that Tencha made more than $1.6 million in a 19-month period by supplying the upper floor of her cantina for prostitution. The evidence further revealed that many of the prostitutes were either minors or forced to engage in sex acts at the defendant’s bar. The jury heard that Tencha had engaged in harboring illegal aliens, many who were forced into prostitution for more than 13 years.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
All of Tencha’s co-defendants who were in custody have pleaded guilty for their respective roles in the conspiracy. Many admitted they worked for Las Palmas II, a cantina located in Houston. They all knew the cantina concealed, harbored and shielded illegal aliens who worked there from detection by law enforcement and that the owners were profiting from such concealment. As part of their employment, they aided in the operation of the business and their conduct substantially facilitated the concealment, harboring and shielding of the employees and patrons of the Las Palmas II, whom they all knew were illegally in the United States. Other co-defendants pleaded guilty to helping Tencha keep track of the monies she made, including investing it in properties she purchased in the Houston area.
Abel Medeles aka Chito, 67, Tencha’s brother, operated the Las Palmas II parking lot. It was part of his job to notify his co-conspirators inside the cantina of any law enforcement presence he observed in order for his co-conspirators to be able to conceal from law enforcement the illegal activities in the Las Palmas II. Similarly, on at least one occasion, Odelia Hernandez, 47, Tencha’s sister, told co-conspirators to lock the doors when she realized law enforcement was coming. Medeles was sentenced to 55 months and ordered to pay a $2,000 fine, while Hernandez received a sentence of 66 months and must pay a $1500 fine.
Eduardo Guzman Gonzales aka Miguel Rojas or El Pantera, 33, and Alberto Mendez Flores aka Ardilla, 27, managed the cantina. They paid Tencha $20,000 each week out of the money received from the operation of the Las Palmas II and kept all the monies received in excess of that amount. Both men received sentences of 88 months in federal prison.
Jose L. Uraga aka Wicho, 36, provided false/fraudulent identifications to employees, to include females working at Las Palmas II and was sentenced to 28 months. Jorge Antonio Teloxa-Barbosa aka Eli, 31, testified at trial to his part in the conspiracy. He also managed the cantina with Guzman and Mendez and paid Tencha $20,000 each week out of the money received from the operation of Las Palmas II, keeping all the monies received in excess of that amount. He received a sentence of 37 months.
Graciela Medeles Ochoa, 37, Tencha’s daughter, assisted Tencha in counting the proceeds obtained from Las Palmas II. She also negotiated cashier’s checks for her mother and sister, Delia Diaz, 51. The money used to obtain the cashier’s checks came from the sex trafficking violations occurring at Las Palmas II. Ochoa, who also testified about her mother’s unlawful conduct, was sentenced to 18 months. Diaz received 71 months for money laundering. Another of Tencha’s daughters, Diana Medeles Garcia aka Diana Garcia Marquez, 50, testified that her mother had been running brothels since she was 13 years old. She received 21 months for aiding and abetting to harbor illegal aliens.
Guadalupe Valdez Lugo aka Lupe, 58, worked as a manager at Las Palmas II, overseeing the female workers as well as the regular employees. She also testified at trial about Tencha’s unlawful conduct and received a sentence of 25 months as well as a $5,000 fine.
Another of Tencha’s sisters, Lilia Medeles Cerda aka Lilly, 66, received a sentence of 52 months for conspiracy to harbor illegal aliens. Talat Crippin aka Chacho, 27, who was married to one of Tencha’s granddaughters pleaded guilty to being a lookout for Tencha’s brothel and received 41 months.
David Garcia, 46, Techa’s son, was convicted of aiding and abetting to harbor illegal aliens and will be sentenced next month.
Another defendant, Alfonso Diaz-Juarez aka Ponco or El Grenas, 45, and a Mexican national, is a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the FBI at 713-693-5000. A Clear Channel Outdoor digital billboard campaign launched in December across the greater Houston area touted an up to $50,000 reward for information leading to the location and arrest of Diaz-Juarez.
The investigation leading to the filing of criminal charges was the result of a three-year investigation conducted by members of the HTRA in Houston, which includes the FBI, ICE-HSI, Harris County Sheriff’s Office, IRS-CI, Texas Alcoholic and Beverage Commission, Department of State, Texas Department of Public Safety and the Houston Police Department.
Assistant U.S. Attorneys Ruben R. Perez and Joe Magliolo are prosecuting the case.
Houston Fugitive Indicted for Production of Child PornographyRead the Press Release
HOUSTON – A 36-year-old man who resided in Houston is being sought following the return of a four-count indictment on varying charges related to the production of child pornography, announced U.S. Attorney Kenneth Magidson.
John Ferguson was indicted today for production, receipt, access with intent to view and possession of child pornography. It is believed that he has fled in order to avoid being arrested on these charges. He is considered a fugitive and a warrant remains outstanding for his arrest.
A criminal complaint, filed last month, alleges that Ferguson was accessing numerous files from a website known to contain child pornography. A search warrant was conducted at Ferguson’s residence, at which time authorities seized several items, including computers. On those devices, the criminal complaint alleges that authorities discovered more than 1,000 videos and 13,000 images of child pornography.
The charges allege that in some of the videos an underage girl is seen being sexually assaulted and in lewd and lascivious poses that show her genitalia. According to the criminal complaint, the girl is seen on heavily stained carpet and on a bathroom counter during these acts. The charges indicate that these items match those seen in Ferguson’s residence. What appears to be an adult male with matching characteristics of Ferguson is also seen in the videos, according to the complaint.
As part of the investigation, the images/videos seized were sent to the National Center for Missing and Exploited Children (NCMEC). Subsequently, NCMEC identified several videos that appeared to have been produced by Ferguson, according to the charges. Based on the work of NCMEC and FBI, the child in the videos has been identified.
Ferguson is described as a 36-year-old white male, 5'10" and weighing approximately 180 pounds with brown hair and brown eyes. Investigators believe Ferguson may be driving an older model, silver, two-door Ford Focus. Crime Stoppers of Houston is offering up to $5,000 for information leading to the charging and arrest of Ferguson. If you have information about him or his whereabouts, please call the Crime Stoppers tip line at 713-222-TIPS (8477) or the FBI Houston Field Office at 713-693-5000. Tips may also be submitted to the FBI online at https://tips.fbi.gov/. As a public service to the community, Clear Channel Outdoor is donating space and time on its digital billboards throughout the area and statewide to publicize the reward and feature a photo of Ferguson.
If convicted of the production charges, Ferguson faces a mandatory minimum of 15 and up to 30 years in federal prison. For the charge of receipt of child pornography also faces a mandatory minimum of five years up to a maximum of 20. On each count of access with intent to view and possession of child pornography, Ferguson faces another maximum 10 years of imprisonment. Each conviction is also punishable by a possible $250,000 fine. Further, If convicted, upon completion of any prison term imposed, Ferguson faces a maximum of life on supervised release during which the court can impose a number of special conditions designed to protect the children and prohibit the use of the Internet. He would also be required to register as a sex offender.
This case, prosecuted by Assistant U.S. Attorney Sherri Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former VP Pleads Guilty to Embezzling from Houston Police Federal Credit UnionRead the Press Release
HOUSTON – A 66-year-old former ex-vice president of the Houston Police Federal Credit Union has been convicted of embezzlement that occurred for approximately 18 years, announced U.S. Attorney Kenneth Magidson.
Cheryl Vickers was charged in a criminal information filed Dec. 7, 2015. Today, she appeared before U.S. District Judge Melinda Harmon to enter a plea of guilty to one count of embezzlement. As part of her plea, she admitted that between January 1997 and February 2015 she embezzled at least $1,247,785 from the Houston Police Federal Credit Union while employed there as vice-president of accounting.
The embezzlement was ultimately discovered following her retirement in February 2015. At that time, a credit union customer brought in a “stale” check to have it re-issued. A “stale” check is an old check that has been issued by the credit union but never cashed. When credit union records showed that Vickers had already reissued the stale check, the credit union conducted an audit of Vickers’ banking activity.
The audit revealed that from January 1997 until her retirement, Vickers had embezzled at least $1,247,785 by various means, including, but not limited to, re-issuing stale checks. The credit union maintained a ledger of its stale checks which showed that Vickers reissued stale checks to credit card companies to pay her personal credit card bills. This included a Feb. 4, 2015, reissued stale check in the amount of $7,800 to pay her Chase Bank credit card bill. Some of the reissued checks even had her credit card number hand-written on them
Vickers admitted that while employed at the Houston Police Federal Credit Union, she took credit union money without authorization or permission.
She faces up to 30 years in federal prison at the time of her sentencing. She was permitted to remain on bond pending that hearing.
The charges are the result of an investigation conducted by FBI, with assistance from the Federal Deposit Insurance Corporation – Office of Inspector General. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
Local Man Gets More Than Five Years for Illegally Possessing a FirearmRead the Press Release
CORPUS CHRISTI, Texas - A local man has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Kenneth Magidson announced. Eloy Silva, 38, of Corpus Christi, pleaded guilty Oct. 19, 2015.
Today, Senior U.S. District Judge John Rainey ordered he serve a sentenced of 64 months imprisonment to be followed by three years of supervised release. At the hearing today, a deputy U.S. Marshal testified about statements Silva made at the time of his arrest. Testimony revealed that Silva was upset at a local news reporter about a story he had aired about Silva. According to that testimony, Silva stated that he was “going to get even” with the reporter and his family.
In March 2015, authorities Silva with a state parole violators warrant and several state warrants for impersonating a peace officer at a residence in Skidmore. At the time of the arrest, deputies searched the location and discovered a 12-gauge shotgun, several boxes of ammunition and body armor underneath the bed. Silva, who has 12 prior felony convictions, is prohibited from possessing firearms and ammunition.
In federal custody since his arrest, Silva will remain in custody and serve his sentence at a U.S. Bureau of Prisons facility to be designated in the near future.
The charge stems from an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Marshals Service.
Assistant U.S. Attorney Lance Watt prosecuted the case.
Human Smuggler Sentenced in Conspiracy that Resulted in Death of TwoRead the Press Release
CORPUS CHRISTI, Texas – A 22 year-old undocumented alien from Mexico has been sentenced for his conviction of conspiracy to transport undocumented aliens, announced U.S. Attorney Kenneth Magidson. Amurabi Medina-Cruz pleaded guilty Oct. 19, 2015.
Today, U.S. District Judge John D. Rainey handed Medina-Cruz a total of 71 months in prison for the alien smuggling conviction. Not a U.S. citizen, he is expected to face deportation proceedings following his release from prison. At the hearing, the court noted the need to impose a sentence that would deter not only the defendant, but others considering engaging in similar conduct to include evading law enforcement.
