Southern District of Texas
Press releases recorded for this federal judicial district.
Career Criminal Gets More Than 15 Years in PrisonRead the Press Release
CORPUS CHRISTI, Texas – A Corpus Christi man has been handed a significant sentence following his conviction of possession of a firearm by a convicted felon, announced U.S. Attorney Kenneth Magidson. John Eric Garcia, 27, entered a plea of guilty Thursday, Feb. 5, 2015.
Today, U.S. District Judge Nelva Gonzales Ramos sentenced Garcia to a 200-month-term which will be followed by five years of supervised release. In handing down the sentence, Judge Ramos further noted that Garcia’s criminal history was extensive and very serious.
At the time of his guilty plea, Garcia admitted that on July 18, 2014, he had seven firearms in the bedroom of the Corpus Christi home he shared with his mother, one of which had been reported stolen. Garcia also admitted having more than 100 rounds of ammunition. Garcia has previous convictions out of Nueces County for possession of a weapon on school premises, deadly conduct, aggravated assault and escape. As such, he his prohibited by federal law of possessing firearms or ammunition.
Law enforcement officers had discovered the firearms while executing a search warrant at Garcia’s house, which was obtained as the result of an undercover drug-trafficking investigation targeting Garcia.
Garcia has been in custody since his arrest on July 18, 2014, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Sam Brown IV is prosecuting the case.
Roma Man Sentenced for Trafficking MarijuanaRead the Press Release
McALLEN, Texas ‐ Jaime Cisneros, 50, of Roma, has been ordered to federal prison following his conviction of possessing with intent to distribute approximately 434 kilograms of marijuana, announced U.S. Attorney Kenneth Magidson. Saenz pleaded guilty Feb. 2, 2015.
Today, U.S. District Judge Marina Garcia Marmolejo, handed Cisneros a 155-month sentence to be immediately followed by four years of supervised release. At the hearing, the court considered Cisneros’s 2003 drug trafficking conviction out of Corpus Christi as well as two other instances in which Cisneros was involved in the trafficking of large quantities of marijuana. Judge Marmolejo further increased Cisneros’s sentence by finding he was a manager or supervisor of the extensive drug trafficking organization.
On March 19, 2014, Cisneros directed co-conspirators to conceal 43 bundles of marijuana in a brushy area in Fronton. Law enforcement approached the area and were able to seize 43 bundles of marijuana weighing approximately 434 kilograms.
Cisneros 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 Homeland Security Investigations and Border Patrol. Assistant U.S. Attorney Kristen Rees prosecuted the case.
Richmond Resident Detained on Stalking ChargesRead the Press Release
HOUSTON – A federal judge has ordered that Heriberto Latigo, 42, of Richmond, be remanded to custody pending further criminal proceedings on allegations of stalking, announced U.S. Attorney Kenneth Magidson.
In the detention order, publicly available today, U.S. Magistrate Judge Nancy Johnson found Latigo’s “alleged conduct to be so egregious and threatening to the victim, that detention is warranted.”
A grand jury indicted Latigo for one count of stalking on May 28, 2015, and arrested two days later. The detention hearing was held Friday, June 5, 2015.
At the hearing, Judge Johnson heard evidence about Latigo’s alleged systematic torture of the victim from March 2014 to April 2015, during which time he sent her horrific images and threatening email messages, according to testimony.
Latigo allegedly had nude photographs of the victim and threatened to distribute them if she did not comply with his sexual demands. Testimony revealed that she refused and he then allegedly sent the images to third parties including the victim’s sister. He allegedly claimed they were his photographs and that he could do whatever he wanted with them. According to the testimony, Latigo also created a Facebook page under “Magdalena Aborted” purporting to be the aborted fetus of the victim. Latigo then allegedly sent the victim an email stating, “Your abortion video will now be posted you whore.”
