Southern District of Texas
Press releases recorded for this federal judicial district.
Houston Cousins Sentenced for Conspiring to Commit Bank FraudRead the Press Release
HOUSTON – Two family members have been ordered to federal prison following their convictions for conspiracy and committing bank fraud, announced United States Attorney Kenneth Magidson. Tonya Beverly, 39, and her cousin Demetria Jones, 41, pleaded guilty in February 2015 and August 2014, respectively.
Today, U.S. District Judge Gray H. Miller ordered Beverly to serve a total of 63 months in federal prison to be immediately followed by three years of supervised release. Jones received a sentenced of 12 months and one day in prison at a hearing held yesterday. Both were ordered to pay restitution in the amount of $106,383.51.
Beverly admitting to creating false and fraudulent USAA Federal Savings Bank accounts using stolen personal and financial identification information and stealing $205,719 from those accounts. Beverly stole the personal information from patient files of health care providers for whom she worked and admitted to using a phone that was fraudulently registered in the name of another victim of identity theft. Jones was photographed withdrawing cash from ATM machines on two of the fraudulent accounts and the court heard how Jones performed hundreds of account transactions on those cards, one of which was activated with a pre-paid phone.
At the hearing today, the court heard about the complex and sophisticated nature of the fraud scheme, which involved using the USAA Internet and telephone banking systems to conduct thousands of banking transactions, and the use of fraudulent home addresses, fake email addresses and fake phone numbers in addition to all the stolen personal identification information. In less than two years, the conspirators created 33 fraudulent accounts and transferred approximately $205,719 into those accounts from the real bank accounts of at least 35 individuals, affecting 16 different banks.
Several of the victims were elderly or sick, including one who was born in 1922 and one who was born in 1929. The amount of loss for each victim varied to sums up to $24,000. Debit cards issued by USAA in the victims’ real names were received by the conspirators at homes that had been listed for sale or vacant. The conspirators then used the cards to withdraw cash from ATM machines, including machines located in Hawaii and Texas, and to make purchases, including plane tickets to Los Angeles, California.
USAA Federal Savings Bank, a financial institution insured by the Federal Deposit Insurance Corporation, credited and returned the stolen money to the individual victims and their banks.
USAA suffered a total loss of $106,383.51 which the court ordered Beverly and Jones to repay as restitution.
A third conspirator, Leatrice Reynaud, 45, of Houston, is scheduled for sentencing on Oct. 2, 2015.
The investigation leading to the charges was conducted by the U.S. Secret Service. Assistant U.S. Attorney Julie Redlinger prosecuted the case.
Houston Woman Convicted of Producing and Distributing Animal Crush VideosRead the Press Release
HOUSTON – A 24-year-old woman from Houston has been convicted of creating and distributing videos depicting the torture and killing of puppies, chickens and kittens, announced United States Attorney Kenneth Magidson. Ashley Nicole Richards entered a guilty plea today, admitting she produced and distributed what is referred to as “animal crush videos.”
People For the Ethical Treatment of Animals (PETA) defines the “crush” fetish as a cruel and illegal genre of pornography in which women are videotaped or photographed mutilating small animals for the sexual gratification of viewers. In crush fetish materials, women are depicted, usually barefoot or in high heels, stepping on (or crushing), torturing and killing different species of animals, ranging from crawfish, crabs and insects to rodents, rabbits, kittens, puppies, cats, dogs and other mammals.
Under federal law, it is illegal to depict - via photograph, motion-picture film, video, digital recording or electronic image - actual conduct in which one or more living non-human mammals, birds, reptiles or amphibians is intentionally crushed, burned, drowned, suffocated, impaled or otherwise subjected to serious bodily injury, and is obscene.
This is the first known case to be indicted in federal court since the statute was amended in 2010.
Richards has admitted to creating and distributing videos that involve puppies, chickens and kittens being tortured and killed. The videos are titled “puppy1,” “puppy 2,” “whitechick1,” “whitechick2,” “whitechick3,” “blackluvsample,” “adammeetseve” and “adammeetseve2” and were created at varying times between February 2010 and August 2012. In the “puppy2” video, which is more than 13 minutes in length, Richards is seen torturing and killing a blue Pit Bull-mix puppy in a kitchen. The defenseless dog’s mouth is closed with duct tape and he struggles as Richards strikes the dog numerous times with a meat cleaver. In the video, Richards chops off one of the puppy’s paws, then hacks at his head and neck. Richards is later seen severing the dog’s head and urinating on its body. In another video, described in court today, Richards steps on a cat’s eye with heel of her shoe.
Previous court records also indicated that during the videos, Richards is often scantily clad and wearing a Mardi Gras-type mask. As she tortured the animals, she engaged in sexually charged dialogue meant to arouse the viewer.
Authorities were alerted to the videos following an inquiry from PETA.
Richards was originally arrested on state charges on Aug. 15, 2012. A federal grand jury returned an indictment Nov. 28, 2012, and she was transferred to federal custody. However, the crush video charges were later dismissed on what the court cited as constitutionality issues. The government appealed that decision to the 5th Circuit Court of Appeals in New Orleans which subsequently overturned the decision of the District Court. The defense then filed a petition for a writ of certiorari to the U.S. Supreme Court challenging the 5th Circuit’s ruling. The U.S. Supreme Court denied that petition and remanded the case back to the District Court for prosecution.
Today, Richards pleaded guilty to all five counts as charged - four counts of producing and one count of distribution of the animal crush videos which were obscene in nature. U.S. District Judge Sim Lake accepted the guilty pleas and has set sentencing for Dec. 10, 2015. At that time, Richards faces up to seven years in federal prison on each count of conviction as well as possible $250,000 fine.
Richards also pleaded guilty to three charges in state court stemming from the same conduct and was sentenced to 10 years in prison.
The Houston Police Department originally investigated the matter and worked in conjunction with the Houston Office of the FBI. Assistant U.S. Attorney Sherri L. Zack is prosecuting the case, while trial attorney John Pellettieri of the Department of Justice’s Criminal Division handled the appeal.Houston Woman Convicted of Producing and Distributing Animal Crush VideosRead the Press Release
Ashley Nicole Richards 24, of Houston, Texas, has been convicted of creating and distributing videos depicting the torture and killing of puppies, chickens and kittens, announced U.S. Attorney Kenneth Magidson for the Southern District of Texas. Richards entered a guilty plea today, admitting she produced and distributed what is referred to as “animal crush videos.”
People for the Ethical Treatment of Animals (PETA) defines the “crush” fetish as a cruel and illegal genre of pornography in which women are videotaped or photographed mutilating small animals for the sexual gratification of viewers. In crush fetish materials, women are depicted, usually barefoot or in high heels, stepping on (or crushing), torturing and killing different species of animals, ranging from crawfish, crabs and insects to rodents, rabbits, kittens, puppies, cats, dogs and other mammals.
Under federal law it is illegal to depict - via photograph, motion-picture film, video, digital recording or electronic image - actual conduct in which one or more living non-human mammals, birds, reptiles or amphibians is intentionally crushed, burned, drowned, suffocated, impaled or otherwise subjected to serious bodily injury, and is obscene.
This is the first known case to be indicted in federal court since the statute was amended in 2010.
Richards has admitted to creating and distributing videos that involve puppies, chickens and kittens being tortured and killed. The videos are titled “puppy1,” “puppy 2,” “whitechick1,” “whitechick2,” “whitechick3,” “blackluvsample,” “adammeetseve” and “adammeetseve2” and were created at varying times between February 2010 and August 2012. In the “puppy2” video, which is more than 13 minutes in length, Richards is seen torturing and killing a blue Pit Bull-mix puppy in a kitchen. The defenseless dog’s mouth is closed with duct tape and he struggles as Richards strikes the dog numerous times with a meat cleaver. In the video, Richards chops off one of the puppy’s paws, then hacks at his head and neck. Richards is later seen severing the dog’s head and urinating on its body. In another video, described in court today, Richards steps on a cat’s eye with heel of her shoe.
Previous court records also indicated that during the videos, Richards is often scantily clad and wearing a Mardi Gras-type mask. As she tortured the animals, she engaged in sexually charged dialogue meant to arouse the viewer.
Authorities were alerted to the videos following an inquiry from PETA.
Richards was originally arrested on state charges on Aug. 15, 2012. A federal grand jury returned an indictment Nov. 28, 2012, and she was transferred to federal custody. However, the crush video charges were later dismissed on what the court cited as constitutionality issues. The government appealed that decision to the 5th Circuit Court of Appeals in New Orleans which subsequently overturned the decision of the District Court. The defense then filed a petition for a writ of certiorari to the U.S. Supreme Court challenging the 5th Circuit’s ruling. The Supreme Court denied that petition and remanded the case back to the District Court for prosecution.
Today, Richards pleaded guilty to all five counts as charged, four counts of producing and one count of distribution of the animal crush videos which were obscene in nature. U.S. District Judge Sim Lake accepted the guilty pleas and has set sentencing for December 10. At that time, Richards faces up to seven years in federal prison on each count of conviction as well as possible $250,000 fine.
Richards also pleaded guilty to three charges in state court stemming from the same conduct and was sentenced to ten years in prison.
The Houston Police Department originally investigated the matter and worked in conjunction with the Houston Office of the FBI. Assistant U.S. Attorney Sherri L. Zack is prosecuting the case, while trial attorney John Pellettieri of the Department of Justice’s Criminal Division handled the appeal.
Rockport Man Arrested for Online Solicitation of A MinorRead the Press Release
CORPUS CHRISTI, Texas – Calvin Nesmith, 28, of Rockport, has been arrested on charges of coercion or enticement of a minor, announced U.S. Attorney Kenneth Magidson.
Nesmith was arrested today upon the filing of a criminal complaint. He is expected to make his initial appearance this afternoon before U.S. Magistrate Judge B. Janice Ellington.
The criminal complaint alleges Nesmith was communicating with a person he believed was the mother of two minor female children. In reality, he was actually talking to an undercover Homeland Security Investigations (HSI) agent from Laredo. During the course of the communications, Nesmith allegedly made arrangements to meet and engage in sexual activity with the mother’s minor female children. The complaint further alleges Nesmith also sent sexually explicit photographs depicting images of child pornography through text messages and emails to the undercover agent.
He was apprehended today as he arrived at the designated meeting place. At the time of his arrest, the complaint alleges he had several electronic devices and condoms with him.
The charges against Nesmith were the result of an investigation conducted by HSI 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Spring Man Lands in Federal Prison for Stealing MailRead the Press Release
HOUSTON – A 33-year-old Spring man has been ordered to prison after he admitted to breaking into a U.S. Postal Service (USPS) mail collection box and stealing people’s mail, announced U.S. Attorney Kenneth Magidson. Edward Wayne Rothlander pleaded guilty March 10, 2015.
Today, U.S. District Judge David Hittner, who accepted the guilty plea, handed Rothlander a 37-month sentence to be immediately followed by three years of supervised release.