On Dec. 3, 2014, Border Patrol (BP) agents learned of several individuals running from the brush and entering a green Tahoe on U.S. Highway 285. A witness told the agents the Tahoe was headed eastbound on Highway 285 towards Highway 77. A BP unit located the vehicle and attempted to conduct a traffic stop. Median-Cruz pulled to the shoulder of the road, as though attempting to stop, but suddenly accelerated northbound onto Highway 77.
A second BP unit appeared on the scene. Medina-Cruz noticed it and once again attempted to pull off onto the shoulder of the highway. Due to his excessive speed, the vehicle rolled over several times and ejecting several of the occupants.
A total of eight individuals were transported to a nearby hospital for observation and treatment, two of whom later died as a result of their injuries.
Medina-Cruz will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by Homeland Security Investigations with the assistance of BP. Assistant U.S. Attorney (AUSA) Justin Martin prosecuted the case. AUSA Elsa Salinas handled the sentencing.
Corpus Christi Firefighter Sentence for Production of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – Justin Ryan Serna, 28, of Corpus Christi, has been ordered to prison for sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Serna pleaded guilty in October 2015.
Today, Senior US. District Judge John D. Rainey sentenced Serna to 15 years in federal prison to be immediately followed by 10 years of supervised release. He must also register as a sex offender.
At the hearing, the victim's father gave a statement explaining how the crime effected his daughter and family.
Serna came to the attention of authorities after they discovered electronic images on a notebook computer of a juvenile female engaged in a sexual act. After further investigation, law enforcement learned Serna enticed the juvenile female to engage in the sexually explicit conduct with the purpose of producing a visual depiction of the activities. Law enforcement identified the juvenile female who confirmed the activities. Authorities also learned many of the communications Serna had with the juvenile occurred while Serna was employed as a Corpus Christi firefighter.
Serna was arrested on the federal charges in July 2015 and has been in custody since that time where he will remain pending his transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges were the result of an investigation conducted by Homeland Security Investigations with the assistance of the Corpus Christi Police Department – Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Texas Man Detained on Charges of Attempting to Provide Material Support to ISILRead the Press Release
HOUSTON – Omar Faraj Saeed Al Hardan, 24, a Palestinian born in Iraq, has been ordered into custody on charges contained in a three-count indictment alleging he attempted to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
He was charged in a sealed indictment returned Jan. 6, 2016. Today, the government presented testimony regarding the alleged crimes and evidence in support of his continued detention pending trial. At the conclusion of the hearing, the court found probable cause that he committed the crimes alleged and a flight risk. He further noted that there was no set of restrictions that could assure his appearance in court, noting that he nor his family has significant ties to the United States.
Al Hardan entered the United States as a refugee from Iraq on or about Nov. 2, 2009. He was granted legal permanent residence status on or about Aug. 22, 2011, and resides in Houston.
He is charged with one count each of attempting to provide material support to ISIL, procurement of citizenship or naturalization unlawfully and making false statements.
The indictment alleges that Al Hardan attempted to provide material support and resources, including training, expert advice and assistance, and personnel – specifically himself – to a known foreign terrorist organization. According to the allegations, he also knowingly responded, certified and swore untruthfully on his formal application when applying to become a naturalized U.S. citizen. He allegedly represented that he was not associated with a terrorist organization when, in fact, he associated with members and sympathizers of ISIL throughout 2014, according to the charges. The indictment further alleges that during an interview in October 2015, Al Hardan falsely represented that he had never received any type of weapons training, when he allegedly received automatic machine gun training.
The charge of attempting to provide material support to terrorists carries a maximum sentence of 20 years in federal prison and a maximum fine of $250,000. The charge of false citizenship procurement carries a maximum sentence of 25 years in prison (if the offense was committed to facilitate an act of international terrorism). The charge of making false statements carries a maximum sentence of eight years in prison. If convicted, any potential sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.
The charges are the result of an investigation conducted by the FBI’s Joint Terrorism Task Force and HSI with the assistance of the Houston Police Department. Assistant U.S. Attorney Ralph Imperato is prosecuting the case along with Trial Attorney Kashyap Patel of the National Security Division’s Counterterrorism Section.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former Deputy Constable Heads to Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas – A former Cameron County deputy constable has been ordered to prison following his conviction of transporting illegal aliens, announced U.S. Attorney Kenneth Magidson. Luis Enrique Guevara, 45, of Brownsville, entered a guilty plea June 4, 2015, admitting he transported three illegal aliens in a Nissan Pathfinder.
Today, U.S. District Judge Nelva Gonzales Ramos ordered he serve a total of 15 months in federal prison to be immediately followed by three years of supervised release.
Guevara was arrested April 9, 2015, after an officer with the Robstown Police Department (RPD) stopped him for speeding as he was driving the Pathfinder north on U.S. Highway 77 through Robstown.
During the traffic stop, Guevara told the arresting officer he was a former police officer from Cameron County and a former narcotics officer with the Los Fresnos Police Department. After his arrest, Guevara told investigators he had transported illegal aliens several times prior and that he was paid $2,500 per illegal alien transported.
At the time of the arrest, Guevara was a reserve deputy constable in Cameron County. He no longer holds that position.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation by Homeland Security Investigations with the assistance of RPD. The case is being prosecuted by Assistant U.S. Attorney Chad W. Cowan.
Corpus Christi Woman Indicted for Kidnapping ChildrenRead the Press Release
CORPUS CHRISTI, Texas – Jada Gregg Warren, 32, of Corpus Christi, has been indicted by a federal grand jury in Corpus Christi on charges that she kidnapped two minor children from their foster home, announced U.S. Attorney Kenneth Magidson. Warren is the biological mother of the children but had lost her parental rights in November 2014.
The two-count indictment was returned today. She is expected to make an appearance before a U.S. magistrate judge in the near future.
Warren was originally charged in a criminal complaint filed Aug. 20, 2015. She Warren was arrested in Torreon, Coahuila, Mexico, Dec. 16, 2015, and both children were with her. Warren has since been returned to federal custody in Corpus Christi and the children have been returned to the custody of Child Protective Services (CPS).
The criminal complaint alleged that Warren had taken the children from their foster home on Aug. 19-20, 2015. She had allegedly made statements about committing the crime just two days prior.
The children were discovered missing on the morning of Aug. 20, 2015. Several items of clothing had allegedly also been taken. The complaint further alleges that a car she co-owned had a tracking device which indicated it was in Corpus Christi on Aug. 18, but in Mexico two days later. Her Facebook page also indicted she was in Mexico on that date. At the time of the alleged kidnapping, Warren was serving a 36-month-term of supervised release following a federal drug tracking conviction.
On Nov. 6, 2014, a judge in Bexar County had terminated Warren's parental rights and placed the children in the custody of CPS.
If convicted, Warren faces not less than 20 years and up to life imprisonment, a fine of up to $250,000, and up to 5 years of supervised release.
The charges are the result of an investigation conducted by the FBI, U.S. Marshals Service and the Corpus Christi Police Department. Assistant U.S. Attorney Chad W. Cowan 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.12 Arrested in Marijuana Trafficking RingRead the Press Release
LAREDO, Texas – A total of 12 people have been arrested in multiple cities on charges alleging their participation in a marijuana conspiracy, announced U.S. Attorney Kenneth Magidson along with Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
The indictment, returned under seal Nov. 24, 2015, and unsealed as to each defendant upon their arrest, charges one count of conspiracy to possess with the intent to distribute marijuana and five counts of possession with intent to distribute marijuana, all dating back to July 2013.
Among those taken into custody today were Rene Armenta, 33, Yolanda Armenta, 43, and Pedro Vazquez, 33, of Laredo, Texas; Jose Luis Carvajal, 46, Juan Carlos Carvajal, 26, of San Antonio; Juan Ramon Castillo, 41, of Dallas; Isidro Cruz-Sanchez, 40, Hector Garcia-Rios, 30, Eduardo Hurtado de Anda, 39, and Ruben Rodriguez-Rodriguez, 38, of Nuevo Laredo, Mexico.
Those arrested in Laredo are expected to appear before U.S. Magistrate Judge J. Scott Hacker tomorrow morning. Those arrested in other locations will make their appearance there and later appear in Laredo federal court.
Two others - Rogelio Herrera, 20, of Laredo; and Juan Carlos Duran, 31, of Nuevo Laredo, were arrested yesterday. They made their initial appearances before Judge Hacker, at which time they were ordered temporarily into custody pending a detention hearing.
If convicted of the cocaine conspiracy charge, all defendants face a minimum of 10 years up to life imprisonment and a $10 million fine. The substantive counts carry up to 40 years in prison and a $5 million fine.
The case was result of a multi-year Organized Crime Drug Enforcement Task Force investigation conducted by the DEA, HSI and the U.S. Marshals Service Gulf Coast Fugitive Task Force. Assistant United States Attorneys Mark E. Donnelly and Arthur Jones 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.Two South Texas School Board Members and Middleman Plead Guilty to Attempted ExtortionRead the Press Release
Two elected members of the School Board of Donna, Texas, pleaded guilty today in the Southern District of Texas for accepting bribes in connection with a services contract held by the Donna Independent School District (DISD). A private citizen who served as a middleman in the scheme also pleaded guilty, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Eloy Infante, 54; Elpidio Yanez Jr., 45; and Adrian Guerrero, 50, all from Donna, pleaded guilty today to attempted interference with commerce by extortion. Infante and Yanez are both members of the Donna School Board and Guerrero is a private citizen. Sentencing is set for March 22, 2016.
In connection with their pleas, the defendants admitted that from February to May 2015, they attempted to extort, and solicited and accepted bribes from, an individual whose company provided services to the DISD. Specifically, the defendants informed the individual that in order for his company to keep its services contract with the DISD, he needed to pay Infante and Yanez $10,000 each. Both Infante and Yanez admitted that they accepted partial payment of the bribes, and Guerrero admitted that he served as the middleman for one of the payments.
The FBI investigated this case. Trial Attorney Monique Abrishami of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Leo J. Leo III of the Southern District of Texas are prosecuting the case.
Two Donna School Board Members and Middleman Plead Guilty to Attempted ExtortionRead the Press Release
McALLEN, Texas - Two elected members of the School Board of Donna pleaded guilty today for accepting bribes in connection with a services contract held by the Donna Independent School District (DISD). A private citizen who served as a middleman in the scheme also pleaded guilty, announced U.S. Attorney Kenneth Magidson and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.