Testimony further revealed that Latigo repeatedly told the victim that his online harassment was perfectly legal and her attempt at seeking a civil remedy would be futile. According to allegations discussed in court, the relationship devolved into physical altercations, to include an alleged rape in September 2014 when Latigo came to the victim’s home. The victim reported to authorities that Latigo told her no one would believe her if she called the police.
Testimony further revealed that the victim’s passport was allegedly found in Latigo’s home. The victim believed she lost her passport and was unaware that Latigo had it in his possession, according to court testimony.
The government also informed the court that Latigo is in the midst of a divorce and custody battle and has taken his minor children out of the country without their mother’s permission. Latigo’s mother is a citizen of Mexico and owns property there, according to testimony.
Judge Johnson considered all of the evidence and testimony and ultimately found there to be no condition or combination of conditions that will reasonably assure Latigo’s appearance in court. She further noted he presents a danger to the victim.
If convicted, Latigo faces up to five years in federal prison and a possible $250,000 fine.
The allegations against Latigo are the result of an investigation conducted by the FBI. Assistant U.S. Attorney Sherri Zack 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.Hidalgo Man Gets Lengthy Sentence for Smuggling MethRead the Press Release
McALLEN, Texas – Manuel de la Cruz Jr., 32, has been ordered to federal prison following his conviction for conspiring to possess with the intent to distribute nearly 11 kilograms of methamphetamine, announced U.S. Attorney Kenneth Magidson. De la Cruz, a U.S. citizen from Hidalgo, pleaded guilty Feb. 2, 2015.
Today, visiting U.S. District Judge Marina Garcia Marmolejo sentenced de la Cruz to 150 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, Judge Marmolejo discussed de la Cruz’s involvement in a DWI wreck where his children were passengers and his involvement in further drug-related activity.
On Sep. 24, 2013, de la Cruz was traveling north on U.S. Highway 281 in Brooks County when he was stopped for a traffic violation. A subsequent search of his vehicle led to the discovery of approximately 11 kilograms of methamphetamine. He initially claimed to be traveling for work, but later admitted being paid $1,500 to transport the narcotics.
De la Cruz has been in custody since his arrest where he will remain 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 by Homeland Security Investigations, Texas Department of Public Safety and the Drug Enforcement Administration. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
Sixth Smuggler Sent to Prison in Massive Stash House Case in HoustonRead the Press Release
HOUSTON – The final man arrested in connection with the March 2014 discovery of more than 100 illegal aliens in an area stash house has been ordered to federal prison, announced United States Attorney Kenneth Magidson.
Benjamin Granados-Lupian, 32, pleaded guilty approximately one month after his arrest. He was convicted of conspiracy to harbor and transport illegal aliens and use of a firearm during and in relation to a crime of violence as were co-conspirators Jose Aviles-Villa, 32, Antonio Barruquet-Hildeberta, 46, Jonathan Solorzano-Tavila, 30, Jose Cesmas-Borja, 26, and Eugenio Sesmas-Borja, 20. All of the smugglers are from Michoacan, Mexico.
Today, U.S. District Judge Melinda Harmon, handed Granados-Lupian a sentence of 63 months in federal prison for the conspiracy charge. He also received a consecutive 60-month sentence for the use of a firearm, resulting in a total sentence of 123 months of federal imprisonment. Aviles-Villa, Barruquet-Hildeberta, Solorzano-Tavila, Sesmas-Borja and Cesmas-Borja were previously sentenced by U.S. District Judge Lee Rosenthal to terms between 111 and 123 months. As illegal aliens, they are all expected to face deportation proceedings following release from prison.
The stash house was discovered on March 19, 2014, on Almeda School Road in Houston with 115 illegal aliens inside.
The convicted smugglers admitted they obtained substantial profits as a result of the conspiracy. They had established networks who brought the aliens into the U.S. illegally across the Southwest border. The illegal aliens were then held in stash houses while the smugglers arranged payment of remaining smuggling fees from their families.