As part of his plea, Rothlander admitted that on or about Dec. 22, 2014, he knowingly broke into an outside mail collection box at the U.S. Post Office located at 211 Baker Road in Houston and stole several pieces of mail.
The investigation began following the break-in of a USPS blue mail collection box on three occasions in a two-month period in late 2014. On or about Dec. 12, 2014, authorities placed a parcel that contained a GPS tracker inside the collection box. Shortly thereafter, the tracker emitted a signal meaning that the parcel was taken. The signal was traced to a location on Rivergate in Spring.
Using surveillance photos, authorities were able to identify Rothlander and the vehicle he used in the crime.
Rothlander admitted to authorities they would find stolen mail at his residence on Diane Lane. He further admitted that he had thrown away what he thought to be a garage door opener at the Rivergate location. Authorities located the device, which was actually the GPS tracker.A search was also conducted at Rothlander’s residence, at which time authorities located a black Outdoor Products back pack, a cardboard box and a small blue box, all of which contained stolen mail. The individuals who had mailed some of the items were contacted and reported they had mailed multiple Christmas cards from the Baker Road Post Office.
Authorities recovered 90 uncashed checks with a total intended loss of $75,796.04.
Rothlander will remain in custody pending 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 the U.S. Postal Inspection Service, Harris County Sheriff’s Office and the Harris County Precinct 4 Constables Office. Assistant U.S. Attorneys Mel Pechacek and Megan Paulson are prosecuting the case.
San Juan Man Convicted of Downloading Sadistic Child Pornography VideosRead the Press Release
McALLEN, Texas – A 29-year-old resident of San Juan has entered a guilty plea to one count of receipt of child pornography, announced U.S. Attorney Kenneth Magidson
Ruben James 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.
U.S. District Judge Micaela Alvarez, who accepted the guilty plea today, has set sentencing for Nov. 19, 2015. At that time, Rios faces a minimum of five and 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 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."
Mexican National Man Convicted in Alien Smuggling Case that Resulted in a DeathRead the Press Release
McALLEN, Texas – A 31-year-old man from Mexico has admitted he knowingly transported an illegal alien within the United States for private financial gain, announced U.S. Attorney Kenneth Magidson. As part of the plea, Victor Manuel Moreno-Ruiz, also admitted that during the course of the illegal conduct, a female illegal alien died.
During his plea today, Moreno admitted that on Aug. 4, 2014, he served as a foot guide responsible for smuggling a group of undocumented aliens into the United States. He instructed them how to walk along the side of the bridge and how to scale down from the bridge at the Pharr Port of Entry. In the process of crossing the bridge, a female illegal alien fell off the bridge and sustained severe injuries. As part of his plea, Moreno admitted that he left the injured woman behind and continued to smuggle the remaining members of the group.
The next day, law enforcement officers discovered the deceased body of the female victim. An autopsy revealed that she had died as a result of blunt force trauma due to a fall.
U.S. District Judge Micaela Alvarez accepted the plea and has set sentencing for Nov. 12, 2015. At that time, he faces up to life in federal prison and a possible $250,000 fine.
The charges were the result of an investigation conducted by Homeland Security Investigations with assistance by Border Patrol, Pharr Police Department and Hidalgo County Sheriff’s Office. Assistant U.S. Attorneys Kimberly Ann Leo and Alex Benavides are prosecuting the case.
Laredo Resident Sentenced in Alien Smuggling caseRead the Press Release
LAREDO, Texas – A 34-year-old Laredoan has been ordered to federal prison following his conviction of alien smuggling, announced U.S. Attorney Kenneth Magidson. Jose Alfredo Lopez pleaded guilty Oct. 6, 2014.
Today, Senior U.S. District Judge George P. Kazen sentenced Lopez to 50 months, to be followed by three years of supervised release.
In June 2014, Lopez picked up three Honduran nationals who had just crossed the Rio Grande River into the United States and offered to help them. Lopez, who already has an extensive criminal history including a prior conviction for alien smuggling, then took the aliens to his apartment where he demanded money before letting them go. When the money was not immediately forthcoming, Lopez told one of the aliens that she had to pay with either money or her body and attempted to sexually assault her several times.
At the sentencing, Lopez admitted he had harbored illegal aliens for profit, but denied the attempted sexual assault. The alien who had been the target of the attempted sexual assault testified about the incidents, with specific details about the various threats he had made towards the aliens.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Sonah Lee.
Laredo Tax Return Preparer IndictedRead the Press Release
LAREDO, Texas – The owner of Premier Fastax in Laredo and Rio Bravo has been taken into custody on charges of tax fraud, announced U.S. Kenneth Magidson along with Special Agent in Charge Rick Goss of Internal Revenue Service – Criminal Investigation (IRS-CI). Maria Elena Ramirez is charged in a 23-count indictment alleging she assisting in the preparation of false tax returns, filed false tax returns and obstructing the Internal Revenue Code.
The indictment was returned under seal Aug. 18, 2015, and unsealed upon her arrest today. She is expected to make her initial appearance before U.S. Magistrate Judge Guillermo Garcia tomorrow at 9:00 a.m.
The Indictment alleges Ramirez falsified employment and income on her client’s tax returns so that they qualified for tax credits and refund checks they otherwise could not have obtained. Ramirez also allegedly falsified her own tax returns by understating her business income and taxable income. According to the indictment, Ramirez also attempted to obstruct the IRS investigation by filing false supporting documentation with the IRS and by instructing some of her clients to lie to IRS agents who were investigating her.
Ramirez faces up the three years in federal prison if convicted of any of the charges as well as a possible $100,000 fine.
The investigation leading to the charges was conducted by IRS - CI. Assistant U.S. Attorney Robert S. Johnson 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.Mexican Man Gets Max for Delivering Grenades to Undercover AgentsRead the Press Release
McALLEN, Texas – Mario Alberto Garcia-Balderas, 45, of Mexico, has been ordered to prison following his convictions related to unlawful possession of firearms, announced U.S. Attorney Kenneth Magidson.
A federal jury convicted Garcia-Balderas Feb. 23, 2015, following a four-day trial of both counts as charged – being an alien illegally and unlawfully in the United States in possession of a firearm and for being a felon in possession of a firearm. Today, Chief U.S. District Judge Ricardo Hinojosa, who presided over trial, ordered Garcia-Balderas serve the statutory maximum of 10 years in federal prison.
The court also sentenced Garcia-Balderas in a separate case which charged him with the immigration offense of re-entry after deportation to which he had previously pleaded guilty. The court sentenced him to 96 months in federal prison, 30 months of which was ordered to be served consecutively to the sentence in the firearms case.
In handing down the sentence, Judge Hinojosa noted that he had sentenced Garcia-Balderas twice before in federal cases and yet he still illegally re-entered the country and committed this very serious crime involving grenades. As an illegal alien, Garcia-Balderas is again expected to face deportation proceedings following his release from prison.
“Today's sentencing sends a clear message to individuals who purchase, transport or facilitate the attempted smuggling of weapons, ammunition and other related items, said Special Agent in Charge James Spero of Homeland Security Investigations (HSI) in San Antonio. “Preventing these items from being acquired from or delivered to the wrong hands is a top priority for HSI. We will continue working with our domestic and international law enforcement partners in this effort.”
The investigation began in September 2009 after federal agents received information that an individual or individuals were offering grenades for sale in the United States. Testimony at trial indicated Garcia-Balderas delivered improvised explosive device grenades to undercover agents on three occasions – Sept. 17, Sept. 21, and Sept. 28, 2009. Prior to the delivery of the grenades on Sept. 21, Garcia-Balderas received payment for the grenades in currency totaling $24,960.
Garcia-Balderas stipulated to the fact that he is a citizen of Mexico and that he had no status to be in the United States legally during 2009. He also agreed that prior to September 2009, he was previously convicted of a crime punishable by imprisonment for a term exceeding one year.
As an illegal alien and a convicted felon, he is prohibited by federal law of possessing firearms or ammunition.
Garcia-Balderas 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 HSI and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Toni Trevino is prosecuting the case.
McAllen Area Marketer Pleads Guilty to Health Care Fraud SchemeRead the Press Release
McALLEN, Texas ‐ A marketer for several area home health agencies has entered a guilty plea to conspiracy to commit health care fraud for her role in a scheme to defraud the Medicare program, announced U.S. Attorney Kenneth Magidson.
Martha Lidia Flores, 51, of Pharr, admitted to engaging in a kickback scheme of exchanging referrals of Medicare beneficiaries for money. From Nov. 15, 2010, to July 9, 2012, Flores issued 11 illegal kickback checks to co-conspirator Argentina Cavazos, 57, of Hidalgo, in exchange for referrals of Medicare beneficiaries. The information was then used by home health care companies to bill Medicare.
Flores admitted to using the patient information she bought from Cavazos to create fraudulent referral forms to submit to the numerous home health companies where she was employed. Claims were subsequently filed with Medicare based on the fraudulent referral forms.
Flores admitted she forged the signatures of physicians on the referral forms, knowing that the physicians did not authorize the need for home health services and/or that the beneficiaries did not need or qualify for home health services. Flores also admitted that she was illegally compensated for the patient referrals.
U.S. District Judge Randy Crane, who accepted the plea today, has set sentencing for Nov. 9, 2015. At that time, she faces up to 10 years in federal prison and a possible $250,000 fine. Flores previously pleaded guilty to illegal remunerations for her role in the scheme and will be sentenced Oct. 15, 2015.
The investigation leading to the charges was conducted by the U.S. Department of Health and Human Services ‐ Office of Inspector General and the FBI. Assistant U.S. Attorney Michael Day is prosecuting the case.
Jury Convicts 2 Men in Multiple Violent Robberies in and Around HoustonRead the Press Release
HOUSTON – Two men have been convicted on all federal counts as charged, to include the violent robberies of mobile phone stores and related firearms charges, announced U.S. Attorney Kenneth Magidson. The federal jury convicted Clarence Buck, 33, of Humble, and Kendall Allen, 24, of New Orleans, on all 14 and 11 counts, respectively, following an eight-day trial and approximately six hours of deliberation.
Both men were convicted conspiracy to interfere with commerce by robbery and five counts each of aiding and abetting interference with commerce by robbery and aiding and abetting using and carrying a firearm during and in relation to a crime of violence. Buck was also convicted of being a felon in possession of a firearm as well as an additional count of aiding and abetting interference with commerce by robbery and an additional count of aiding and abetting using and carrying a firearm during and in relation to a crime of violence.
Over the course of the trial, the government presented 19 witnesses and 96 evidentiary exhibits, which included surveillance videos, photos, cell phone tower analysis as well as specific firearms believed used in the crimes and items of jewelry and cell phones stolen in the crimes.