Eloy Infante, 54, Elpidio Yanez Jr., 45, and Adrian Guerrero, 50, all from Donna, pleaded guilty today to attempted interference with commerce by extortion. Infante and Yanez are both members of the Donna School Board and Guerrero is a private citizen. Sentencing is set for March 22, 2016.
In connection with their pleas, the defendants admitted that from February to May 2015, they attempted to extort, and solicited and accepted bribes from, an individual whose company provided services to the DISD. Specifically, the defendants informed the individual that in order for his company to keep its services contract with the DISD, he needed to pay Infante and Yanez $10,000 each. Both Infante and Yanez admitted that they accepted partial payment of the bribes, and Guerrero admitted that he served as the middleman for one of the payments.
The charges are the result of an investigation by the FBI. Assistant U.S. Attorney Leo J. Leo III and Trial Attorney Monique Abrishami of the Criminal Division’s Public Integrity Section are prosecuting the case.
Rice Farmer Convicted and Fined for Poisoning BirdsRead the Press Release
VICTORIA, Texas – The operator of a Danbury rice farm has entered a guilty plea to illegally killing 65 brown-headed cowbirds and four red-tailed hawks, announced U.S. Attorney Kenneth Magidson along with Southwest Region Special Agent in Charge Nicholas E. Chavez of the U.S. Fish and Wildlife Service (FWS).
Nelson Bulanek, 54, pleaded guilty before U.S. Magistrate Judge Jason B. Libby today. Bulanek was ordered to pay a $10,000 community service payment to the Texas Parks and Wildlife Department (TPWD) Operation Game Thief Program and must serve two years of probation.
“The FWS Office of Law Enforcement contributes to service efforts and mission by conserving migratory birds through the enforcement of federal conservation laws,” said Chavez. “Intentionally and illegally poisoning federally protected migratory birds will be pursued and investigated by our agents. The survival of our nation's wildlife should not be subject to an individual’s harmful and illicit act.”
Bulanek was charged by a criminal information with one count of violating the Migratory Bird Treaty Act, which provides protection for migratory birds. During the plea today, the court learned that Bulanek owns and operates a rice farm in Danbury. He came under investigation after TPWD officials received reports of numerous dead and dying birds on and near Bulanek’s property. Game wardens suspected the birds were poisoned and contacted officials with the FWS for assistance.
Authorities collected several dead brown-headed cowbirds and red-tailed hawks. Agents then conducted field necropsies on two cowbirds and found both had rice in their digestive tract. Bulanek was interviewed by authorities, at which time he admitted to ordering his workers to mix a barrel of rice with a pesticide called Bidrin. Bulanek also admitted he had his workers spread the poisoned rice on a recently harvested rice field for the purpose of killing birds.
Forensic analyses on the rice and birds revealed the presence of Dicrotophos, which is an organophosphate inhibitor used as an insecticide. Bidrin is the brand name for Dicrotophos.
The charges were the result of an investigation conducted by FWS and TPWD. Assistant United States Attorney Hugo R. Martinez is prosecuting the case.
Former St. Louis Cardinals Official Pleads Guilty to Houston Astros Computer IntrusionsRead the Press Release
HOUSTON – The former director of Baseball Development for the St. Louis Cardinals made an initial appearance in Houston federal court today on charges of accessing the Houston Astros’ computers without authorization, announced U.S. Attorney Kenneth Magidson and Special Agent in Charge Perrye K. Turner of the FBI. Later this afternoon, the former Cardinals official then entered a guilty plea to all counts as charged.
Christopher Correa, 35, of St. Louis, was charged in a criminal information with five counts of unauthorized access of a protected computer. No other personnel associated with the Cardinals organization have been charged.
“We have secured an appropriate conviction in this case as a result of a very detailed, thorough and complete investigation,” said Magidson. “Unauthorized computer intrusion is not to be taken lightly. Whether it’s preserving the sanctity of America’s pastime or protecting trade secrets, those that unlawfully gain proprietary information by accessing computers without authorization must be held accountable for their illegal actions.”
From 2009 to July 2015, Correa was employed by the St. Louis Cardinals and became the director of Baseball Development in 2013. In this role, he provided analytical support to all areas of the Cardinals’ baseball operations. Correa is no longer employed by the Cardinals organization.
The Astros and the Cardinals, like many teams, measured and analyzed in-game activities to look for advantages that may not have been apparent to their competitors. To assist their efforts, the Astros operated a private online database called Ground Control to house a wide variety of confidential data, including scouting reports, statistics and contract information. The Astros also provided e-mail accounts to their employees. Ground Control and Astros e‑mails could be accessed online via password-protected accounts.
As part of his plea agreement, Correa admitted that from March 2013 through at least March 2014, he illicitly accessed the Ground Control and/or e-mail accounts of others in order to gain access to Astros proprietary information.
“The theft of intellectual property by computer intrusion is a serious federal crime,” said Turner. “The Houston Cyber Task Force stands ready to identify, pursue and defeat cyber criminals who gain unauthorized access to proprietary data. In each and every case, we will seek to hold those accountable to the fullest extent of the law.”
In one instance, Correa was able to obtain an Astros employee’s password because that employee has previously been employed by the Cardinals. When he left the Cardinals organization, the employee had to turn over his Cardinals-owned laptop to Correa – along with the laptop’s password. Having that information, Correa was able to access the now-Astros employee’s Ground Control and e-mail accounts using a variation of the password he used while with the Cardinals.
The plea agreement details a selection of instances in which Correa unlawfully accessed the Astros’ computers. For example, during 2013, he was able to access scout rankings of every player eligible for the draft. He also viewed, among other things, an Astros weekly digest page which described the performance and injuries of prospects who the Astros were considering, and a regional scout’s estimates of prospects’ peak rise and the bonus he proposed be offered. He also viewed the team’s scouting crosscheck page, which listed prospects seen by higher level scouts. During the June 2013 amateur draft, he intruded into that account again and viewed information on players who had not yet been drafted as well as several players drafted by the Astros and other teams.
Correa later intruded into that account during the July 31, 2013, trade deadline and viewed notes of Astros’ trade discussions with other teams.
Another set of intrusions occurred in March 2014. The Astros reacted by implementing security precautions to include the actual Ground Control website address (URL) and required all users to change their passwords to more complex passwords. The team also reset all Ground Control passwords to a more complex default password and quickly e‑mailed the new default password and the new URL to all Ground Control users.
Shortly thereafter, Correa illegally accessed the aforementioned person’s e‑mail account and found the e‑mails that contained Ground Control’s new URL and the newly-reset password for all users. A few minutes later, Correa used this information to access another person’s Ground Control account without authorization. There, he viewed a total of 118 webpages including lists ranking the players whom Astros scouts desired in the upcoming draft, summaries of scouting evaluations and summaries of college players identified by the Astros’ analytics department as top performers.
On two more occasions, he again illicitly accessed that account and viewed confidential information such as projects the analytics department was researching, notes of Astros’ trade discussions with other Major League Baseball teams and reports of players in the Astros’ system and their development.
The parties agreed that Correa masked his identity, his location and the type of device that he used, and that the total intended loss for all of the intrusions is approximately $1.7 million.
Each conviction of unauthorized access of a protected computer carries a maximum possible sentence of five years in federal prison and a possible $250,000 fine. U.S. District Judge Lynn N. Hughes accepted the plea today and has set sentencing for April 11, 2016. He was permitted to remain on bond pending that hearing.
The charges and conviction are the result of an investigation conducted by the FBI. Assistant U.S. Attorney Michael Chu is prosecuting the case.
Former St. Louis Cardinals Official Pleads Guilty to Houston Astros Computer IntrusionsRead the Press Release
The former director of Baseball Development for the St. Louis Cardinals made an initial appearance in Houston federal court today on charges of accessing the Houston Astros’ computers without authorization, announced U.S. Attorney Kenneth Magidson of the Southern District of Texas and Special Agent in Charge Perrye K. Turner of the FBI Houston Division. Later this afternoon, the former Cardinals official then entered a guilty plea to all counts as charged.
Christopher Correa, 35, of St. Louis, was charged in a criminal information with five counts of unauthorized access of a protected computer. No other personnel associated with the Cardinals organization have been charged.
“We have secured an appropriate conviction in this case as a result of a very detailed, thorough and complete investigation,” said U.S. Attorney Magidson. “Unauthorized computer intrusion is not to be taken lightly. Whether it’s preserving the sanctity of America’s pastime or protecting trade secrets, those that unlawfully gain proprietary information by accessing computers without authorization must be held accountable for their illegal actions.”
From 2009 to July 2015, Correa was employed by the St. Louis Cardinals and became the director of Baseball Development in 2013. In this role, he provided analytical support to all areas of the Cardinals’ baseball operations. Correa is no longer employed by the Cardinals organization.
The Astros and the Cardinals, like many teams, measured and analyzed in-game activities to look for advantages that may not have been apparent to their competitors. To assist their efforts, the Astros operated a private online database called Ground Control to house a wide variety of confidential data, including scouting reports, statistics and contract information. The Astros also provided e-mail accounts to their employees. Ground Control and Astros e‑mails could be accessed online via password-protected accounts.
As part of his plea agreement, Correa admitted that from March 2013 through at least March 2014, he illicitly accessed the Ground Control and/or e-mail accounts of others in order to gain access to Astros proprietary information.
“The theft of intellectual property by computer intrusion is a serious federal crime,” said Special Agent in Charge Turner. “The Houston Cyber Task Force stands ready to identify, pursue and defeat cyber criminals who gain unauthorized access to proprietary data. In each and every case, we will seek to hold those accountable to the fullest extent of the law.”
In one instance, Correa was able to obtain an Astros employee’s password because that employee has previously been employed by the Cardinals. When he left the Cardinals organization, the employee had to turn over his Cardinals-owned laptop to Correa along with the laptop’s password. Having that information, Correa was able to access the now-Astros employee’s Ground Control and e-mail accounts using a variation of the password he used while with the Cardinals.
The plea agreement details a selection of instances in which Correa unlawfully accessed the Astros’ computers. For example, during 2013, he was able to access scout rankings of every player eligible for the draft. He also viewed, among other things, an Astros weekly digest page which described the performance and injuries of prospects who the Astros were considering, and a regional scout’s estimates of prospects’ peak rise and the bonus he proposed be offered. He also viewed the team’s scouting crosscheck page, which listed prospects who were seen by higher level scouts. During the June 2013 amateur draft, Correa intruded into that account again and viewed information on players who had not yet been drafted as well as several players drafted by the Astros and other teams.
Correa later intruded into that account during the July 31, 2013, trade deadline and viewed notes of the Astros’ trade discussions with other teams.