While in the stash house, the conspirators seized the victim aliens’ clothes, shoes, phones and other possessions. The conspirators used guns, paddles, tasers and other equipment to control and prevent the illegal aliens from escaping from the stash house. They also guarded the aliens with guns displayed in plain view and threatened to kill them by shooting them in the back of the head if they tried to escape.
In one specific instance, the conspirators contacted the mother of one of the stashed aliens and told her to pay an additional $13,000 for the victim and her two children. She was advised that if she did not pay, they would “make her family disappear and make her family pay.”
Granados-Lupian will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by Homeland Security Investigations with the assistance of the Houston Police Department. Assistant United States Attorney (AUSA) Julie Searle and Special AUSA Rick Bennett are prosecuting.
United States Files Suit Against Outreach Diagnostic Clinic and Outreach EyecareRead the Press Release
HOUSTON – The United States has filed suit against Outreach Diagnostic Clinic and Outreach Eyecare, medical director Emelike Agomo M.D. and owner Mustapha Kibirige M.D., announced U.S. Attorney Kenneth Magidson. The suit alleges the defendants knowingly charged for special eye pressure tests never performed on patients in order to receive reimbursement from Medicare.
According to the complaint filed this week, Outreach Diagnostic and Outreach Eyecare performed standard eye pressure tests on Medicare patients during intermediate and comprehensive eye care services for which the defendants received reimbursement from Medicare. Simultaneously, these providers allegedly charged Medicare for a special eye pressure test claiming it was performed separately on the same day as the eye care services. However, the complaint alleges that Outreach Diagnostic and Outreach Eyecare never performed the special eye pressure test on Medicare patients. In fact, they did not even have the necessary equipment to perform the special eye pressure test, according to the allegations.
Kibirige allegedly started this false billing. Later, the allege he directed Agomo and his staff to continue to falsely charge Medicare for the special eye pressure tests that they knew were never performed on any Medicare patient, according to the complaint.
The original lawsuit was filed by Dr. Michael Sorensen under the qui tam, or whistleblower, provisions of the False Claims Act., which permit private parties to sue on behalf of the United States when they believe people are submitting false claims for government funds. The private plaintiffs, called “relators,” are entitled to receive a share of any recoveries in the lawsuit. The False Claims Act permits the government to recover three times its damages plus a civil penalty of $5,500 to $11,000 for each false claim.
Department of Health and Human Services - Office of Inspector General investigated and Assistant U.S. Attorney Jose “Joe” Vela Jr. is handling the case.
Laredo Resident Pleads Guilty to Threatening to Blow up a Federal BuildingRead the Press Release
LAREDO, Texas – Cristina Lara, 44, has entered a guilty plea to one count of using the telephone to threaten to blow up the Drug Enforcement Administration (DEA) office in Laredo, announced U.S. Attorney Kenneth Magidson.
On the morning of Feb. 21, 2014, DEA received a voicemail message from an anonymous caller threatening to blow up the building. The building houses not only the DEA, but also the FBI, Homeland Security Investigations as well as other federal agencies. It was evacuated immediately.
The FBI traced the message to a phone number located within the Laredo Medical Center which was attached to a particular phone located in the reception area of the building. Video surveillance allegedly shows Lara using the phone at the same time the call was made.
Law enforcement also obtained surveillance video filmed at the time the threatening phone call was made and identified Lara as the person who had placed the threatening phone call. Lara admitted she called the DEA and threatened to blow it up.
Senior U.S. District Judge George P. Kazen will set sentencing at a later date. At that hearing, Lara will face up to 10 years in federal prison and a possible maximum $250,000 fine. She was permitted to remain on bond pending sentencing.
The case is being investigated by FBI and prosecuted by Assistant U.S. Attorney Sonah Lee.
Former Deputy Constable Pleads Guilty to Alien SmugglingRead the Press Release
CORPUS CHRISTI, Texas – A former Cameron County Deputy Constable has entered a plea of guilty to transporting illegal aliens, announced U.S. Attorney Kenneth Magidson.