According to the prosecution, on at least three occasions in November 2012, Buck assembled various crews to rob T-Mobile stores, stealing approximately 750 phones with a total approximate value of nearly $350,000. He also assembled a crew to rob the Houston Bargain Center which resulted in losses of approximately $500,000. After each robbery, Buck would sell the phones and other items and distribute the proceeds among the crews.
The first occurred on Nov. 2, 2012, when Buck assembled a crew to rob the location at 10961 North Freeway. Buck conducted surveillance outside, while three others entered the store. Allen and Deandre White were carrying handguns as they herded customers and store employees into a back room at gun point. A total of 314 phones were stolen. White, 23, of Houston, previously pleaded guilty in a related case and was sentenced to a term of federal imprisonment of 188 months.
Four days later, on Nov. 6, 2012, Buck assembled a crew to rob the T-Mobile store located at 5819 Gulf Freeway. Buck again conducted surveillance, while White and Allen executed the robbery. Allen carried an AR-15 assault rifle, while White carried handgun. Customers and employees were forced into a back room at gun point, while 282 phones were taken.
On Nov. 13, 2012, Buck and a crew he had assembled targeted the T-Mobile store located at 2902 North Shepard. Allen and White again entered the store armed with handguns, while Buck was outside conducting surveillance. During the course of this robbery, testimony revealed Allen exited the store and assaulted a customer outside, wrestled him to the ground and attempted to drag him into the store. Customers and store employees were again held at gun point while they stole 149 phones.
Then on Nov. 23, 2012, Buck assembled another crew and targeted the Houston Bargain Center located at 10022 Homestead Road. Buck was outside, while nine masked men, including Allen - armed with an AR-15 assault rifle - entered the store and forced employees and customers to the ground. The robbers broke more than 15 glass display cases with hammers and removed the jewelry inside of them. The owners of the stores that were robbed reported a loss of more than $500,000. A search warrant was executed Nov. 28, 2012, at Buck’s residence in Humble which resulted in the recovery of a number of the items of jewelry stolen, more than $29,000 in cash and the AR-15 rifle used by Allen in the robbery.
The jury also heard that Buck was initially charged in state court, but posted bond. Authorities observed Buck as he assembled a crew that later committed a robbery of the T-Mobile store located at 8498 Sam Houston Parkway. He was arrested again July 24, 2013.
Buck’s defense attempted to convince the jury that he was not involved in the robberies or gun offenses. He claimed he only acted as a fence hired by others to sell the stolen property. Allen also tried to tried to tell the jury he was not involved. They were unconvinced and found both men guilty as charged.
As a result, these men face incredible sentences. For the conspiracy and aiding and abetting the robberies, the possible sentence is up to 20 years in federal prison. Buck also faces up to 10 years for being a felon in possession. Upon the first aiding and abetting firearms conviction, both men face a mandatory seven years which must be served consecutively to any other prison term imposed. Moreover, for each subsequent firearms conviction, they must serve 25 years in prison, each of which must be served consecutively to each other, to the first firearms conviction and to the underlying robbery charge. In short, the minimum sentence Buck and Allen face is 132 and 107 years in federal prison, respectively.
U.S. District Judge David Hittner presided over the trial and has set sentencing for Nov. 24, 2015, at 2:00 p.m. They will remain in custody pending that hearing.
Several others have previously pleaded guilty for their respective roles in the robbery conspiracy. Those include Michael George, 34, Russell Parker, 42, Shelton Watterson, 29, Danny Moore, 49, Son-Tanna Hewitt, 29, and Donald Holmes, 46, all of Houston; and Zeeshan Yasin, 24, and Rafey Khan, 25, of Karachi, Pakistan, but who resided in Houston.
The charges are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Houston Police Department, the U.S. Marshals Service and the Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard D. Hanes and Jennie Basile are prosecuting the case.
Houston Man Sentenced on Gun ChargeRead the Press Release
HOUSTON – A Houston man arrested earlier this year following his social media posts regarding ISIS has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Kenneth Magidson. Frederick Remon Robinson, 46, pleaded guilty June 3, 2015.
Today, U.S. District Judge Sim Lake ordered he serve 30 months in federal prison to be immediately followed by three years of supervised release.
Robinson was arrested in April 2015 following an investigation launched after he publicly posted several messages on various social media sites such as Twitter. Those posts claimed such comments as “if white people hate ISIS so much, then I like ISIS. The enemy of my enemy is my friend. #chopthemheadsoff Amerikkka is the Black Man’s Foe.” He further tweeted such statements as “I say, don’t hesitate – start shooting in their cars. empty whole clips. find them at home and fire bomb it. anything., do something.”
Robinson also posted pictures of firearms he owned and demonstrated how to load firearms in videos he posted online. Robinson had previously been convicted in Harris County of possession of a controlled substance with the intent to deliver. At the time of his plea, Robinson admitted he possessed a Heckler & Koch, model VP9, 9mm caliber pistol and a Smith & Wesson, model MP-15, .223 caliber rifle. As a convicted felon, he is prohibited from possessing a firearm per federal law.
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 a joint federal task force that includes the Bureau of Alcohol Tobacco, Firearms and Explosives and the FBI. Assistant U.S. Attorney Alamdar S. Hamdani is prosecuting the case.
Former JP and Bail Bondsman Sentenced on Federal Extortion ChargesRead the Press Release
LAREDO, Texas – A former Webb County justice of the peace (JP) and a former bail bondsman have been ordered to federal prison following their convictions of conspiracy and extortion under color of official right, announced U.S. Attorney Kenneth Magidson. Former Webb County Precinct 2, Place 2, JP Ricardo Rangel, 49, pleaded guilty Sept. 4, 2014, while former bail bondsman Juan Enrique Rodriguez, 36, entered his plea Dec. 17, 2014.
Today, U.S. District Judge Diana Saldaña ordered Rangel, of Laredo, to serve 37 months in federal prison, while Rodriguez, also of Laredo, was sentenced to a 13-month-term. They will both be required to serve three years of supervised release following completion of their sentences. The court found Rangel had received multiple bribes and was a public official in a high-level decision making or sensitive position at the time he committed the crime and that Rodriguez had paid multiple bribes to have Rangel reduce bonds of criminal defendants. Rangel and Rodriguez were also ordered to pay fines in the amount of $5,000 and $15,000, respectfully.
The investigation established that on or about March 25, 2012, Rangel, while performing his duties as a JP, did knowingly and unlawfully accept $250 not due him or his office from Rodriguez. In turn, Rangel granted a $1,000 surety bail bond on an individual who had been arrested and charged with the Texas State criminal offense of driving while intoxicated.
Both were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by the FBI. Assistant U.S. Attorneys Daniel C. Rodriguez and Roberto Ramirez prosecuted the case.
Attempting to Export Ammunition to Mexico Sends Woman to Federal PrisonRead the Press Release
BROWNSVILLE, Texas - A 53-year-old resident alien from Mexico who resided in Brownsville, has been ordered to federal prison following her conviction of attempting to export 3,500 rounds of ammunition and one AK-47 rifle, announced U.S. Attorney Kenneth Magidson. Rosa Maria Melendez-Jimenez was convicted in May 2015, following a three-day trial and less than two hours of deliberation.
Today, U.S. District Judge Andrew S. Hanen, who presided over the trial, handed Melendez-Jimenez a total sentence of 78 months in federal prison. Melendez-Jimenez is expected to face deportation proceedings following her release from prison.
During trial, the jury heard that law enforcement suspected that a possible unlawful exportation of ammunition was going to occur at the Gateway International Bridge. Investigators conducted surveillance there and stopped Pedro Ramirez-Aguirre who was in possession of a dolly loaded with two black duffle bags. The bags were found to contain a total of 2,500 rounds of 7.62 x 39 mm caliber ammunition, 1,000 rounds of .223 caliber ammunition, one AK-47 rifle, one large capacity .223 rifle magazine, two 7.62 x 39 mm rifle magazines and tactical gear.
Law enforcement followed the vehicle that dropped Ramirez-Aguirre off at the bridge which led them to the home of Melendez-Jimenez. The investigation continued and agents soon recovered a third duffle bag in the alley behind her home. That bag was found to contain 2,500 rounds of 7.62 x 39 mm caliber ammunition.
Melendez-Jimenez admitted she had received all three bags with the intent of delivering them to Ramirez-Aguirre for unlawful exportation to Mexico.
Melendez-Jimenez will remain in custody pending 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 and the Cameron County Sheriff’s Office. Assistant U.S. Attorneys Israel Cano III and David Coronado are prosecuting the case.
Grand Jury Indicts Local Daycare Worker for Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – The daycare worked arrested earlier this month on allegations she produced child pornography has been indicted by a federal grand jury, announced U.S. Attorney Kenneth Magidson. Christina Cortez, 38, of Corpus Christi, allegedly produced the graphic images while working at a daycare facility in Corpus Christi and further distributed them to Matthew Harbin, 29, of Brownsville. Harbin was also indicted.
Cortez was ordered into custody following a detention hearing held after the filing of a criminal complaint. At that hearing, the court found probable cause she committed the crimes alleged and a danger to the community and ordered she be detained pending further criminal proceedings. Harbin was already in state custody on related charges and has been transferred to federal custody. Both are expected to make an initial appearance on the indictment returned today in the near future.
The indictment charges both with production of child pornography.
According to the criminal complaint, the case began after Harbin was identified as providing images to an undercover officer in England. Using the email address [email protected], Harbin allegedly first provided three photos of a child clothed and not sexually posed, but that appeared to be taken at a daycare facility. The complaint alleges that he stated he had more pictures, wanted to trade and asked the person if they had a daughter and how young they were “in to.” Harbin later allegedly sent five more pictures of what appears to be the same female child, but that were sexually explicit in nature. One image depicts the child laying down on a blue mat with her dress lifted and her lower body exposed, according to the charges. Other images allegedly depict an adult female’s hand making contact with a child’s private area.
Further investigation revealed Harbin had previously received the images from Cortez in July 2014, according to the complaint. In their communications, Cortez claimed to work at a daycare facility where she allegedly obtained the images. Cortez allegedly sent images of the same female child involved in sexually explicit conduct. The child’s genitals appear to be the focus of all three of the aforementioned images, according to the complaint, one of which includes the child fondling herself.
In their communications, both Harbin and Cortez allegedly indicate a desire to engage with children. During one conversation, the complaint alleges Cortez told Harbin “I would love to watch us with her. 2 & half.”
If convictedboth face a minimum of 15 and up to 30 years in federal prison
The charges are the result of an investigation by Homeland Security Investigations 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."
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Fort Bend County Man Indicted on Child Pornography ChargesRead the Press Release
HOUSTON – A 63-year-old Missouri City man has been indicted on federal child pornography charges, announced U.S. Attorney Kenneth Magidson. The three-count indictment charges Louis Clifford Smith Jr. with one count each of receipt, access with intent to view and possession of child pornography.
The indictment was returned today. He is expected to make his initial appearance before a U.S. magistrate judge in the near future.