Another set of intrusions occurred in March 2014. The Astros reacted by implementing security precautions to include the actual Ground Control website address (URL) and required all users to change their passwords to more complex passwords. The team also reset all Ground Control passwords to a more complex default password and quickly e‑mailed the new default password and the new URL to all Ground Control users.
Shortly thereafter, Correa illegally accessed the aforementioned person’s e‑mail account and found the e‑mails that contained Ground Control’s new URL and the newly-reset password for all users. A few minutes later, Correa used this information to access another person’s Ground Control account without authorization. There, he viewed a total of 118 webpages including lists ranking the players whom Astros scouts desired in the upcoming draft, summaries of scouting evaluations and summaries of college players identified by the Astros’ analytics department as top performers.
On two more occasions, he again illicitly accessed that account and viewed confidential information, such as projects the analytics department was researching, notes of the Astros’ trade discussions with other Major League Baseball teams and reports of players in the Astros’ system and their development.
The parties agreed that Correa masked his identity, his location and the type of device that he used, and that the total intended loss for all of the intrusions is approximately $1.7 million.
Each conviction of unauthorized access of a protected computer carries a maximum possible sentence of five years in federal prison and a possible $250,000 fine.
The charges and conviction are the result of an investigation conducted by the FBI. Assistant U.S. Attorney Michael Chu of the Southern District of Texas is prosecuting the case.
Texas Man Charged with Attempting to Provide Material Support to ISILRead the Press Release
HOUSTON – Omar Faraj Saeed Al Hardan, 24, a Palestinian born in Iraq, has been charged in a three-count indictment alleging that he attempted to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
U.S. Attorney Kenneth Magidson, Assistant Attorney General for National Security John P. Carlin, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division and Special Agent in Charge Brian M. Moskowitz of Homeland Investigations (HSI) in Houston made the announcement.
The three-count indictment was returned Jan. 6, 2016 and unsealed tonight. He will have his initial appearance tomorrow at 10:00 a.m CST in Houston before U.S. Magistrate Judge John R. Froeschner.
Al Hardan entered the United States as an Iraqi refugee on or about Nov. 2, 2009. He was granted legal permanent residence status on or about Aug. 22, 2011, and resides in Houston.
He is charged with one count each of attempting to provide material support to ISIL, procurement of citizenship or naturalization unlawfully and making false statements.
The indictment alleges that Al Hardan attempted to provide material support and resources, including training, expert advice and assistance, and personnel – specifically himself – to a known foreign terrorist organization. According to the allegations, he also knowingly responded, certified and swore untruthfully on his formal application when applying to become a naturalized U.S. citizen. He allegedly represented that he was not associated with a terrorist organization when, in fact, he associated with members and sympathizers of ISIL throughout 2014, according to the charges. The indictment further alleges that during an interview in October 2015, Al Hardan falsely represented that he had never received any type of weapons training, when he allegedly received automatic machine gun training.
The charge of attempting to provide material support to terrorists carries a maximum sentence of 20 years in federal prison and a maximum fine of $250,000. The charge of false citizenship procurement carries a maximum sentence of 25 years in prison (if the offense was committed to facilitate an act of international terrorism). The charge of making false statements carries a maximum sentence of eight years in prison. If convicted, any potential sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.
The charges are the result of an investigation conducted by the FBI’s Joint Terrorism Task Force and HSI with the assistance of the Houston Police Department. Assistant U.S. Attorney Ralph Imperato is prosecuting the case along with Trial Attorney Kashyap Patel of the National Security Division’s Counterterrorism Section.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Texas Man Charged with Attempting to Provide Material Support to ISILRead the Press Release
Omar Faraj Saeed Al Hardan, 24, a Palestinian born in Iraq, has been charged in a three-count indictment alleging that he attempted to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Kenneth Magidson of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division and Special Agent in Charge Brian M. Moskowitz of Immigration and Customs Enforcement's Homeland Security Investigations (HSI) in Houston made the announcement.
The three-count indictment was returned on Jan. 6, 2016, and was unsealed today. He will have his initial appearance tomorrow at 10:00 a.m CST in Houston.
Al Hardan entered the United States as an Iraqi refugee on or about Nov. 2, 2009. He was granted legal permanent residence status on or about Aug. 22, 2011, and resides in Houston.
He is charged with one count each of attempting to provide material support to ISIL, procurement of citizenship or naturalization unlawfully and making false statements.
The indictment alleges that Al Hardan attempted to provide material support and resources, including training, expert advice and assistance, and personnel – specifically himself – to a known foreign terrorist organization. According to the allegations, he also knowingly responded, certified and swore untruthfully on his formal application when applying to become a naturalized U.S. citizen. He allegedly represented that he was not associated with a terrorist organization when, in fact, he associated with members and sympathizers of ISIL throughout 2014, according to the charges. The indictment further alleges that during an interview in October 2015, Al Hardan falsely represented that he had never received any type of weapons training, when he allegedly received automatic machine gun training.
The charge of attempting to provide material support to terrorists carries a maximum sentence of 20 years in federal prison and a maximum fine of $250,000. The charge of false citizenship procurement carries a maximum sentence of 25 years in prison (if the offense was committed to facilitate an act of international terrorism). The charge of making false statements carries a maximum sentence of eight years in prison. If convicted, any potential sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.
An indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
The charges are the result of an investigation conducted by the FBI’s Joint Terrorism Task Force and HSI with the assistance of the Houston Police Department. Trial Attorney Kashyap Patel of the National Security Division’s Counterterrorism Section is prosecuting the case along with Assistant U.S. Attorney Ralph Imperato of the Southern District of Texas.
Al Hardan Indictment
Prison Guard Convicted of Having Sex with InmatesRead the Press Release
HOUSTON – A former prison guard at the federal prison camp in Bryan has entered a guilty plea to two counts of sexual abuse of a ward, announced U.S. Attorney Kenneth Magidson.
Marshall Thomas, 35, of College Station, was charged with engaging in a sexual relationship in July 2014 with two different inmates while he was employed as a correctional officer.
Beginning in March 2014, Thomas began supervising a female inmate at federal prison camp. Soon after, he began making inappropriate comments to her and began to hug, kiss and touch her inappropriately whenever they would be alone. On or about July 19, 2014, Thomas directed her to go into the back of the dry storage room behind several boxes. At that time, Thomas began to kiss her, unzipped his pants and pulled down her pants. She resisted his efforts to have intercourse, but he did it anyway.
Thomas told her that if she reported any of the inappropriate conduct he would “flag” her and that “it was his career and her good time.”
On the same day, Thomas was also supervising another inmate. While she was in the kitchen getting something to eat, Thomas told her to go to the salad room, where he began to kiss her and attempted to engage in sexual intercourse. She resisted. He then used his fingers to vaginally penetrate her.
U.S. District Judge Gray Miller accepted the guilty plea today and has set sentencing for April 1, 2016. At that time, he faces up to 15 years in federal prison and a possible $250,000 fine. He was permitted to remain on bond pending that hearing.
The charges are the result of an investigation conducted by the Office of the Inspector General. Assistant United States Attorneys Ruben R. Perez and Jill Stotts are prosecuting the case.
Houston Man Sentenced in Humble Bank RobberyRead the Press Release
HOUSTON – The final defendant convicted in the March 2015 robbery of the Shell Federal Credit Union on Wilson Road in Humble has been ordered to federal prison, announced U.S. Attorney Kenneth Magidson. Derrick Devon Malone, 24, of Houston, was one of four members of a bank robbery gang who pleaded guilty for their roles in the crime.
Today, U.S. District Judge Alfred H. Bennett ordered Malone to serve a total of 164 months in federal prison to be immediately followed by five years of supervised release. Christopher Parker, 28, Shaterrika Monique West-Malone, 26, and Crystal Gail McCain-Sims, 25, all also of Houston, were previously sentenced to respective prison terms of 200, 142 and 108 months of imprisonment.
On March 19, 2015, West-Malone entered the bank shortly before the robbery to determine whether there was a security guard in the premises. Malone and Parker then entered the bank at approximately 11:00 a.m. During their entry, Malone, who was armed with a pistol, injured a departing bank customer by throwing her back inside the bank onto the floor.
At that time, Parker approached the new customers desk and confronted a bank employee and two customers who were sitting opposite her. He yelled at the employee, “Give me the money [expletive].” He then grabbed a customer’s cash and identification cards from the counter and jumped onto the tellers’ counter to join Malone, who was pointing his pistol at the heads and bodies of the tellers. Malone screamed at the tellers - “Hurry we will shoot you [expletive], give me the money [expletive], give me the money [expletive], all the money [expletive].”
Parker also shouted, “We want money, I’ll shoot you.” After seizing the cash from the bank and from a customer, Malone and Parker ran out the door, climbed into the vehicle of McCain-Sims, who was the getaway driver and fled the scene together with the accomplices.
Malone and Parker were captured shortly thereafter the robbery. West-Malone was arrested that afternoon because an alert deputy had seen her leave the getaway vehicle and enter her apartment. McCain-Sims was arrested later after law enforcement identified her as the owner of the getaway vehicle.
Customers and employees inside the credit union positively identified the two men. All four defendants eventually pleaded guilty.
The charges and convictions were the result of an investigation conducted by the FBI’s Violent Crime Task Force to include the Harris County Sheriff’s Office and the Houston Police Department. Assistant U.S. Attorney Michael Kusin is prosecuting the case.
Gregory Man Gets 60 Years for Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 34-year-old resident of Gregory has been ordered to serve a 60-year federal prison term following his two convictions of production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel H. Aleman II was convicted Oct. 13, 2015, following a one-day bench trial before Senior U.S. District Judge Hayden Head.
Today, Judge Head ordered Aleman to serve 30 years on each count of conviction to be served consecutively for a total of 60 years in federal prison. He will then be on supervised release for the rest of his life. He will also be ordered to register as a sex offender.
Additional information was also presented today, including testimony from a federal agent with Homeland Security Investigations (HSI). The agent described the videos Aleman recorded while female customers were changing clothes in the dressing rooms at the Goodwill Store where Aleman worked. One video depicted a woman dressing a female child that the agent estimated was approximately four-years-old. The agent also described the videos of child pornography Aleman possessed, many of which depicted prepubescent females engaging in sexually explicit conduct with adult males. The court also took into consideration a victim letter read in court by the mother of two girls Aleman sexual assaulted. In the letter, the mother described the impact the sexual abuse has had on the children.
In handing down the sentence, Judge Head noted that this kind of behavior cannot be tolerated. “Mr. Aleman, you should never walk the streets again,” he said.