Luis Enrique Guevara, 44, of Brownsville, entered his plea today before U.S. Magistrate Judge Jason Libby, admitting he transported three illegal aliens in a Nissan Pathfinder.
Guevara was arrested April 9, 2015, after an officer with the Robstown Police Department (RPD) stopped him for speeding as he was driving the Pathfinder north on U.S. Highway 77 through Robstown.
During the traffic stop, Guevara told the arresting officer he was a former police officer from Cameron County and a former narcotics officer with the Los Fresnos Police Department. After his arrest, Guevara told investigators he had transported illegal aliens several times prior and that he was paid $2,500 per illegal alien transported.
At the time of the arrest, Guevara was a reserve deputy constable in Cameron County. He no longer holds that position.
Guevara is scheduled to be sentenced on Sept. 10, 2015, by U.S. District Judge Nelva Gonzales Ramos. At that time, Guevara faces up to five years in prison and up to a $250,000 fine.
The charges are the result of an investigation by Homeland Security Investigations with the assistance of RPD. The case is being prosecuted by Assistant U.S. Attorney Chad W. Cowan.
Spring Man Charged with Using Stolen Debit and Card InformationRead the Press Release
HOUSTON – A three-count federal indictment has been returned against Darnell Wayne Menard, 28, of Spring, alleging he used or possessed more than 900 stolen debit and credit card numbers, announced U.S. Attorney Kenneth Magidson.
Menard was arrested yesterday and is expected to make his initial appearance before U.S. Magistrate Judge Nancy Johnson at 2:00 p.m. today.
The indictment charges Menard with one count of trafficking in unauthorized “access devices” (stolen credit and debit card numbers), one count of possessing unauthorized access devices and one count of conspiracy.
Menard and others allegedly purchased, via the Internet, information about stolen debit and credit cards issued by credit unions and banks in various countries, including the United States, Columbia, Sweden and Canada. The indictment alleges he used that information to purchase gift cards and money orders at various merchants in the Houston area. Menard then cashed out those fraudulently obtained items and used the proceeds for his own benefit, according to the charges.
If convicted, Menard faces up to 10 years in federal prison on each of the two access device charges and a maximum of five years on the underlying conspiracy.
The charges are the result of an investigation conducted by the U.S. Secret Service. Assistant U.S. Attorney John Lewis 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.Nine in Custody on Illegal Firearm/Ammunition Possession ChargesRead the Press Release
CORPUS CHRISTI, Texas – A total of nine people have been taken into custody following the return of eight separate, unrelated indictments, announced U.S. Attorney Kenneth Magidson along with Robert Elder, special agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“By removing criminals involved in the illegal use of firearms and trafficking of illegal narcotics, ATF and our partner agencies have successfully shortened the power and reach of these criminals who are a scourge on the law abiding citizens of Corpus Christi and the surrounding areas,” said Elder.
Abel Martinez, 28, Eligio Mendez, 25, and Jonathan Villarreal, 22, were taken into custody today, while James Coddington, 30, was arrested yesterday. Previously in custody were Geronimo Sanchez, 34, Lee Rubalcada, 38, and Ricardo Banuelos, 40. All are residents of Corpus Christi.
All seven are charged in separate indictments alleging their illegal possession of firearms and/or ammunition.
Martinez, Mendez, Coddington and Banuelos are all charged as being felons in possession of a firearm and ammunition. Sanchez and Rubalcada are alleged to be felons in possession of ammunition and a firearm, respectively, while Villarreal is charged with possession of a sawed-off shotgun.
In a eighth separate, unrelated indictment, Gabriel Vela, 35, of Rosenberg, and Jason Garcia, 37, of El Campo, are charged with being in possession of firearms and ammunition. They were also arrested today. Vela has a prior felony conviction and Garcia has a prior conviction for domestic violence.
If convicted, each of the nine defendants face up 10 years of federal imprisonment and a possible $250,000 fine.