Court documents allege that Smith came to the attention of law enforcement after investigators found evidence he was accessing files from a website known to contain child pornography. According to the criminal complaint originally filed in the case, a search warrant was executed on Smith’s Missouri City residence on July 31, 2015, at which investigators found a voluminous number of images of prepubescent girls with their genitals lasciviously displayed and being penetrated in a variety of ways.
Smith appeared in court at a hearing on the initial charges on Aug. 6, 2015. At that time, the government presented evidence that he had more than 60,000 images and more than 4,500 videos of child pornography.
If convicted, Smith faces a minimum of five and up to 20 years imprisonment for the receipt of child pornography, while the other two charges carry a possible term of up to 10 years in federal prison.
The charges are the result of an investigation by the FBI and the Pearland Police Department.
This case, prosecuted by Assistant U.S. Attorney Sherri Zack and Kimberly 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."
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former TSA Agent Indicted on Multiple Counts Related to Child PornographyRead the Press Release
HOUSTON – A federal grand jury has returned a four-count indictment against as 27-year-old man from the North Houston area in relation to the sexual exploitation of a child, announced U.S. Attorney Kenneth Magidson. Christopher Lynn Persky is charged with one count each of production, distribution, receipt and possession of child pornography.
The indictment was returned today. Persky is expected to make his initial appearance before a U.S. magistrate judge in the near future.
According to the criminal complaint originally filed in the case, Persky first came to the attention of law enforcement after an individual identified online as CHRISPYTWEAK had sent images of child erotica to an undercover agent using the chat feature on a known child pornography site. At that time, Persky allegedly provided his full name and further claimed to work for TSA, according to the criminal complaint. He is no longer employed by TSA.
Court documents allege that Persky took sexually explicit photographs of a minor male under the age of five. According to the complaint, Persky took the images and was to send them to another individual with whom he was communicating in exchange for more images of child pornography.
The criminal complaint further alleges that while at his previous residence in Spring, Persky allegedly took partially nude images of a minor relative’s female friend while she was sleeping. Persky also allegedly took photos of a female relative as she was getting out of the shower to show to his online child pornography community.
If convicted, Persky faces a minimum of 15 and up to 30 years in federal prison for the production of child pornography. He further faces a minimum of five and up to 20 years imprisonment for the distribution and receipt allegations, while the possession of child pornography carries a possible punishment of up to 10 years in federal prison.
The charges are the result of an investigation by Homeland Security Investigations.
This case, prosecuted by Assistant U.S. Attorneys Sherri Zack and Kimberly 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."
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Another Former Soldier Convicted of Alien SmugglingRead the Press Release
BROWNSVILLE, Texas – A fourth soldier, formerly on active duty with the U.S. Army based at Fort Hood, has admitted she is guilty of alien smuggling charges, announced U.S. Attorney Kenneth Magidson. Yashira Marie Perez-Morales, 25, of Killeen, appeared in court today and admitted she smuggled undocumented aliens pass the immigration checkpoint located at Sarita.
Three other former soldiers have also been convicted. Eric Alexander Rodriguez, 20, from Odem, Brandon Troy Robbins, 20, from San Antonio, and Christopher David Wix, 21, from Abilene, were all formerly on active duty with the U.S. Army based at Fort Hood. They were charged along with Arnoldo Gracia, 45, from Harlingen, who also entered a plea of guilty.
Evidence presented at the guilty plea today proved that during late spring to early fall 2014, Gracia provided undocumented aliens to Rodriguez, Robbins, Wix and Perez-Morales who would then drive separately through the immigration checkpoint located at Sarita. The former soldiers were successful on several occasions as they hid the aliens under their military gear. However, on three separate occasions occurring on April 13, June 21 and Sept. 11, 2014, authorities discovered the aliens with Robbins, Wix, and Rodriguez, respectively. That prompted Homeland Security Investigations (HSI) to further the overall investigation which led to the identification of Gracia and Perez-Morales.
U.S. District Judge Andrew S. Hanen, who accepted the guilty plea, has set the sentencing for Perez-Morales for Nov. 30, 2015. Rodriguez, Robbins and Gracia are set for Oct. 6, 2015, before U.S. District Judge Hilda Tagle. At that time, each faces up to 10 years in federal prison and a possible $250,000 fine. U.S. District Judge Hilda Tagle sentenced Wix on July 7, 2015, to a term of 12 months and one day to be followed by two years of supervised release.
The charges are the result of an investigation conducted by HSI with the assistance of Customs and Border Protection. Assistant U.S. Attorney Oscar Ponce is prosecuting the case
Two Sentenced for Tax Refund Fraud SchemeRead the Press Release
HOUSTON – Two area residents have been ordered to federal prison for their participation in a scheme to obtain tax refunds in the names of others, announced U.S. Attorney Kenneth Magidson. Carey Jermaine Johnson aka Jermaine Johnson, 38, of Houston, and Tarmera Renee Wyckoff aka Toni Wyckoff, 39 of Richmond, had each pleaded guilty to conspiracy to commit mail and wire fraud, conspiracy to make false claims to the IRS and making a false claim to the IRS.
Today, U.S. District Judge Gray Miller ordered Johnson to serve 28 months in prison, while Wyckoff will serve a 41-month-term. Johnson and Wyckoff were further ordered to pay $705,323 and $472,591.37 in restitution, respectively. A third defendant - Cheryl Reed Johnson aka Shawnee Reed and Cheryl Reed, 38, of Humble, is set for sentencing on Sept. 10, 2015.
The scheme for which all were convicted involved the electronic submission of federal tax returns in the names of numerous individuals, each of which falsely claimed tax credits that resulted in a refund. The defendants directed most of those refunds into their bank accounts or those of their co-conspirators. The co-conspirators claimed more than $2,261,000 in false first time home buyer credits on the 2008 returns filed with the IRS. Those fraudulent claims resulted in the defendants and their co-conspirators claiming more than $2,329,000 in fraudulent refunds.
Carey Johnson was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. Wyckoff and Cheryl Johnson will remain in custody.
This investigation was conducted by IRS-Criminal Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorney Melissa Annis is prosecuting the case.
Houston Jury Convicts Illegal Alien for Possession of a FirearmRead the Press Release
HOUSTON – A federal jury has convicted a 34-year-old illegal alien who resided in Houston on one count of being an illegal alien in possession of a firearm, announced U.S. Attorney Kenneth Magidson. The verdict was returned less than an hour ago against Ciro Gomez Cardenas, 34, of Guerrero, Mexico, following a two-day trial and approximately two hours of deliberation.
During trial, the jury heard the testimony of several law enforcement officers who stated they had met with Cardenas at his residence in Houston on March 2, 2015. At that time, he admitted to having a firearm, a 20-gauge Mossberg pistol grip shotgun. In addition to the gun, Cardenas also possessed 64 rounds of 20-gauge and 12-guage shotgun shells. Cardenas was in the country illegally and per federal law, not permitted to possess a firearm.
Agents conducted a search of the residence and discovered the weapon and ammunition, which were manufactured in Connecticut and Arkansas, respectfully, and had traveled in interstate commerce.
Cardenas argued that he was holding the shotgun for a friend who had been previously deported to Mexico approximately two years ago. He further attempted to convince the jury that because he did not purchase the gun, he could not be in possession of it.
The jury was not persuaded and ultimately found him guilty as charged.
U.S. District Judge Keith P. Ellison presided over the trial and has set sentencing for Nov. 17, 2015, at which time Cardenas faces a maximum of up to 10 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations. Authorities with Citizenship and Immigration Services also provided testimony at trial.
Special Assistant U.S. Attorney Rick Bennett and Assistant U.S. Attorney Julie Searle prosecuted the case.
Border Patrol Supervisor Guilty of Stealing Social Security BenefitsRead the Press Release
LAREDO, Texas – A Border Patrol supervisor has entered a guilty plea to stealing his deceased grandmother’s Social Security benefits, announced U.S. Attorney Kenneth Magidson. James J. Doran, 54, entered a guilty plea today before U.S. Magistrate Judge J. Scott Hacker.
At the hearing, Doran admitted he failed to report his grandmother’s death to the Social Security Administration (SSA) in February 2000. After her death, Doran continued to negotiate his grandmother’s monthly widow’s benefits which were being deposited into their joint bank account. He admitted he stole the funds from the time of his grandmother’s death until August 2011. As a result of the illegal behavior, he collected a total of $108,516 in Social Security benefits to which he was not legally entitled.
Doran was permitted to remain on bond pending his sentencing hearing, which will set at a later date before Senior U.S. District Judge Kazen. At the time of sentencing, he will face up to 10 years in federal prison and a possible $250,000 fine.
The charges are the result of an investigation conducted by SSA - Office of Inspector General, Department of Homeland Security - Office of Inspector General and the Bureau of Vital Statistics Fraud Unit. Assistant U.S. Attorney Christopher A. dos Santos is prosecuting the case.
Previously Indicted McAllen Area Doctor Charged Again and Ordered into CustodyRead the Press Release
McALLEN, Texas ‐ A McAllen area doctor, previously indicted in an illegal kickback scheme, has been charged on new allegations of health care fraud for his scheme to defraud Medicare, announced U.S. Attorney Kenneth Magidson.
Dr. Eduardo Carrillo, 42, of Edinburg, was previously released on bond on the initial charges in June 2015. Following the return of the superseding indictment on Tuesday, Aug. 18, 2015, the government filed a motion to revoke that bond, alleging he violated his previously imposed conditions and engaged in illegal conduct, to include health care fraud. At a hearing held today, U.S. District Judge Randy Crane ordered Carrillo surrender to authorities at the time of his initial appearance on the superseding indictment to be held tomorrow at 11:00 a.m. before U.S. Magistrate Judge Dorina Ramos.
The 12-count superseding indictment alleges Carrillo attempted to cause others to bill Medicare for 34 patients who were actually deceased on the dates Carrillo claimed to have provided services to the them. Carrillo allegedly submitted fraudulent documentation to a billing company so that the company would file claims with Medicare for reimbursement of physician services.
Carrillo was previously charged along with his assistant, Martha Medrano, 47, also of Edinburg, in an indictment returned June 9, 2015, for their scheme to solicit and obtain illegal kickbacks in exchange for patient referrals. In that scheme, Carrillo and Medrano allegedly solicited and obtained cash in exchange for referrals of Medicare beneficiaries to prospective home health agencies.
The superseding indictment charges Carrillo with six new counts of health care fraud in addition to the previously filed charges, which include three counts of illegal remunerations, one count of making false statements and two counts of aggravated identity theft.
Each of the counts of health care fraud carry a maximum punishment of 10 years in federal prison, while illegal remunerations and false statements each carry a possible five-year prison term. If convicted of either of the aggravated identity theft charges. He will also face a mandatory 24 months in federal prison which must be served consecutively to any other prison sentence imposed.
The investigation leading to the charges was conducted by the U.S. Department of Health and Human Services‐Office of Inspector General and the FBI. Assistant United States Attorney Michael Day is prosecuting the case.