At the time of the bench trial, the court heard that in December 2014, officers with the Portland Police Department were dispatched to a local Goodwill Store in reference to an employee video recording female customers while they were changing clothes in the dressing rooms. A customer reported that a store employee, later identified as Aleman, taped a small video recorder to the corner of a shopping cart. Aleman then positioned the shopping cart under the bottom gap of the dressing room door.
In January 2015, law enforcement executed a search warrant at Aleman’s residence and seized various electronic devices. A forensic analysis on those devices revealed more than 50 videos of child pornography, more than 20 videos of women in dressing rooms, a video of Aleman sexual assaulting an unconscious adult female and 12 videos of Aleman sexual assaulting two children. The children were identified and confirmed the abuse.
At trial, Aleman did not deny the allegations, only argued that the search was not valid. The court found him guilty as charged.
Aleman was arrested on federal charges in April 2015 and has been in custody since that time where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future
The charges are the result of an investigation by Homeland Security Investigations, Portland Police Department and the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Four Convicted in Large-Scale Drug and Money Laundering ConspiracyRead the Press Release
CORPUS CHRISTI, Texas - One man and three women, all of South Texas, have entered guilty pleas to charges of conspiracy to possess with the intent to distribute cocaine and conspiracy to commit money laundering, announced U.S. Attorney Kenneth Magidson.
Efren Cisneros-Reyes, 36, Mayra Alejandra Cervantes, 27, and Norma Argelia Ramirez, 42, all of McAllen; and Gabriela Martinez, 34, of Mission, all pleaded guilty to conspiracy to possess with the intent to distribute more than five kilograms of cocaine. Cisneros-Reyes, Cervantes and Ramirez also pleaded guilty to conspiracy to launder monetary instruments, while Cisneros-Reyes was also convicted of being a felon in possession of a firearm.
At the time of his plea, Cisneros-Reyes agreed to the forfeiture of two firearms - a Cobra FS380, .380 caliber pistol and a Maverick Arms, Model 88, 12-gauge shotgun. Ramirez agreed to the forfeiture of a Wells Fargo bank account in her name.
The investigation identified the four defendants as leaders within this criminal organization. Law enforcement determined that the organization utilized many different methods of transportation to include, but not limited to, concealing cocaine in false compartments located inside passenger vehicles and tractor/trailers. Further, the investigation has revealed a total of 19 funnel bank accounts directly linked to members of the organization. These funnel bank accounts have been used to funnel illicit bulk currency from throughout the country to the Rio Grande Valley.
It is estimated that at least 100 kilograms of cocaine were trafficked during the course of the conspiracy and more than $1 million in currency was transported to South Texas.
Based upon the amount of the alleged cocaine involved, all of the defendants face no less than 10 years and a maximum of life in federal prison. Those convicted of the money laundering conspiracy also face up to 20 years imprisonment. Cisneros-Reyes could receive up to another 10 years for the firearms conviction. Sentencing has been set for April 21, 2016.
The case is the result of an Organized Crime Drug Enforcement Task Force Operation dubbed “Operation Green-Eyed Tiger” conducted by the Drug Enforcement Administration, Internal Revenue Service - Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Border Patrol, Homeland Security Investigations, police departments in Mission and McAllen as well as the U.S. Marshals Service. Assistant United States Attorney Julie K. Hampton is prosecuting the case.
Sex Offender “Babysitter” Convicted of Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 42-year-old resident of Aransas Pass has admitted to sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel Benson Billman appeared before Senior U.S. District Judge Janis Graham Jack in Corpus Christi and pleaded guilty to the charges.
At the hearing, Judge Jack heard that authorities had learned of a possible sexual assault involving a child in August 2015. The child was soon identified, confirmed the abuse and that Billman was the man who committed the crime.
Authorities executed a search warrant at Billman’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several images and videos of the child involved in sexual explicit conduct
Today, Billman admitted he sexually-assaulted the child and took explicit photographs and videos of the incident.
Billman and his girlfriend had placed an ad on craigslist offering babysitting services. The victim’s mother answered the ad and the girlfriend was supposed to care for the children. Instead, Billman sexually assaulted the seven-year-old girl in a hotel and in his girlfriend’s Ford Explorer. He also recorded the crime.
Judge Jack accepted the guilty plea today and set sentencing for March 17, 2016. At that time, Billman faces a minimum of 25 and up to 50 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Billman also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect and prohibit the use of the Internet.
Billman was arrested on the federal charges in October 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
The charges were the result of an investigation conducted by Homeland Security Investigations and the Aransas Pass Police Department with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Mission Man Convicted of Receiving Child Pornography via FacebookRead the Press Release
McALLEN, Texas – A 19-year-old resident of Mission has been convicted of receiving child pornography utilizing a false profile he established on Facebook, announced U.S. Attorney Kenneth Magidson.
Carlo Alberto Solis used a photograph of a real female but created a false Facebook account and solicited pornographic images from a young male.
“While technology in this era is a wonderful tool for connecting with others, it can also a very dangerous place, especially for children,” said Magidson. “Adults, parents, older siblings and caregivers need to be vigilant in their efforts to protect our children online. We need to teach them about these dangers, with whom they could be communicating and what information should and should not be shared.”
The investigation revealed that a 13-year-old male was enticed and then later coerced to sending pornographic images of himself through Facebook’s Instant Messaging (IM) application to an individual using the Facebook profile “Sandy Fernandez.” During the course of the investigation, agents were able to identify that Solis was in fact utilizing that false profile.
A federal search warrant was executed on Facebook Inc. for all of the communications of Sandy Fernandez. During a review of these communications, agents discovered a number of images sent to Solis through the Sandy Fernandez profile that depicted the minor child’s genitalia.
On March 5, 2015, authorities executed a federal search warrant on the residence where Solis was living. At that time, he admitted he had created a fictitious Facebook profile under the female alias of “Sandy Fernandez.” He further admitted that around September or October 2014, while using the profile of “Sandy Fernandez,” he enticed the 13-year-old male to send pornographic images of himself through Facebook IM. Solis admitted he received additional pornographic images from other males that were under the age of 18 while using this fake profile.
A review of Solis’ computer and phone as well as his Facebook profile of Sandy Fernandez showed numerous images of child pornography.
Chief U.S. District Judge Ricardo Hinojosa, who accepted the guilty plea, has set sentencing for March 29, 2016. At that time, Solis faces up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The charges are the result of an investigation conducted by Homeland Security Investigations.
This case, prosecuted by Assistant U.S. Attorneys (AUSA) Kimberly Leo and David A. Lindenmuth, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Militia Man Heads to Prison on Firearms ChargesRead the Press Release
BROWNSVILLE, Texas – A member of a citizen group known as “Rusty’s Rangers” or “Rusty’s Regulators” has been ordered to federal prison for being a felon in possession of a firearm on two separate occasions, announced U.S. Attorney Kenneth Magidson. Kevin Lyndel Massey, 49, of Quinlan, was found guilty Sept. 30, 2015, following a bench trial before the U.S. District Judge Andrew Hanen.
Today, U.S. District Judge Andrew Hanen, who presided over the trial, handed Massey a 41-month sentence to be immediately followed by three years of supervised release.
According to court records, “Rusty’s Rangers” or “Rusty’s Regulators” consisted of citizens who mounted armed patrols in the Rio Grande area allegedly in search of and to possibly apprehend aliens attempting to enter the U.S. illegally. On Aug. 29, 2014, law enforcement agents were pursuing suspected illegal aliens in heavy brush when they encountered an individual of the group. A Border Patrol agent allegedly perceived him as a threat and discharged his weapon, but did not strike the armed citizen.
Massey, following the shooting, arrived in the area armed with a .45 caliber pistol and a 7.62 x 39 mm rifle. According to court records, he was thereafter identified by law enforcement who learned of his prior criminal history which included burglary. Because of this criminal history, Massey is prohibited from possessing a firearm.
The court heard that Massey was later arrested Oct. 20, 2014, outside a motel in Brownsville. At the time, according to trial testimony, he was armed with a .45 caliber pistol, while another .45 caliber pistol was thereafter located in his motel room. At that time, more than 2600 rounds of ammunition were seized in connection with the search of his truck and motel room.
Massey will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cameron County Sheriff’s Department. Assistant U.S. Attorneys William Hagen and Jason Corley prosecuted the case.
Former Logos Preparatory Academy Teacher Sentenced on Child Pornography ChargesRead the Press Release
HOUSTON – A 42-year-old Sugar Land man has been ordered to federal prison following his conviction for possessing and distributing child pornography, announced U.S. Attorney Kenneth Magidson. Chad Michael Cole pleaded guilty Sept. 3, 2015.
Today, U.S. District Judge Sim Lake ordered Cole to serve a mandatory minimum sentence of 60 months in federal prison. He will also be required to serve eight years of supervised release and must also register as a sex offender.
The charges arose following a June 2014 undercover operation during which an online user shared 27 videos depicting child pornography with an FBI agent. An investigation into the IP address associated with the videos led law enforcement officials to an address in Sugar Land. Authorities executed a search warrant at that location which was determined to be Cole’s residence, at which time they seized a custom desktop computer. Forensic analysis led to the discovery of approximately 269 videos and 205 images of child pornography.
At the time of the search, Cole had been employed by Logos Preparatory Academy in Sugar Land where he taught junior level physics and an occasional third grade computer class.
Cole has been and will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of a collaborative investigation conducted by FBI, Fort Bend District Attorney's Office and Fort Bend County Sheriff's Office.
This case, prosecuted by Assistant U.S. Attorney Carrie Wirsing, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Alvin Art Teacher Sentenced on Child Pornography ChargeRead the Press Release
HOUSTON – A former teacher who was employed with the Alvin School District has been ordered to federal prison following his conviction of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. Scott Burns, of Alvin, 46, pleaded guilty May 18, 2015.
Today, U.S. District Judge Lynn N. Hughes sentenced Burns to 97 months incarceration followed by 12 years of supervised release. Burns will also be required to register as a sex offender.
The investigation arose after an abandoned briefcase was turned over to the Brazoria County Sheriff’s Office that was found to contain child pornography. Authorities believed it was part of an active investigation involving Burns and forwarded it to Homeland Security Investigations. Compact discs recovered from the abandoned briefcase contained 598 images and two videos of child pornography, along with personal and family photos.
Burns had previously been identified as a person of interest during an online undercover investigation in which he solicited nude and hardcore images of minors aged 12-17 via imgsrc.ru, a photo-sharing website.
A search warrant executed on his home in March 2014 led to the discovery of various electronic media which were found to contain 418 images and 15 videos of child pornography, including pictures of prepubescent minors, acts of sadism, masochism, bestiality and/or bondage. During an interview of Burns the following day, he claimed that used the Internet to locate child pornography, but that he did so in order to report it to website administrators.