The charges stem from a coordinated effort known as Operation Rusty Hook conducted by ATF, FBI, U.S. Marshals Service, Homeland Security Investigations, Corpus Christi Police Department and Texas Department of Public Safety.
This cases are being prosecuted by Assistant U.S. Attorney Lance Watt.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Houston Man Heads to Federal Prison for Sex Trafficking of ChildrenRead the Press Release
HOUSTON – Dominique Howard aka “Lucci,” 25, has been handed a 14-year sentence for his conviction of trafficking children under 18 for commercial sex, announced U.S. Attorney Kenneth Magidson. Howard pleaded guilty March 26, 2014.
Today, U.S. District Judge Keith Ellison handed Howard a sentence of 168 months in federal prison to be immediately followed by 10 years of supervised release, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be required to register as a sex offender. Additional information was presented today including that Howard had prostituted at least three minor victims during this time frame as well as adult victims.
Howard admitted that during parts of 2013, he used force, fraud or coercion to cause at least one minor girl under age 18 to engage in commercial sex acts. He took the victim from Colorado and transported her to Texas, without her prior knowledge. Upon arrival, the victim was photographed and the pictures were posted in online ads for prostitution. While in Texas, the minor victim was forced to engage in “two-girl specials” with other victims even though she did not want to do so. Howard gave the minor victim drugs and alcohol and kept all of the monies she earned. Howard also kept the her cell phone and told her that all of her phone calls would have to go through him. Despite requests by the minor victim to be taken back to Colorado, Howard continued to prostitute her and refused to take her home.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
An investigation by the Houston FBI Innocence Lost Task Force, which includes such agencies as the Houston Police Department, developed this case using statements from victims as well as on line advertisements for the victims’ services and hotel records from several hotels.
This case, prosecuted by Assistant United States Attorney Julie N. Searle and Sherri L. Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Two Plead Guilty to Selling Membership in Fake Indian TribeRead the Press Release
BROWNSVILLE, Texas – A Brownsville man and woman have entered guilty pleas to selling membership in a non-recognized Indian tribe, announced U.S. Attorney Kenneth Magidson.
Humberto Reveles, 60, and Maria Isabel Lerma, 32, have admitted to selling membership in the Yamassee tribe as part of a scheme to defraud. Reveles was the chief, and later grand chief, of the tribe. He claimed the tribal identification documents that came with membership would allow tribe members to remain in the United States, prevent them from being deported, allow them to travel within and work in the country, despite not having immigration status. Lerma was initially hired as a secretary and assisted Reveles in carrying on the scheme.
Lerma pleaded guilty today before U.S. District Judge Andrew S. Hanen, while Reveles entered his plea before U.S. Magistrate Judge Ronald G. Morgan on March 17, 2015.
Reveles opened an office where he would meet with prospective tribe members, in addition to holding informational meetings. Prospective tribe members would pay Reveles or his employees and were to receive tribal naturalization certificates, tribal identification cards and tribal drivers’ licenses. The documents were to be presented in support of the false immigration claims underlying the scheme. The certificates and cards displayed the words “U.S. Department of State authentication #04010010-1,” even though that number referred to a state of Georgia document and did not refer to the Yamassee tribe.
The Yamassee tribe not a federally-recognized Indian tribe nor recognized by the U.S. Department of State.
Reveles is set for sentencing June 22, 2015, before U.S. District Judge Andrew S. Hanen, while Lerma is set for Sept. 8, 2015. At that time, they face up to 20 years in federal prison and a possible $250,000 fine. They were permitted to remain on bond pending their respective sentencing hearings.
The case was investigated by Homeland Security Investigations and U.S Department of State - Diplomatic Security Service with assistance from Border Patrol, FBI and the Brownsville Police Department. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
Cuero Man Gets Max Sentence for Possession of Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – George Deleon, 65, of Cuero, has been sentenced for possession of child pornography, announced U.S. Attorney Kenneth Magidson. He pleaded guilty March 2, 2015.