An indictment is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Area Men Sentenced in Separate, but Similar Child Pornography CasesRead the Press Release
LAREDO, Texas – Two men who were residing in Laredo have been ordered to federal prison for possessing child pornography, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge James Spero of Homeland Security Investigations (HSI) and Webb County Sheriff Martin Cuellar.
Edmundo Cardenas, 23, a legal permanent resident, and Mexican national Luis Pena-Rios, 45, both resided in Laredo. Cardenas pleaded guilty May 6, 2015, while Pena-Rios entered his plea in August 2014.
Today, Senior U.S. District Judge George P. Kazen sentenced Cardenas to 40 months in federal prison, while Pena-Rios was ordered to serve a 84-month-term. Both men will also be required to register as a sex offender and are expected to face deportation proceedings following their release from federal prison.
“Our goal is to continue keeping a watchful eye on those that prey on our children,” said Cuellar. “These child predators will be caught and brought to justice.”
Pena-Rios and Cardenas were charged in separate, but similar cases. In January 2014, an investigator with the Webb County Sheriff’s Office (WCSO) conducted an undercover online operation trying to identify IP addresses sharing child pornography a peer-to-peer network. That investigation led to the discovery of two IP addresses which appeared to be sharing files of known child pornography. One was linked to Cardenas and his family, while the other was found to belong to a business address.
In March 2014, HSI agents executed a federal search warrant for the residential address associated with the first IP address. Four individuals were present at the residence and were interviewed by authorities, one of whom was Cardenas. He first denied any possession of child pornography, but soon recanted and admitted he began downloading child pornography several years ago. HSI agents seized electronics devices from Cardenas to include two laptops and a thumb drive. Forensic examination ultimately led to the discovery of a total of 41 video files on the laptops and several additional videos on a thumb drive, all containing child pornography.
In the latter case, HSI agents identified the business associated with the IP address suspected of sharing the pornographic images and executed a search warrant. There, agents interviewed the owner who reported that computers at the business had restricted Internet service because he did not want employees using it for personal purposes during business hours. However, he told agents that he and his brother, Pena-Rios, both used the Internet at the business. Agents then interviewed Pena-Rios who soon admitted to having downloaded child pornography from the Internet using the business laptop and then transferring the videos to his personal computer using thumb drives. Forensic examination revealed several still images and videos consistent with child pornography.
"By participating in these types of investigations, HSI special agents are helping to take child predators off the Internet, out of our communities and put them behind bars,” said Spero. “This sentence sends a clear message that there are serious consequences for those who exploit children in anyway. Targeting crimes of this nature is a high priority for HSI. We will continue to dedicate resources and work with our law enforcement partners to identify and bring to justice these individuals.”
Pena-Rios and Cardenas are in custody where they will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The arrests of Pena-Rios and Cardenas were a result of Operation Child Guardian, which was launched by the WCSO in 2009. The success of these investigations have put dozens of suspected child predators behind bars.
The prosecution is being 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."
Assistant U.S. Attorney Sonah Lee is prosecuting both cases.
Registered Sex Offender Arrested for Receipt and Possession of Child PornographyRead the Press Release
HOUSTON – A 44-old Spring resident has been charged by criminal complaint on allegations he received and possessed images of child pornography, announced U.S. Attorney Kenneth Magidson.
Gregg Carl Baird was arrested yesterday and is expected to make his initial appearance on the charges before U.S. Magistrate Judge Nancy K. Johnson at 2:00 p.m. today. At that time, the government expects to request he remain in custody pending further criminal proceedings.
According to the criminal complaint, an investigation led authorities to believe Baird was accessing files from a website known to contain child pornography. According to the court document, Baird accessed a file containing an image that depicted three prepubescent boys engaged in explicit sexual activity, to include penetration of each other and oral sex. Baird also allegedly accessed a link that contained more than 30 contact sheets of child pornography. A contact sheet is an image that displays several images as an array of thumbnails. Some of the images allegedly depicted a prepubescent male being anally penetrated by another child, while other images depicted a male child being orally penetrated by an adult male, according to the allegations. As a result of the investigation and information, law enforcement executed a search warrant at Baird’s address yesterday.
According to the criminal complaint, an FBI agent previewed a thumb drive believed to be associated with Baird and observed approximately 50 images of child pornography. The majority of the images allegedly depicted boys under the age of 15 with their genitals lasciviously displayed. The criminal complaint also alleges Baird possessed images of child pornography depicting prepubescent males being penetrated orally and anally.
The criminal complaint indicates Baird is a registered sex offender.
The charges are the result of an investigation conducted by the Houston FBI Child Exploitation Task Force with the assistance of the Houston Metro Internet Crimes Against Children Task Force.
If convicted, Baird faces a minimum of 15 and up to 40 years for receiving child pornography and up to 20 years for the possession charge. Following his release, he will also face a term of up to life on supervised release.
The prosecution is being 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.Final Defendant Sentenced in Three-Year Drug ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – The last man involved in a massive marijuana distribution organization has been sentenced to federal prison, announced U.S. Attorney Kenneth Magidson. Ricardo Jason Villeza, 41, is the last of eight defendants sentenced for their respective roles in the conspiracy. All men had previously entered guilty pleas in the case.
Today, U.S. District Judge Marina Garcia Marmolejo ordered Villeza, of Encino, California, to serve 28 months in federal prison to be immediately followed by a three-year-term of supervised release. The leader of the conspiracy, Arnulfo Molina Jr., 41, of Carrollton, was sentenced last month to 108 months in federal prison and five years of supervised release. At that hearing, the court found Molina responsible for nearly 1,000 kilograms of marijuana.
Testimony at the various sentencing hearings revealed the extent of the smuggling conspiracy, which was in existence from 2009-2012. Authorities began to dismantle the organization after a after a lone driver, Neal Douglas Head, 25, of Fort Worth, came into the Falfurrias Border Patrol checkpoint with 70 pounds of marihuana hidden in his truck’s gas tank. After his arrest, agents discovered numerous marijuana seizures at the Falfurrias and Sarita checkpoints in which the drugs were hidden in a similar manner. Head received a sentence of 21 months in federal prison.
Eventually, five more drivers were charged and convicted, including Villeza. Steven Alan Thomas, 56, of Garland, received a 60-month sentence, while William Edward Brooks, 58, of Midlothian, Terry Lynn Riley, 58, of Granbury, and Stephen Kaluzny, 51, of Carrollton, received respective sentences of 62, 12, and 20 months.
Travis Cory Davis, 31, of Granbury, recruited many of the drivers and distributed the marijuana along with Molina. He was sentenced in 2013 to a total of 108 months in prison followed by a five-year term of supervised release.
All defendants have been and will remain in custody pending transfer to U.S. Bureau of Prisons facilities to be determined in the near future.
This charges were the result of a joint investigation by the Drug Enforcement Administration and the Kleberg County Sheriff’s Office. Assistant U.S. Attorney Michael Hess prosecuted the case.
Smuggling Boss and Two Others Head to Prison in Alien Smuggling ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – A total of three people have been ordered to federal prison for their roles related to a conspiracy to harbor and transport illegal aliens, announced U.S. Attorney Kenneth Magidson.
Homero Gonzalez-Carranza, 30, a citizen of Mexico who resided in Houston, pleaded guilty to being a boss in the conspiracy which existed from January 2007 until January 2015. Eduardo Luis Pompa, 26, also of Houston, was convicted June 11, 2015, following a two-day trial and only 45 minutes of deliberations. Also sentenced today was co-conspirator Lisa Quintanilla, 46, of Premont, who had previously pleaded guilty.
Today, Senior U.S. District Judge Hayden Head handed Gonzalez-Carranza a 151-month sentence. Not a U.S. citizen, he is expected to face deportation proceedings upon his release from federal prison. Pompa received a sentence of 63 months, while Quintanilla was sentenced to 34 months.
Gonzalez-Carranza oversaw the transportation of illegal aliens from the Rio Grande Valley to Houston. Illegal aliens would be harbored at stash houses in Houston until ultimately being transported to their final destinations within the United States. During the conspiracy, illegal aliens suffered injuries during transport, such as during high speed chases and vehicles crashes.
In one instance, 115 illegal aliens were discovered in a house in Houston on March 19, 2014. They were held against their will at the stash house which was about 1400 square feet with boarded up windows and doors.
During Pompa’s trial, which involved the testimony of 15 government witnesses, evidence established that Pompa served as a scout for the alien smuggling organization. In that role, he would drive ahead of or behind vehicles transporting illegal aliens to look for law enforcement. Pompa served in this capacity from early 2014 until July 14, 2014, when he was arrested with nine other conspirators transporting 57 aliens to Houston.
Quintanilla also served as a scout for the alien smuggling organization and did so from January 2014 to June 2014. Lucia Mendez, 35, of Pasadena, who previously pleaded guilty, also worked for the alien smuggling organization. She provided vehicles that were used by other members of the organization to transport illegal aliens and served in this role during 2014. Mendez is scheduled to be sentenced Sept. 29, 2015. Mendez, Pompa, and Quintanilla worked for Gonzalez-Carranza.
Additionally, evidence also established that this criminal organization transported multiple loads of illegal aliens on a weekly and even daily basis. On one occasion - April 23, 2014 - a load driver for the organization was arrested transporting five illegal aliens near Premont. That driver attempted to flee, traveling in excess of 100 miles per hour and finally crashing into a tree, causing serious bodily injuries to the aliens. Quintanilla served as a scout for this particular load. The evidence also established that Pompa was working as a scout that same day, but for another load of transported aliens.
It is estimated that thousands of illegal aliens were transported and harbored during this conspiracy.
Gonzalez-Carranza and Pompa will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Quintanilla will remain on bond pending her designation to a U.S. Bureau of Prisons facility, also to be determined in the near future.
The case was investigated by Homeland Security Investigations and Border Patrol as part of the South Texas Campaign. Assistant U.S. Attorney Chad W. Cowan is prosecuting the case.
Nazi Memorabilia Collector Convicted of Possessing More than 10 Thousand Pornographic imagesRead the Press Release
CORPUS CHRISTI, Texas – A 62-year-old resident of Corpus Christi has entered a guilty plea to possessing child pornography, announced U.S. Attorney Kenneth Magidson. Lewis Wayne Blackburn admitted in court today that he possessed more than 10 thousand images and videos containing the pornographic material.
The investigation into Blackburn began when detectives with the Corpus Christi Police Department - Internet Crimes Against Children Task Force (CCPD-ICAC) used peer-to-peer software to successfully download various files containing child pornography. The images were found to originate from an IP address associated with Blackburn. As a result of this information, Homeland Security Investigations (HSI) furthered the investigation and ultimately executed a search warrant at Blackburn’s residence in June 2015.