Burns also possessed pictures of former students, which he had posted onto his Flickr account. Burns admitted that he kept in touch with former students for artistic purposes.
Burns will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Burns are the result of the investigative efforts of Homeland Security Investigations, Alvin Police Department and the Alvin Independent School District Police Department.
This case, prosecuted by Assistant U.S. Attorney Carrie Wirsing, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Corpus Christi Woman Charged with Kidnapping ChildrenRead the Press Release
CORPUS CHRISTI, Texas – A 32-year-old woman has been arrested on charges that she kidnapped two minor children from their foster home, announced U.S. Attorney Kenneth Magidson. Jada Gregg Warren, of Corpus Christi, is the biological mother of the children but had lost her parental rights in November 2014.
Warren was arrested in Torreon, Coahuila, Mexico, Dec. 16, 2015, and made an initial appearance in Eagle Pass, Texas, today. She is expected to be transferred to Corpus Christi federal court in the near future. At that time, she will face the kidnapping charges as well as a possible revocation of supervised release that she was serving for a drug trafficking conviction from 2014.
At the time of the arrest, the children were with her. They have been returned to the custody of Child Protective Services (CPS).
The criminal complaint alleges that Warren had taken the children from their foster home on Aug. 19-20, 2015. She had allegedly made statements about committing the crime just two days prior.
The children were discovered missing on the morning of Aug. 20, 2015. Several items of clothing had allegedly also been taken. The complaint further alleges that a car she co-owned had a tracking device which indicated it was in Corpus Christi on Aug. 18, but in Mexico two days later. Her Facebook page also indicted she was in Mexico on that date. At the time of the alleged kidnapping, Warren was serving a 36-month-term of supervised release following a federal drug tracking conviction.
On Nov. 6, 2014, a judge in Bexar County had terminated Warren's parental rights and placed the children in the custody of CPS.
The charges are the result of an investigation conducted by the FBI, U.S. Marshals Service and the Corpus Christi Police Department. Assistant U.S. Attorney Chad W. Cowan 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.“Santa Claus” Charged with Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 37-year-old Corpus Christi man who worked as a Santa Claus impersonator has been charged in a criminal complaint alleging he distributed child pornography, announced U.S. Attorney Kenneth Magidson. The complaint was filed today and alleges Reynaldo Ramirez distributed the child pornography via peer-to-peer software.
Ramirez is currently in state custody on related charges and is expected to be transferred to federal custody and make his initial appearance in federal court in the near future.
According to the criminal complaint, the case began when authorities were able to successfully download various files containing child pornography from an IP address that was associated with Ramirez. Authorities executed a search warrant at Ramirez’s residence, at which time they seized several digital devices. At the time of the search, authorities located a Santa Claus costume in Ramirez’s residence. When questioned about the outfit, Ramirez stated he had performed as Santa Claus for the past 15 years throughout the South Texas area, according to the allegations.
Ramirez had allegedly downloaded more than 1,000 images of child pornography ranging in ages from toddlers to pre-teens, according to information in the criminal complaint.
If convicted, Ramirez faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine.
The charges against Ramirez are the result of an investigation conducted by the Corpus Christi Police Department-Internet Crimes Against Children Task Force with the assistance of Homeland Security Investigations.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Men Head to Prison for Participating in a Cocaine ConspiracyRead the Press Release
McALLEN, Texas – Two U.S. citizens who reside in South Texas have been ordered to federal prison following their convictions of conspiracy to possess with intent to distribute large amounts of cocaine and money laundering, announced U.S. Attorney Kenneth Magidson. Alfonso Mata, 55, and Abelino Garza, 36, of San Benito and McAllen, respectively, pleaded guilty Feb. 5, 2013.
Today, Chief U.S. District Judge Ricardo H. Hinojosa handed Mata a total sentence of 87 months in federal prison, while Garza was ordered to serve a 120-month-term. Both men will also serve five years of supervised release.In 2012, federal law enforcement agents determined Mata and others were transporting large quantities of cocaine from South Texas to several cities in Ohio. As a result, agents arrested Mata’s associates for drug offenses committed in the Midwest. Mata was later arrested along with Garza and Alberto Garcia-Saldivar for their participation in the transportation of approximately 30 kilograms of cocaine from San Benito to Toledo, Ohio. Agents eventually seized 17 vehicles, including several classic cars and eight properties, which Mata admitted he had purchased with drug profits. The combined value of the seized property is $1.5 million.
Garcia-Saldivar, 48, of San Benito, also pleaded guilty and was previously sentenced to 36 months in prison.
All three men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The convictions are a culmination of an Organized Crime Drug Enforcement Task Force Operation dubbed “Landing Strip.” To date, there have been approximately 10 other convictions in Texas and Ohio in relation to the investigation. The three-year investigation targeting Mata and other significant drug traffickers based in San Benito, was conducted by the Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, FBI, Cameron County District Attorney’s Office, police departments in San Benito, Brownsville, Port Isabel, Harlingen, as well as the Cameron County Sheriff’s Office.This case was prosecuted by Assistant U.S. Attorney Jesse Salazar.
San Juan Man Heads to Prison After Downloading Sadistic Child Pornography VideosRead the Press Release
McALLEN, Texas – A 29-year-old resident of San Juan has been ordered to federal prison for nearly 20 years following his conviction of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. Ruben James Rios pleaded guilty Sept. 3, 2015.
Today, U.S. District Judge Micaela Alvarez took into consideration the nature of the videos in the defendant’s collection, which consisted of children primarily between the ages of 10-14 and as young as three, and handed Rios a sentence of 235 months. The sentence will be immediately followed by 10 years of supervised release during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. Additional information was also presented today, including the fact that Rios enjoyed watching videos that he described as providing a “shock and awe” factor, including one particular video in which a minor female child was raped and beaten to the point where it appeared she had died. There was additional testimony regarding the calculated steps Rios took in acquiring the child pornography in his collection, including the specific search terms he would use and his previewing of videos prior to actual downloading. There was also evidence presented concerning the fact that he had downloaded a browser which would be used to conceal his identity from law enforcement while browsing the Internet.
Rios came to the attention of law enforcement following an investigation which began Feb. 8, 2015, into persons using the Internet to traffic in child pornography. A special agent with Homeland Security Investigations (HSI) was able to locate and identify a computer as offering to participate in the receipt of child pornography movies through the peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located in a residence in San Juan.
On May 27, 2015, authorities executed a search warrant at that residence during which time they seized a laptop computer and various external storage media devices. A forensic examination on the devices revealed a total of 147 child pornography movies involving clearly young children engaged in sexually explicit conduct. These movies included children under the age of 12 engaged in sadistic conduct and acts of violence. Some of the movies are of known victims as identified through the National Center for Missing and Exploited Children.
Rios admitted he downloaded child pornography from the Internet thereby receiving the child pornography found on his computer and external storage media devices.
Rios will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by HSI.
This case, prosecuted by Assistant United States Attorneys Alex Benavides and Kimberly Ann Leo, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Mother and Daughter Sentenced for Defrauding the United States in Health Care SchemeRead the Press Release
HOUSTON – Two Houston area women have been sentenced following their convictions related to a scheme in which Medicare and Medicaid were billed for ambulance services that were not provided, announced U.S. Attorney Kenneth Magidson. Erika Moscarro, 37, of Houston, and Maria Vasquez, 59, of Cypress, pleaded guilty on Sept. 22, 2014, and Jan. 22, 2015, respectively.
Today, U.S. District Judge Gray Miller sentenced Vasquez. At the hearing, she apologized to the court and asked for a sentence of less than a year in prison. Judge Miller ultimately imposed a 57-month sentence and further ordered her to pay $587,288 in restitution. Her daughter – Moscarro – was sentenced previously to a 12-month-term of imprisonment. Both will also serve three years of supervised release following completion of their prison terms.
Vasquez was the operator of Optimum Care EMS, a business which provided ambulance transport to patients on Medicare and Medicaid. Between January 2008 and December 2010, Optimum Care EMS received payments from Medicaid and Medicare for ambulance transport services which were not actually provided. Specifically, Vasquez and her daughter provided patients with transportation via van or car. However, they actually billed Medicare and Medicaid for ambulance transportation with basic life support, which resulted in larger payments.
As a result of the scheme, Medicare and Medicaid incurred a loss of more than $500,000.
Vasquez 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 charges were the result of an investigation conducted by the Texas Attorney General’s Medicaid Fraud Control Unit. Assistant U.S. Attorney James McAlister prosecuted the case.
Corpus Christi Man Pleads Guilty to Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – Billy Joe Moreno, 43, of Corpus Christi, has pleaded guilty to distribution of child pornography, announced U.S. Attorney Kenneth Magidson.
Today, the court heard that officers with the Corpus Christi Police Department (CCPD), while using peer-to-peer software, were able to successfully download various files containing child pornography from an IP address that was associated with Moreno. As a result of this information, Homeland Security Investigations (HSI) was contacted to assist in the investigation.
In July 2015, agents executed a search warrant at Moreno’s residence and seized a laptop computer. Forensic analysis on the computer revealed a total of 280 videos of child pornography. Moreno admitted to having downloaded child pornography for several years.
Senior U.S. District Judge Janis Graham Jack accepted the guilty plea today and set sentencing for Feb. 26, 2016. At that time, Moreno faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Moreno also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet.
Moreno was arrested on the federal charges in October 2015 and has been in custody since that time where he will remain pending his sentencing.
The charges against Moreno were the result of an investigation conducted by the CCPD - Internet Crimes Against Children Task Force with the assistance of HSI.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Ex-Banker Pleads Guilty in Fraud SchemeRead the Press Release
HOUSTON – A 44-year-old ex-banker who resided in Houston made his initial appearance and also entered a guilty plea to conspiracy to commit bank fraud, announced U.S. Attorney Kenneth Magidson.
Jason F. Meadors was charged in a superseding indictment returned Dec. 8, 2015. Today, he made his initial appearance on the charges before U.S. Magistrate Judge Nancy Johnson. Soon after, he went before U.S. District Judge Gray Miller to plead guilty to one count of conspiracy to commit bank fraud, admitting that he participated in the from February 2011 through August 2012 while employed as a loan officer at Third Coast Bank in Houston.
Meadors worked as a loan officer at both Bank of Texas and Third Coast Bank. In 2006, he processed a loan request for a man who applied to have a $100,000 loan at Bank of Texas increased to $2 million.
That man - Andre Chenier, 42, of Houston - is also charged in the case. The indictment alleges he submitted various false and fraudulent documents to Bank of Texas, including a Personal Financial Statement - Business Banking that contained false and fraudulent information about stock ownership, an Ameritrade account statement that listed fictitious stock ownership and account balances and a falsified Balance Sheet and bank statement that listed a balance of $9,309,796.16 when the true balance was actually only $100. The indictment alleges Chenier ultimately defaulted on the $2 million loan.
Meadors left the Bank of Texas and began working at Third Coast Bank in 2011. Meadors admitted that he kept in contact with Chenier and knew that he had been accused of defaulting on the loan and of submitting fraudulent documents.
As further part of his guilty plea today, Meadors admitted that he was the loan officer for Chenier’s application to obtain a $1,250,000 revolving line of credit loan at Third Coast Bank in 2011. Meadors admitted that he withheld material information from Third Coast Bank about his prior relationship with Chenier and did not disclose the Bank of Texas allegations.
Chenier also allegedly submitted false and/or fraudulent information regarding the second loan request. He is presumed innocent unless convicted through due process of law.
Meadors faces up to five years in federal prison for his conviction in the conspiracy. He is set for sentencing March 18, 2016.
The charges are the result of an investigation conducted by FBI, Federal Deposit Insurance Corporation – Office of Inspector General and IRS – Criminal Investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
Three Brownsville Residents Sent to Prison in Five-Year Drug ConspiracyRead the Press Release
BROWNSVILLE, Texas – A father and daughter and another defendant have all been ordered to federal prison following their convictions in a long-running effort to smuggle drugs via the United Parcel Service (UPS), announced U.S. Attorney Kenneth Magidson.
The three Brownsville residents - Mario Enrique Patlan, 46, Cristina Patlan, 24, and Reymundo Abel Brown Jr., 28 - entered guilty pleas Feb. 12, 2015. Mario Patlan and Brown pleaded guilty to conspiracy to possess with intent to distribute more than 100 kilograms of marijuana and 500 grams of cocaine, while Mario Patlan’s daughter - Cristina Patlan - entered her plea to possessing 37 kilograms of marijuana with intent to distribute in November 2011.
Today, U.S. District Judge Andrew Hanen, who accepted the guilty pleas, handed Mario Patlan a 48-month sentence, while Brown was ordered to serve 24 months. Both will also serve three years of supervised release following completion of their prison terms. Cristina Patlan will also serve a 48-month sentence to be immediately followed by three years of supervised release. At the hearing today, the court forfeited both of Mario Patlan’s houses to the United States. In handing down the sentences, Judge Hanen noted the defendants’ episode of illegal activity and the ruthless individuals associated with drug activity in the area.
Evidence presented in support of the pleas demonstrated that Mario Patlan and Brown used their positions at UPS to receive and forward drug-laden packages via UPS air and ground transportation. The packages were received in the area of Cameron County and were shipped throughout the U.S. During the time of the conspiracy – from 2007 to 2012 - more than 1000 kilograms of marijuana was shipped via UPS to states such as Minnesota, Indiana, Pennsylvania, Georgia, Florida, Ohio, Michigan and New York.
As part of her plea, Cristina Patlan admitted she worked as a recruiter or go-between for her father and various drug trafficking organizations.
The trio will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation by the Drug Enforcement Administration and Internal Revenue Service-Criminal Investigation with assistance from the United States Border Patrol. Assistant U.S. Attorneys (AUSA) David A. Lindenmuth, Carrie Wirsing and Lori Roth prosecuted the case along with former AUSA Charles Lewis.
South Texas Man Sentenced for Trafficking 20 Kilos of Pure MethRead the Press Release
CORPUS CHRISTI, Texas – A 40-year-old Brownsville man has been ordered to federal prison following his conviction of possession with the intent to distribute methamphetamine, announced U.S. Attorney Kenneth Magidson. Ricky Joe Urenda pleaded guilty Sept. 3, 2015.
Today, U.S. District Judge Nelva Gonzalez Ramos ordered Urenda to serve 168 months in federal prison to be followed by five years of supervised release.
On June 26, 2015, Urenda arrived at the U.S. Border Patrol checkpoint near Sarita driving a Dodge Avenger bound for Florida. A routine K-9 exam resulted in an alert which prompted agents to refer Urenda and his vehicle to secondary for further inspection. That inspection resulted in the discovery of 25 bundles in a hidden compartment in the vehicle which tested positive for methamphetamine. Laboratory analysis determined the drugs had a purity level of 99.3% resulting in 20 kilograms of pure methamphetamine.
In federal custody since his arrest, Urenda will remain there pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The conviction stems from an investigation by the Drug Enforcement Administration and Border Patrol. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Convicted Felon Heads to Federal Prison for Illegally Possessing FirearmRead the Press Release
CORPUS CHRISTI, Texas - A 31-year-old Corpus Christi man has been sentenced following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Kenneth Magidson. James Lee Coddington pleaded guilty Sept. 3, 2015.
Today, U.S. District Judge Nelva Gonzalez Ramos ordered Coddington to serve 92 months in federal prison to be immediately followed by three years of supervised release.
The charge stems from an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Corpus Christi Police Department (CCPD).
In April 2015, CCPD officers responded to a call regarding a disturbance with a weapon involving Coddington trying to force entry into a house with a black handgun. The officers were able to locate Coddington, who had a previous felony conviction, and recovered a Glock 9mm handgun with a loaded 50 round drum magazine.
Coddington was arrested and taken into federal custody in June 2015 as part of Operation Rusty Hook. The operation was a coordinated effort by federal, state and local law enforcement to identify violent offenders, stop gun violence and protect the community.
In custody since his arrest, Coddington will remain in custody and serve his sentence at a U.S. Bureau of Prisons facility to be designated in the near future.
This case was prosecuted by Assistant U.S. Attorney Lance Watt.
McAllen Man Sentenced to 17 Years for Receiving Child PornographyRead the Press Release
McALLEN, Texas – A 58-year-old resident of McAllen has been ordered to federal prison following his conviction of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. Maximiliano Cantu pleaded guilty Oct. 28, 2014.
Today, U.S. District Judge Randy Crane took into consideration the fact that the offense involved more than 400 movies and 3,000 images depicting child pornography for a period in excess of 10 years and handed Cantu a sentence of 204 months. The sentence will be immediately followed by a lifetime term of supervised release Cantu was further ordered to pay $52,000 in restitution to known victims. Additional information presented today included descriptions of the types of images received as material portraying sadistic conduct and prepubescent minors and the fact that the defendant was involved in the distribution of images in return for the receipt of additional images of child pornography.
Cantu came to the attention of law enforcement following an investigation which began Aug. 7, 2014, into persons using the Internet to traffic in child pornography. A special agent with Homeland Security Investigations (HSI) was able to locate and identify a computer as offering to participate in the receipt of child pornography movies through the peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located in a residence in McAllen.
On Aug. 28, 2014, authorities executed a search warrant at that residence and obtained Cantu’s computer and various external media devices. A forensic examination on Cantu’s computer and storage media revealed more than 400 movies of child pornography involving clearly young children engaged in sexually explicit conduct. These movies included children under the age of 12 engaged in sadistic conduct and acts of violence. Some of the movies are of known victims as identified through the National Center for Missing and Exploited Children.
Cantu admitted he downloaded child pornography from the Internet thereby receiving the child pornography found on his computer and external storage media devices.
Cantu will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by HSI.
This case, prosecuted by Assistant United States Attorneys Kimberly Ann Leo and Alex Benavides, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Undocumented Alien with Guns Heads to Federal PrisonRead the Press Release
LAREDO, Texas – A Mexican national living illegally in Laredo has been ordered to federal prison following his conviction of having a firearm in violation of federal law, announced U.S. Attorney Kenneth Magidson. Jose Angel Villarreal-Sanchez, 43, pleaded guilty Aug. 11, 2015.
Today, U.S. District Judge Marina Garcia Marmolejo, who accepted the guilty plea, ordered Villarreal-Sanchez to serve a 24-month sentence. At the hearing, evidence was presented that the defendant had 87.4 grams of cocaine on his property when arrested and possessed the firearm in connection with that drug offense. As an illegal alien, Villarreal-Sanchez is expected to face deportation proceedings following his release from prison.
Following a tip, law enforcement went to Villarreal-Sanchez’s home in Laredo on May 14, 2015, where he had been living illegally for some time. It was there that agents with Homeland Security Investigations (HSI) discovered he possessed a pistol and a firearm in his bedroom. A criminal complaint was filed the following day which further detailed that agents had also found three baggies of cocaine hidden in some chicken feed in Villarreal-Sanchez’s back yard.
Villarreal-Sanchez has been in custody since his arrest on May 14, 2015, where he will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by HSI with the assistance of the Laredo Police Department. Assistant U.S. Attorney Jose Homero Ramirez is prosecuting the case.
Local Man Sentenced for Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 22-year-old resident of Corpus Christi has been ordered to federal prison for more than 15 years following his conviction for distribution of child pornography, announced U.S. Attorney Kenneth Magidson. Rogelio Jesus Martinez, 22, pleaded guilty March 3, 2014.
Today, Senior U.S. District Judge Janis Graham Jack sentenced Martinez to 188 months in federal prison. He will also spend the rest of his life on supervised release and will be ordered to register as a sex offender.
In February 2013, authorities with the Corpus Christi Police Department, while using peer-to-peer software, were able to successfully download various files containing child pornography from an IP address that was associated with Martinez. As a result of this information, Homeland Security Investigations was contacted to assist in the investigation.
In March 2013, law enforcement executed a search warrant at Martinez’s residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed 21 videos and on image of child pornography. The material depicted prepubescent children including infants. Martinez admitted to downloading and sharing child pornography through a file sharing program on his computer.
Martinez was ordered into custody and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Martinez were the result of an investigation conducted by Homeland Security Investigations with the assistance of the Corpus Christi Police Department—Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Gang Member Gets Nearly 10 Years for Possessing FirearmRead the Press Release
CORPUS CHRISTI, Texas – A four-time convicted felon has been ordered to federal prison following his conviction of unlawfully possessing a firearm, announced U.S. Attorney Kenneth Magidson. A federal jury convicted Antonio Ortiz III, 32, of Corpus Christi, in January 2015.
Today, Senior U.S. District Judge Janis Graham Jack sentenced Ortiz to 115 months in federal prison to be immediately followed by three years of supervised release. In handing down the sentence, Judge Jack noted that his repeated violent conduct was an indication that past punishments had not made an impression.