At the time of the search, authorities seized various electronic devices, on which forensic analysis ultimately revealed more than 9,900 images and more than 200 videos of child pornography. Blackburn admitted to using the peer-to-peer software to download the child pornography. The court also heard today that at the time of the search authorities noted Blackburn’s entire residence was covered in Nazi memorabilia and he possessed a fully-automatic WWII era .30 Caliber M2 Carbine gun.
Senior U.S. District Judge Hayden Head accepted the guilty plea today and set sentencing for Nov. 4, 2015. At that time, Blackburn faces up to 10 years in federal prison and a possible $250,000 maximum fine. Upon completion of any prison term imposed, Blackburn 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.
HSI and CCPD-ICAC investigated the matter.
The 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."
Mexican Citizen Sentenced for Possession of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A Mexican citizen residing in Aransas Pass has been ordered to prison following his conviction of possessing child pornography, announced U.S. Attorney Kenneth Magidson. Jose Fernando Cardenas-Lira, 52, pleaded guilty to the charges in May 2015.
Today, U.S. District Judge Hayden Head ordered he serve an 84-month prison sentence to be followed by 10 years of supervised release. In handing down the sentence, Judge Head stated that “children deserve to be provide protection of the law and this sentence is intended to do just that.
Cardenas-Lira came to the attention of law enforcement after agents used peer-to-peer software and were able to successfully download various files containing child pornography from an IP address that was associated with Cardenas-Lira. Agents initiated surveillance on his residence and followed him to the North Beach area in Corpus Christi. Agents then watched as Cardenas-Lira sat inside his vehicle for more than three hours appearing to be watching families on and around the beach. On several occasions, Cardenas-Lira raised a camera and appeared to be photographing children and families.
In August 2013, agents executed a search warrant at his residence, at which time they seized various electronic devices. Forensic analysis on those devices revealed more than 90 videos of child pornography.
Cardenas-Lira will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Cardenas-Lira 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."
Jury Convicts Laredoan of Transporting AliensRead the Press Release
LAREDO, Texas – A 35-year-old Laredo man has been convicted of transportation of illegal aliens, announced U.S. Attorney Kenneth Magidson. The jury returned its verdicts against Guadalupe Medellin Jr. following a one-day-trial and approximately 25 minutes of deliberations.
At trial, the jury heard from a witness who had been detained in connection with the case. According to him, Medellin attempted to transport four undocumented aliens in a commercial tractor truck by driving them through the U.S. Border Patrol Checkpoint on Interstate 35 north of Laredo. Upon arrival at the checkpoint, a U.S. Border Patrol canine alerted to the presence of concealed persons within the vehicle, which was not pulling a trailer.
Border Patrol agents soon discovered four undocumented aliens in the sleeper compartment of the vehicle.
During trial, Medellin attempted to convince the jury he had no involvement in the crime. The jury was not convinced and found him guilty as charged.
U.S. District Judge Marina Garcia Marmolejo, who presided over the trial, has set sentencing for Dec. 3, 2015. At that time, he faces up to 10 years in federal prison and a possible $250,000 fine. Medellin will remain in custody pending that hearing.
The charges are the result of an investigation conducted by Homeland Security Investigations with the assistance of the U.S. Border Patrol. Assistant U.S. Attorneys Jorge Vela and Christopher dos Santos are prosecuting the case.
Five Kilos of Pure Meth Results Lands Pharr Man in Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas - A 34-year-old man residing in Pharr has been ordered to federal prison following his conviction of possession with intent to distribute methamphetamine, announced U.S. Attorney Kenneth Magidson. Gerardo Garza-Montenegro pleaded guilty April 20, 2015.
Today, Senior U.S. District Judge John D. Rainey ordered he serve 108 months imprisonment to be followed by four years of supervised release.
In July 2014, Garza-Montenegro approached the Border Patrol checkpoint near Falfurrias driving a Cadillac Deville, at which time a service canine alerted to the presence of narcotics in the vehicle. He was referred to secondary inspection where Border Patrol agents discovered more than five kilograms of methamphetamine concealed within two fire extinguishers in his vehicle’s trunk. Laboratory analysis determined the methamphetamine had a purity level of more than 99%.
In federal custody since his arrest, Garza-Montenegro will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The charge stems from an investigation by Homeland Security Investigations and U.S. Border Patrol. The case was prosecuted by Assistant U.S. Attorney Lance Watt.
Child Pornography Charge Lands Corpus Christi Man in Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas – A 24-year-old man has been ordered to prison following his conviction of possessing child pornography, announced U.S. Attorney Kenneth Magidson. John Robert Camp, 24, pleaded guilty to the charges in May 2015.
Today, Senior U.S. District Judge Hayden Head sentenced Camp to 60 months in federal prison to be immediately followed by 10 years of supervised release. He will also be ordered to register as a sex offender.
Camp was identified after agents used peer-to-peer software to download various files containing child pornography from an IP address associated with him. Authorities conducted a search warrant and seized several electronic media storage devices from Camp’s residence in Corpus Christi. A forensic examination of the items led to the discovery of 57 images of child pornography and more than 120 videos containing child pornography.
Camp admitted he downloaded, viewed and shared videos of child pornography. He further noted that he began viewing child pornography images in the eighth grade on a laptop that he school had provided.
Previously release on bond, Camp was taken into custody following the hearing today, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Camp 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."
Houston Area Business Owner Charged with Defrauding Medicare of $5.6 MillionRead the Press Release
HOUSTON – Three people have been taken into custody on charges contained in a 21-count indictment alleging a conspiracy to defraud Medicare of approximately $5.6 million for various diagnostic tests which were never performed or were not medically necessary, announced U.S. Attorney Kenneth Magidson.
Joy Aneke, 47, her alleged physician assistant, Teodoro Seminario aka Dr. Ted, 48, and the manager of the Jadac Clinic, Maureen Henshall aka Ms. Mo, 59, are all charged with the conspiracy. The indictment also charges the three with health care fraud for filing false claims with Medicare for never-performed or not medically-necessary procedures. Aneke is also charged with two counts of money laundering and three counts of aggravated identity theft as well as health care fraud relating to her operation of a second diagnostic clinic, Almeda Physicians Clinic, and a home health agency, Bona Care.
The indictment was returned under seal July 15, 2015, and unsealed as to each defendant as they were taken into custody. Seminario and Henshall were arrested this morning, while Aneke was taken into custody last night. All are expected to make their initial appearances before U.S. Magistrate Judge Frances Stacy at 2:00 p.m. today.
According to the allegations in the indictment, Aneke, of Richmond, operated Jadac Unique Health Services Inc. as a diagnostic clinic from July 2008 through April 2012 and allegedly billed Medicare for approximately $5.6 million for various diagnostic tests which were never performed or were not medically necessary. Henshall, of Highlands, ran the clinic and paid marketers cash for every Medicare patient they brought to the clinic for alleged testing, according to the indictment. Seminario, of Houston, allegedly worked at the Jadac clinic as an unlicensed Physician’s Assistant known as “Dr. Ted.”
The indictment alleges that Aneke also fraudulently operated Almeda Physicians Clinic and Bona Care. Aneke allegedly received approximately $921,000 in Medicare money from the Bona Care bank account at Bank of America. The indictment further alleges Aneke transferred $100,000 from the Bona Care account to the United Bank of Africa.
According to the charges, Aneke used the personal identification information of a medical doctor without the doctor’s knowledge or permission in her scheme to defraud Medicare through Bona Care Home Health Agency.
Upon conviction, each of the 16 health care fraud counts as well as the underlying conspiracy carries a possible maximum penalty of 10 years in federal prison and a $250,000 fine. Aneke faces another 10 years if convicted of either of the two money laundering charges. In addition, if convicted of aggravated identity theft, Aneke also faces another 24 months for each count of aggravated identity theft which must be served consecutively to any other prison term imposed.
The criminal charges are the result of a joint investigation conducted by Department of Health and Human Services-Office of Inspector General and Homeland Security Investigations. Assistant U.S. Attorney Al Balboni is prosecuting the case.
An indictment is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Edcouch Woman Gets Nearly 12 Years for Enticing ConvictionRead the Press Release
McALLEN, Texas – Lydia Vasquez, 42, of Edcouch, has been ordered to federal prison following her conviction of enticing an individual to travel in interstate commerce in order to engage in illicit sexual activity, announced U.S. Attorney Kenneth Magidson. She pleaded guilty Dec. 5, 2014.
At the time of her plea, Vasquez admitted that on July 28, 2014, she began communicating with a 45-year-old male, who was later identified as an undercover source, in regards to a minor female relative. Throughout the next few weeks, Vasquez told the individual she wanted him to come to Texas from Michigan in so he could help the minor female relative explore sexually.
Vasquez and the adult male discussed specific acts which would constitute indecency with a child under the Texas Penal Code.
On Aug. 22, 2014, Vasquez went to the McAllen Miller International Airport in order to meet the male whom she believed had traveled from Detroit, Michigan, to McAllen. She was then taken into custody.
Today, U.S. District Judge Micaela Alvarez handed Vasquez a sentence of 140 months in federal prison. In handing down the sentence, Judge Alvarez stated that she needed to protect children from Vasquez; both her own and any child that would come into contact with Vasquez. She will also be required to register as a sex offender and will serve three years of supervised release following completion of his prison term. Judge Alvarez noted that she had listened to the recorded calls between Vasquez and the undercover source and heard the sexual abuse Vasquez had proposed occur. Judge Alvarez noted this is a case that she will never be able to get out of her head.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the FBI.
Assistant U.S. Attorneys Kimberly Ann Leo and Steven Schammel prosecuted the case.
Local Man Gets Five Years for Possessing FirearmsRead the Press Release
CORPUS CHRISTI, Texas - A 24-year-old resident of Corpus Christi has been ordered to federal prison following his conviction for being a felon in possession of firearms, announced U.S. Attorney Kenneth Magidson along with Robert W. Elder, special agent in charge of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Michael Tovar pleaded guilty June 4, 2015.
Today, Senior U.S. District Judge Hayden Head sentenced Tovar to 60 months imprisonment to be followed by three years of supervised release.
Through the investigation, ATF agents discovered Tovar, who had a previous felony conviction, was attempting to sell and trade firearms over the Internet. When agents executed a federal search warrant at Tovar’s residence, they seized eight firearms, including several semi-automatic assault style rifles, semi-automatic pistols, hundreds of rounds of ammunition and a ballistic vest.
In federal custody since his arrest, Tovar 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 was the result of an investigation conducted by ATF. Assistant U.S. Attorney Lance Watt prosecuted the case.
Drug Courier Guilty of Moving Meth LoadRead the Press Release
LAREDO, Texas – A Laredo man has entered a guilty plea to possessing with intent to deliver 3.26 kilograms of methamphetamine, announced U.S. Attorney Kenneth Magidson. Manuel Mendoza, 35, pleaded guilty today before U.S. Magistrate Judge J. Scott Hacker.
At the hearing, Mendoza admitted his guilt. He confirmed that while driving in Laredo on June 4, 2015, he was pulled over by a police officer for not having an operating brake light. Mendoza gave the officer consent to search the interior of his vehicle, at which time the officer discovered three packages totaling approximately 3.27 kilograms (approximately seven pounds) of methamphetamine in a backpack. He then admitted to special agents with Homeland Security Investigations (HSI) that he was a drug courier taking the drug load to another person and that he expected to be paid.
Mendoza has been in custody since his arrest on June 4, 2015, where he will remain pending his sentencing hearing to be set in near future before Senior U.S. District Judge Kazen. At the time of that hearing, Mendoza faces a minimum of 10 years and up to life in federal prison as well as a possible fine of up to $10 million.
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.
Arkansas Trucker Guilty of Transporting 9 Aliens from LaredoRead the Press Release
LAREDO, Texas - A commercial truck driver from Kensett, Arkansas, has entered a guilty plea to transporting undocumented aliens, announced U.S. Attorney Kenneth Magidson. Marcus Randall Johnston, 42, pleaded guilty this afternoon before U.S. Magistrate Judge J. Scott Hacker.
According to court records, Johnston was driving north on Interstate Highway 35 until reaching the Border Patrol checkpoint near mile marker 29 on May 25, 2015. Although denying having any persons hidden within the semi-tractor he was driving, agents discovered nine undocumented aliens - eight of whom were from Mexico and one from Ecuador - hiding within the cab behind and above the driver’s chair. All of the transported aliens admitted they had entered the Rio Grande River from Mexico illegally. They furthered that they had paid up to $2,000 in advance to the smugglers of the total $6,000-$6,500 required for the illegal transportation from their native countries.
Upon his arrest Johnston immediately confessed. He related having agreeing to smuggle the aliens from Laredo and would be paid $4,000 for smuggling them from Laredo to Cotulla. He expected to receive more specific instructions upon arrival in Cotulla with the aliens.
Johnston faces a maximum sentence of up to 20 years in federal prison and a possible fine of up to $250,000. He has been in custody since his arrest on May 25, 2015, where he will remain pending sentencing before U.S. District Judge George P. Kazen to be set at a later date.
The investigation leading to the charges was conducted by Border Patrol and Homeland Security Investigations. Assistant U.S. Attorney Jose Homero Ramirez is prosecuting the case.
Undocumented Alien with Guns ConvictedRead the Press Release
LAREDO, Texas – A Mexican national living illegally in Laredo has been convicted of having a firearm in violation of federal law, announced U.S. Attorney Kenneth Magidson.
Jose Angel Villarreal-Sanchez, 42, entered his guilty plea this morning before U.S. District Judge Marina Garcia Marmolejo.
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 pending his sentencing hearing, set for Dec. 7, 2015. At that time, he faces a maximum of 10 years in federal prison and a possible $250,000 fine.
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.
Former Postal Supervisor Heads to Federal Prison for TheftRead the Press Release
HOUSTON – A former supervisor with the U.S. Postal Service (USPS) has been ordered to federal prison following his conviction of theft of money from the government, announced U.S. Attorney Kenneth Magidson. A Houston federal jury found Brandon Antwan Junior, 32, of Houston, guilty of stealing from the USPS following a three-day trial and less than two hours of deliberation on May 15, 2015.
Today, U.S. District Judge David Hittner, who presided over the trial, handed Junior a 27-month sentence to be immediately followed by three years of supervised release. He was further ordered to pay $31,795 in restitution.
Junior was a floor supervisor at the USPS - Southmore Station. During trial, the jury heard that he held that position when more than $76,000 in postal receipts went missing from February through July 2013.
The investigation into Junior began after the manager of the Southmore Station reported to USPS officials that two substantial deposits had gone missing. The process of making deposits involves one employee filling out deposit slips which must be verified by the supervisor. They are then sealed in official registry bags. The supervisor then gives the bags to a delivery driver who then takes them to a registry clerk at the Houston General Post Office (GPO).
The jury heard from a registry clerk who reported she had received on at least one occasion a registry sack that had a hole in in it near the top.A delivery driver also testified about taking bags that appeared to have been cut open to the GPO from the Southmore Station. The driver also reported that he had seen Junior alone near the delivery truck on more than one occasion. He further offered testimony about receiving a registry bag with a loose seal from the Southmore Station. He had showed it to Junior, who claimed that nothing was missing and resealed the bag. However, the next day, a missing item was reported from that bag at the GPO.
The jury saw video of Junior opening that sack and removing a blue envelope, believed to contain $17,501 in postal receipts.
The jury also saw video of Junior on another occasion in which he appeared to remove an item from another registry sack and place it in a cabinet under his desk. $14,293 had been removed. On that day, USPS officials then followed him as he departed work and soon initiated their emergency lights in an attempt to conduct a traffic stop. Junior first appeared to stop, but soon sped away exceeding speeds of 100 miles an hour. He was later ordered to return to work where he was shown the video footage. He claimed he was just checking the mail.
Junior was taken into custody following the return of the guilty verdict where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
USPS – Office of Inspector General investigated. Assistant U.S. Attorneys Richard D. Hanes and Celia Moyer are prosecuting the case.Ex-HPD Officer Arrested in Connection with Armored Car RobberyRead the Press Release
HOUSTON - A former police officer has been charged with extortion under color of official right as well as making false statements to federal agents in relation to an armored car robbery that occurred in Houston in 2013, announced U.S. Attorney Kenneth Magidson.
Joel Quezada, 33, of Houston, has been charged in a three-count indictment alleging he accepted money to monitor police radios during the robbery. He is also charged with making false statements and concealing materials facts from federal agents.
The sealed indictment, returned Aug. 5, 2015, was unsealed last night upon his arrest. He is expected to make his initial appearance before U.S. Magistrate Judge Frances Stacy at 2:00 p.m. today.
The indictment alleges that while employed as a full-time patrol officer with the Houston Police Department (HPD), Quezada accepted money to monitor his police radio during the course of a Loomis armored car robbery on Dec. 6, 2013. Upon questioning be law enforcement, he then allegedly lied about his involvement to federal agents.
Quezada no longer works at HPD.
If convicted, he faces up to 20 years in federal prison as well as a possible $10,000 maximum fine for the extortion charge, while making false statements and concealing material facts both carry a possible five-years prison term and fines up to $250,000.
The investigation leading to the charges was conducted by the FBI and HPD - Internal Affairs Division. Assistant U.S. Attorneys Andrew Leuchtmann and Carolyn Ferko 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.
Members of Family-Based Alien Smuggling Organization Ordered to PrisonRead the Press Release
McALLEN, Texas – A husband and wife have been ordered to prison along with two others for their roles in a conspiracy to transport undocumented aliens within the U.S. by means of a motor vehicle, announced United States Attorney Kenneth Magidson. Jaime Brewster Sanchez, 40, and his wife Gabriela Garcia Candanoza, 37, both of Donna, pleaded guilty on May 7, 2015. Also sentenced were Martina Caballero-Flores, 50, and Lewis Brewster, 42, both also of Donna and who also previously pleaded guilty.
Today, U.S. District Judge Randy Crane found Sanchez and Candanoza were leaders in the organization. Sanchez was ordered to serve 57 months in federal prison and three years of supervised release. Candanoza was ordered to serve 51 months in federal prison. At the hearing, additional evidence was presented that showed Sanchez and Candanoza used their large family’s property located next to the Rio Grande river to conceal the undocumented aliens as they enter the United States. Sanchez and Candanoza would then coordinate the transfer of the undocumented aliens after arrangements were made with drivers to transport the aliens to other locations. Caballero-Flores ordered to serve 15 months followed by two years of supervised release, while Brewster was ordered to serve a 27-month-term and three years of supervised release.
Beginning in May 2014, special agents with Homeland Security Investigations (HSI) began an investigation on Sanchez and members of his family that were involved in transporting and harboring undocumented aliens. He would harbor and conceal undocumented aliens on his family’s real property located near the Rio Grande river in Donna. Brewster and his wife would coordinate with other members of the organization to bring in aliens from Mexico and temporarily harbor them at their residence until provisions were made to have the undocumented aliens transported to other stash houses.
Arredondo and Caballero-Flores were identified as drivers for the organization, while Brewster assisted the organization by directing the undocumented aliens to the different stash locations and by informing members of the organization for the presence of law enforcement.
All were ordered to remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This prosecution was part of an investigation conducted by HSI and Border Patrol. Assistant U.S. Attorney Robert Wells Jr. prosecuted the case.
Judge Sentences Bus Passenger for Smuggling HeroinRead the Press Release
LAREDO, Texas – A 29-year-old Laredo man has been ordered to federal prison following his conviction of conspiracy and possession with the intent to distribute more than one kilogram of methamphetamine, announced U.S. Attorney Kenneth Magidson. A federal jury convicted Altagracia Guadalupe Vargas, 29, of Laredo, in March 2015 following a two-day trial.
Today, U.S. District Court Judge Diana Saldana ordered Vargas to serve a total of 121 months in federal prison to be immediately followed by five years of supervised release.
On Dec. 12, 2014, Vargas took part in a conspiracy to smuggle heroin through the U.S. Border Patrol (BP) checkpoint on interstate 35, while traveling as a passenger on a Turimex bus. Upon investigation, authorities discovered Vargas was carrying 3.5 kilograms of black-tar heroin, concealed in the inner linings of two carry-on bags. Vargas was questioned and gave multiple inconsistent statements.
At trial, the jury heard testimony from a variety of federal agents who described the discovery of heroin. Chemists with the Drug Enforcement Administration (DEA) and drug value experts also explained the confiscated drug was, in fact, heroin and had a value at more than $100,000.
Vargas testified and attempted to convince the jury that she believed the bags contained computer tools and were concealed to prevent theft. She said the bags belonged to a man named “Don Tono,” which contradicted her earlier statement that the bag belonged to her sister. Vargas also testified she received $50 from Don Tono for this trip. However, the government demonstrated that she had actually paid $75 of her own money for the bus ticket, which would have resulted in a $25 loss.
Vargas has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to charges was conducted by BP, Customs and Border Protection and DEA. Assistant U.S. Attorney Alfredo De La Rosa prosecuted the case.
Dallas Man Admits to Using Social Media to Obtain Sexually Explicit PhotosRead the Press Release
CORPUS CHRISTI, Texas – A 42-year-old Dallas man has entered a guilty plea to sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel Fredrick Heidemann admitted to posing as a young male in order to elicit sexually explicit photos from a juvenile female.
The court heard today that in August 2014, authorities learned that a juvenile female had been communicating via cellular telephone text messages and several social media websites with an individual she believed was a juvenile male from Dallas. Heidemann was identified as the perpetrator and admitted to posing as a juvenile male and enticing the victim into sending him sexually explicit photographs of herself.
“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.”
Authorities executed a search warrant at Heidemann’s residence in Dallas and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the juvenile female that were sexually explicit in nature.