Ortiz was a known member of the Texas Syndicate Prison Gang and had an outstanding state warrant for a drug distribution charge. In October 2014, deputies from the U.S. Marshals Service assigned to the Gulf Coast Violent Offenders and Fugitive Task Force learned he was staying with a girlfriend at an apartment complex in Corpus Christi and subsequently took him into custody.
At the time of his arrest, authorities discovered a loaded 9mm pistol beneath his bed. Also discovered in the apartment were two separate bundles of ammunition.
During the trial, the jury heard that while in custody following his arrest, Ortiz made phone calls to his friend discussing the location of that gun. In those calls, Ortiz can be heard berated his friend for not having hidden the gun better before his arrest.
Ortiz will remain in custody pending transfer to U.S. Bureau of Prisons facilities to be determined in the near future.
This charge was the result of an investigation conducted by the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Hess is prosecuting the case.
Five Charged in Scheme to Commit Marriage FraudRead the Press Release
HOUSTON – A total of five Houston residents have been charged in a seven-count indictment alleging their involvement in a marriage fraud scheme involving Nigerian nationals, announced U.S. Attorney Kenneth Magidson along with Brian M. Moskowitz, special agent in charge of Immigration and Customs Enforcement - Homeland Security Investigations (ICE-HSI) in Houston. This indictment is the result of a previous indictment charging six defendants, who were all convicted earlier this year.
The indictment was returned under seal Nov. 18, 2015, and unsealed today. Folarin H. Alabi, 33, Justice Daniel, 40, and Ifeoma Adamolekun, 39, all of Houston, were taken into custody today and will make their initial appearances in federal court at 2:00 p.m. this afternoon.
Letrishia A. Andrews, 36, also of Houston, was in state custody on unrelated charges and made her initial appearance in federal court this morning. At that time, U.S. Magistrate Judge Frances Stacy ordered she be detained pending further criminal proceedings.
A final defendant – Charles R. Warren, 43 – is considered a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact ICE-HSI at 281-985-0500.
The five defendants allegedly conspired together in connection with a marriage fraud ring involving arranged “sham” marriages between recruited U.S. citizens and Nigerian nationals. A “sham” marriage is a marriage that is entered into for the primary purpose of circumventing the immigration laws.
“Becoming an American citizen is an honor and a privilege,” said Moskowitz. “Obtaining citizenship through fraud is an affront to every person who has played by the rules and it threatens the integrity of our legal immigration system. ICE-HSI special agents will continue to work with our partners to ensure that those who use criminal and dishonorable means to achieve the most honorable of goals are brought to justice.”
The indictment alleges conspirators would pay U.S. citizens for entering into fraudulent marriages to Nigerian nationals who had originally entered the country on tourist visas. The conspirators would then complete immigration documents and submit them to Citizenship and Immigration Services (CIS) to obtain legal permanent resident status, according to the indictment. As part of the conspiracy, the indictment further alleges they would take staged photographs of themselves as a couple for documentation of an allegedly meaningful relationship. The conspirators also allegedly coached the recruits and/or the Nigerian nationals on what to say when questioned or interviewed by law enforcement or immigration officials about the legitimate nature of the marriages.
The indictment charges all five with conspiracy commit marriage fraud. Alabi, who is charged with recruiting the Nigerian nationals to engage in this conspiracy, is also charged with two counts of aiding and abetting marriage fraud, while Andrews and Warren are each charged with the same allegation. Daniel and Adamolekun were also indicted on one count of committing marriage fraud.
Alabi allegedly recruited Nigerian nationals, including Daniel and Adamolekun, to enter into “sham” marriages with U.S. citizens to ultimately gain lawful permanent status in the Unites States. The indictment further alleges Daniel did knowingly marry Andrews, a U.S. citizen for the for the purpose of evading any provision of the immigration laws of the United States. Similarly, Warren allegedly entered into a sham marriage with Adamolekun, according to the allegations. At the time of this conspiracy, Alabi and Adamolekun were natives and citizens of Nigeria and had entered the U.S. temporarily on non-immigrant visas. Daniel is a lawful permanent resident.
If convicted on any of the counts as charged, each defendant faces up to five years in federal prison and a possible $250,000 fine.
The charges are the result of an investigation by ICE-HSI, Department of Homeland Security (DHS) - Document and Benefit Fraud Task Force, Office of Fraud Detection, CIS Fraud Detection and National Security Directorate and the Department of Agriculture - Office of the Inspector General. Special Assistant U.S. Attorney Rick Bennett is prosecuting the case.
The indictment is a formal accusation of criminal conduct, not evidence.
All defendants are presumed innocent unless convicted through due process of law.Local Residents Indicted in Multi-Million Dollar Ketamine ConspiracyRead the Press Release
HOUSTON – Four people have been charged in a $17 million health insurance fraud scheme involving the sale of ketamine to patients without a valid prescription, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge Catherine A. Hermsen, Food and Drug Administration - Office of Criminal Investigations (FDA-OCI), Kansas City Field Office.
Dr. Michael Kelly, 71, of The Woodlands, surrendered to federal authorities today as did Priscilla Orosco, 32, and Joyce Ann Gilmore-James, 67, both of Houston. Kelly is expected to make his initial appearance before U.S. Magistrate Judge Frances Stacy at 10:00 a.m. today. Orosco and Gilmore-James are also expected to appear today, either at 10:00 a.m. or at 2:00 p.m. before Judge Stacy. A fourth defendant - Tamara Mitchell, 49, of Fulshear - had been originally charged by criminal complaint and made an initial appearance. She is set for her arraignment on the indictment before Judge Stacy Dec. 11, 2015, at 10:00 a.m.
The defendants are charged with conspiracy to commit wire fraud, unlawfully distributing a controlled substance and aiding the unlawful distribution of ketamine.
The four-count indictment alleges Mitchell was an owner of two pharmacies, Diamond and Save Rite, that sold controlled substances as part of a marketing scheme, rather than for legitimate medical need. Diamond Pharmacy and Save Rite almost exclusively sold compounded creams containing prescription drugs and ketamine to the public by using pre-signed prescriptions to fill orders for customers, who had the “right” insurance plans, according to the charges .
Mitchell allegedly hired pharmacy technician Orosco and pharmacist Gilmore-James to conduct the day-to-day operations of the business. The indictment alleges Diamond Pharmacy paid Kelly thousands of dollars per month to provide pre-signed prescriptions without examining patients. Diamond and Save Rite then allegedly billed insurance companies for compounded creams containing controlled substances.
The scheme allegedly resulted in $17 million in fraudulent billings over the course of the two-year conspiracy.
“U.S. consumers rely on the FDA to ensure that the prescription medications they use are both safe and effective,” said Hermsen. “We are committed to bringing to justice those who attempt to circumvent FDA’s consumer protections.”
If convicted of the wire fraud conspiracy, the four defendants face up to 20 years in federal prison and a possible $250,000 maximum fine. They also face another 10 years for both the conspiracy to distribute and for aiding the distribution of Ketamine as well as a possible $500,000 fine.
The charges were the result of an investigation conducted by FDA-OCI and Drug Enforcement Administration.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Laredoan Gets Max for Possessing More Than 36K Child Pornography ImagesRead the Press Release
LAREDO, Texas – A 42-year-old Laredo man has been ordered to serve the maximum sentence in federal prison following his conviction of possession of child pornography, announced U.S. Attorney Kenneth Magidson along with Mark Dawson, acting special agent in charge of Homeland Security Investigations (HSI) in San Antonio and Webb County Sherriff Martin Cuellar. Oscar Herrera III, 42, pleaded guilty to the charge in March 2015.
Today, U.S. District Judge Marina Garcia Marmolejo took into consideration that Herrera possessed more than 36,000 images of child pornography on several media devices and handed him the statutory maximum sentence of 10 years. Additional information was also presented today, including a statement by one of the victims in the case which was read in court. Herrera was further ordered to pay restitution to three known victims and will serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
At the time of the plea, the court heard that an investigator with the Webb County Sheriff’s Office, while using peer-to-peer software, was able to successfully download various files containing child pornography from an IP address associated with Herrera. As a result of this information, HSI special agents were contacted to assist in the investigation.
In November 2014, agents executed a search warrant at Herrera’s residence, at which time they seized various electronic devices. A preliminary forensic analysis on those devices led to an initial discovery of 3,270 images of child pornography and 444 videos containing child pornography. Further investigation of additional media devices led to the total discovery of nearly four terabytes of images and video. Herrera admitted he downloaded and viewed videos of child pornography and that he knew that it was wrong.
The arrest of Herrera was a result of Operation Child Guardian, which was launched by the Webb County Sheriff’s Office in 2009. The success of these investigations have put dozens of suspected child predators behind bars.
This case, prosecuted by Assistant U.S. Attorney Christopher A. dos Santos, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Church Volunteer Sentenced for Possessing Child PornographyRead the Press Release
LAREDO, Texas – A former volunteer for New Visions Community Church has been ordered to federal prison following his conviction of possession of child pornography, announced U.S. Attorney Kenneth Magidson along with Mark Dawson, acting special agent in charge of Homeland Security Investigations (HSI) in San Antonio and Webb County Sherriff Martin Cuellar. Fidel Perales-Castillo, 44, a Mexican citizen residing in Laredo, pleaded guilty April 23, 2015.
Today, U.S. District Judge Marina Garcia Marmolejo took into consideration the fact that he possessed child pornography depicting children younger than 12 years of age and handed Perales-Castillo a 121-month sentence. Additional information was also presented today, including descriptions of the types and amount of images possessed and a victim impact statement. In handing down the sentence, Judge Marmolejo stated that Perales-Castillo should apologize first and foremost to the victims in this case and commented on the continued victimization they suffer when people such as Perales-Castillo view and share child pornography. Perales-Castillo was further ordered to pay $5,431.01 in restitution to a known victim and will be subject to 20 years of supervised release, which includes the provision of registering as a sex offender. Perales-Castillo, a Mexican citizen, is also subject to deportation following his prison term.
Perales-Castillo was encountered by an undercover investigator in a peer-to-peer file sharing network where he had 10 files of suspected child pornography available for download. Five of those videos were successfully downloaded and found to contain child pornography. Some of the images and videos involved children under the age of 12.
A search warrant was executed on Perales-Castillo’s home, at which time they seized several computers and storage devices. Perales-Castillo confessed that he had been downloading and viewing child pornography Via the internet. He further admitted that he had a particular interest in seven-year-old girls, but denied ever physically harming a child.
Perales-Castillo will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The arrest of Perales-Castillo was a result of Operation Child Guardian, which was launched by the Webb County Sheriff’s Office in 2009. The success of these investigations have put dozens of suspected child predators behind bars.
This case, prosecuted by Assistant U.S. Attorney Sarah Ellison, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."