U.S District Judge Nelva Gonzales Ramos accepted the guilty plea today and set sentencing for Nov. 20, 2015. At that time, Heidemann faces up a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Heidemann 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.
Heidemann was arrested on the federal charges in March 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
The charges are the result of an investigation 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."
Local Daycare Worker Arrested for Allegedly Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 38-year-old woman from Corpus Christi has been taken into custody upon the filing of a criminal complaint alleging she produced and distributed child pornography, announced U.S. Attorney Kenneth Magidson. The complaint alleges Christina Cortez produced the graphic images while working at a daycare facility in Corpus Christi and further distributed them to Matthew Harbin, 29, of Brownsville. Harbin is also charged in the complaint.
Cortez is expected to make her initial appearance before U.S. Magistrate Judge Jason Libby in Corpus Christi at 2:00 p.m. today.
Harbin is currently in state custody on related charges and is expected to be transferred to federal custody and make his initial appearance in the near future.
According to the criminal complaint, the case began after Harbin was identified as providing images to an undercover officer in England. Using the email address [email protected], Harbin allegedly first provided three photos of a child clothed and not sexually posed, but that appeared to be taken at a daycare facility. The complaint alleges that he stated he had more pictures, wanted to trade and asked the person if they had a daughter and how young they were “in to.” Harbin later allegedly sent five more pictures of what appears to be the same female child, but that were sexually explicit in nature. One image depicts the child laying down on a blue mat with her dress lifted and her lower body exposed, according to the charges. Other images allegedly depict an adult female’s hand making contact with a child’s private area.
Further investigation revealed Harbin had previously received the images from Cortez in July 2014, according to the complaint. In their communications, Cortez claimed to work at a daycare facility where she allegedly obtained the images. Cortez allegedly sent images of the same female child involved in sexually explicit conduct. The child’s genitals appear to be the focus of all three of the aforementioned images, according to the complaint, one of which includes the child fondling herself.
In their communications, both Harbin and Cortez allegedly indicate a desire to engage with children. During one conversation, the complaint alleges Cortez told Harbin “I would love to watch us with her. 2 & half.”
If convicted of the production charges, both face a minimum of 15 and up to 30 years in federal prison, while the distribution of child pornography carries a minimum of five and up to 20 years of imprisonment.
The charges are the result of an investigation by Homeland Security Investigations 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Methamphetamine Gets Local Woman 10 Years in Federal PrisonRead the Press Release
VICTORIA, Texas - A local woman has been ordered to federal prison for 10 years following her conviction of possession with intent to distribute methamphetamine, announced U.S. Attorney Kenneth Magidson. Lynn Denise Bilecki, 46, of Victoria, pleaded guilty in December 2014.
Today, Senior U.S. District Judge John D. Rainey sentenced Bilecki to 120 months imprisonment to be followed by five years of supervised release.
On July 15, 2014, officers from the Special Crimes Unit of the Victoria Police Department (VPD) executed a state narcotics search warrant at Bilecki’s apartment. At that time, authorities seized methamphetamine, a digital scale, U.S. currency and a pistol grip shotgun. Laboratory analysis determined that the amount of pure methamphetamine seized was 129 grams.
In federal custody since her arrest on July 30, 2014, she will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The investigation was conducted by Homeland Security Investigations and VPD.
Assistant U.S. Attorney Lance Watt is prosecuting the case.
Indicted Business Executive Arrested on False Invoicing SchemeRead the Press Release
HOUSTON – The owner of Tinkle Management Inc. (TMI) has been charged in a 13-count federal indictment alleging a scheme in which he billed for $15 million in supplies that were never delivered, announced Kenneth Magidson.
John Blake Tinkle, 59, of Tomball, is expected to make his initial appearance before U.S. Magistrate Judge Mary Milloy at 2:00 p.m. today. A federal grand jury returned the 13-count indictment under seal on July 21, 2015, which was unsealed today upon Tinkle’s arrest.
Tinkle is charged with nine counts of wire fraud and four counts of money laundering.
The Indictment alleges that from 2008 through 2015, Tinkle falsely invoiced Houston-based Westlake Chemical Corporation for approximately $15 million in shipping supplies that TMI never delivered. TMI was Westlake’s supplier of plastic shipping bags that Westlake used to ship its chemical products internationally. According to the indictment, TMI delivered the shipping bags to Packwell Inc., a packaging and logistics company in La Porte, who used the bags to package Westlake’s chemical products and ship them through the Houston ship channel. In addition to invoicing Westlake for bags that had actually been delivered, Tinkle allegedly submitted false invoices to Westlake for deliveries of bags to Packwell that, in reality, had not occurred.
The charges indicate Tinkle supported his false invoices to Westlake by attaching Packwell receiving reports that Tinkle altered to purportedly show Packwell had received them, when they actually had not. Relying on the false TMI invoices and fake Packwell receiving reports, Westlake paid TMI millions of dollars for bags that Westlake and Packwell never received.
If convicted of any of the wire fraud counts, Tinkle faces up to 20 years in federal prison, while the money laundering carries a possible 10-year-term. Both crimes could also result in a possible $250,000 maximum fine.
The investigation leading to the charges was conducted by the FBI and IRS-Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Robert S. Johnson of the Southern District of Texas.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Victoria Man Convicted of Sexual Exploitation of a ChildRead the Press Release
VICTORIA, Texas – Mathew Kelly Millegan, 31, of Victoria, has pleaded guilty to production of child pornography, announced U.S. Attorney Kenneth Magidson.
Millegan came to the attention of law enforcement after authorities had learned of the sexual assault of two children. The children were identified and confirmed the abuse. Millegan was identified as the perpetrator and admitted to sexual assaulting the two children and taking sexual explicit photographs of the incident.
Authorities executed a search warrant at Millegan’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the children involved in sexual explicit conduct.
Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Nov. 2, 2015. At that time, Millegan faces a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Millegan 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.
Millegan was arrested on the federal charges in June 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
Homeland Security Investigations and the Victoria County Sherriff’s Office investigated 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."
Victoria Man Convicted of Sexual Exploitation of a ChildRead the Press Release
VICTORIA, Texas – Mathew Kelly Millegan, 31, of Victoria, has pleaded guilty to production of child pornography, announced U.S. Attorney Kenneth Magidson.
Millegan came to the attention of law enforcement after authorities had learned of the sexual assault of two children. The children were identified and confirmed the abuse. Millegan was identified as the perpetrator and admitted to sexual assaulting the two children and taking sexual explicit photographs of the incident.
Authorities executed a search warrant at Millegan’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several photographs of the children involved in sexual explicit conduct.
Senior U.S. District Judge John D. Rainey accepted the guilty plea today and set sentencing for Nov. 2, 2015. At that time, Millegan faces a minimum of 15 and up to 30 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Millegan 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.
Millegan was arrested on the federal charges in June 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
Homeland Security Investigations and the Victoria County Sherriff’s Office investigated 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."
Four Men Charged with Trafficking in Pet Products with Counterfeit LabelsRead the Press Release
HOUSTON - An indictment was recently unsealed charging four men with various offenses based on their roles in smuggling pet products with counterfeit labels into the United States.
U.S. Attorney Kenneth Magidson of the Southern District of Texas, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Catherine A. Hermsen of the Food and Drug Administration – Office of Criminal Investigations (FDA-OCI) Kansas City, Missouri, Field Office and Special Agent in Charge Brian M. Moskowitz of the U.S. Immigration and Customs Enforcement Homeland Security Investigations’ (HSI) Houston Field Office made the announcement.
Iain Nigel MacKellar, 58, of England; Lam Ngoc Tran, aka Mark Tran, 40, of Fountain Valley, California; Allen Smith, 49, of Phoenix; and William Humphreys, 58, of Laguna Hills, California, were indicted on July 9, 2015. They are charged with conspiracy to commit wire fraud, mail fraud, trafficking in counterfeit labels and smuggling goods into the United States. Mackellar and Tran also are charged with additional counts of wire fraud, mail fraud, trafficking in counterfeit labels and smuggling. The defendants were suspected members of one of the largest known groups of importers of counterfeit packaged pet products.
Smith turned himself in to authorities this morning and made his initial appearance before U.S. Magistrate Judge Mary Milloy. Humphreys and Tran were taken into custody in Phoenix and in California, respectively. Tran made his initial appearance in Houston on July 29, while Humphreys is set to appear tomorrow before Judge Milloy at 10:00 a.m. MacKellar is considered a fugitive and a warrant remains outstanding for his arrest.
The indictment alleges the defendants smuggled veterinary products that were not manufactured for the U.S. market into the U.S. for distribution under false labels, including Frontline and Frontline Plus pesticides manufactured by Merial Pharmaceutical Company (Merial). In some cases, the defendants allegedly imported the products into the U.S. under the pretense that the products were destined for use by charitable organizations, but, instead, distributed the products to large retail outlets for commercial sale, according to the indictment.
Merial did not participate in, or authorize, the alleged unlawful conduct. All known counterfeit veterinary products have been removed from store shelves.
The charges are the result of an investigation conducted by FDA-OCI, HSI and the Environmental Protection Agency. The case is being prosecuted by Assistant U.S. Attorneys Jennifer Lowery and Kebharu Smith of the Southern District of Texas and Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS). The U.S. Attorney’s Office of the Central District of California and the CCIPS Cybercrime Lab provided significant assistance.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former TSA Agent Charged with Production of Child PornographyRead the Press Release
HOUSTON – A 27-year-old man from the North Houston area appeared in federal court this morning on charges of sexual exploitation of a child, announced U.S. Attorney Kenneth Magidson. Christopher Lynn Persky was arrested over the weekend upon the filing of a federal criminal complaint alleging he produced child pornography.
This morning, Persky made an initial appearance before U.S. District Judge Mary Milloy, at which time he was ordered temporarily into custody pending a probable cause and detention hearing set for Wednesday, Aug. 5, 2015, at 10:00 a.m.
Court documents allege that Persky claimed to work for the Department of Homeland Security – Transportation Security Administration (TSA). At the hearing today, Persky told the court he has now been fired.
According to the allegations, an individual identified online as CHRISPYTWEAK had sent images of child erotica to an undercover agent using the chat feature on a known child pornography site. At that time, Persky provided his full name and further claimed to work for TSA, according to the complaint.
The charges allege that he took sexually explicit photographs of a minor male under the age of five. According to the complaint, Persky took the images and was to send them to another individual with whom he was communicating in exchange for more images of child pornography.
The criminal complaint further alleges that while at his previous residence in Spring, Persky allegedly took partially nude images of a minor relative’s female friend while she was sleeping. Persky also allegedly took photos of a female relative as she was getting out of the shower to show to his online child pornography community.
If convicted, Persky faces a minimum of 15 and up to 30 years in federal prison.
The charges are the result of an investigation by Homeland Security Investigations.
This case, prosecuted by Assistant U.S. Attorneys Sherri Zack and Kim 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.