Late yesterday, he received a sentence of 120 months in federal prison, the statutory maximum, to be immediately followed by 15 years of supervised release.
On May 1, 2013, authorities learned of an allegation of sexual assault involving Deleon and a child victim. Deleon admitted to sexually assaulting the victim, at which time authorities received consent from Deleon to search his cellular telephone. A forensic examination of that phone led to the discovery of 96 images of children involved in sexual explicit conduct.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Deleon was the result of an investigation conducted by Homeland Security Investigations and Cuero Police Department.
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 Tax Return Preparer Heads to Federal PrisonRead the Press Release
HOUSTON - Diane Caldwell Larry has been ordered to prison following her conviction of falsifying client tax returns, announced U.S. Attorney Kenneth Magidson along with Lucy Cruz, special agent in charge of Internal Revenue Service-Criminal Investigation (IRS-CI). Larry pleaded guilty July 7, 2014.
Today, U.S. District Judge Vanessa Gilmore, who accepted the guilty plea, handed Larry a total sentence of 12 months and one day in federal prison to be immediately followed by one year of supervised release. She was further ordered to pay $168,792 in restitution. During today’s sentencing hearing, Larry promised never again to involve herself in the preparation of tax returns other than her own.
During her plea hearing in July 2014, Larry admitted that while operating a tax return preparation service under the name Paradise South Tax Services, she prepared 33 materially false client tax returns for tax years 2007 through 2010. Those returns generated excessive refunds and caused aggregate losses to the IRS totaling approximately $168,792. Larry acknowledged she had included in these client tax returns fraudulent “side business” losses and false and excessive itemized deductions and credits in order to generate excessive refunds. When some of these tax returns were audited, Larry made up false documents to create an illusion of legitimacy for some of the false and excessive itemized deductions and credits.
Specifically, Larry admitted she knowingly and willfully included a false $84,215 business loss deduction for a non-existent “side business” as well as false deductions for uniforms upkeep, toll bridge fees, job-related tools and employee business expenses totaling $10,644 in a client’s 2009 tax return. This tax return alone caused a loss to the U.S. Treasury of approximately $18,382.
Previously released on bond, Larry was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The case, investigated by IRS-CI, is being prosecuted by Assistant United States Attorney Jimmy Sledge Jr.
Houston Man Indicted for Wire Fraud and Aggravated Identity Theft in Tax SchemeRead the Press Release
HOUSTON – Federal charges have been filed against Tom Ineze Emasealu, 30, of Houston, alleging he committed wire fraud and aggravated identity theft in conjunction with a fraudulent tax refund scheme, announced U.S. Attorney Kenneth Magidson.
The 10-count indictment was returned May 20, 2015. He will appear in federal court before U.S. Magistrate Judge Nancy Johnson at 10:00 a.m. today for his arraignment. Initially arrest upon the filing of a criminal complaint in April, he has remained in custody pending further criminal proceedings.
Emasealu is charged with five counts of wire fraud and five counts of aggravated identity theft.
The indictment alleges that between Jan. 1, 2014, through May 8, 2015, Emasealu stole the identities of multiple victims to engage in a fraudulent tax refund scheme. Emasealu allegedly stole the identities of hundreds of victims, including their names, dates of birth and Social Security numbers. According to the allegations, he used the victim’s personal identifiers to apply for tax refunds and would then allegedly direct the tax refund monies to be deposited into bank accounts under his sole ownership and control.
On average, each fraudulently filed tax refund application netted Emasealu between $3,000 and $10,000, according to the indictment. In total, Emasealu allegedly obtained, or attempted to obtain, approximately $1.2 million.
If convicted, he faces up to 30 years imprisonment for each count of wire fraud and a possible $1 million fine. Emasealu will also face an additional 24 months in federal prison for each conviction of aggravated identity theft which must be served consecutively to any other sentence imposed.
This case is being investigated by the U.S. Postal Inspection Service and Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Julie Searle 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.Pharr Woman Pleads Guilty in Liquid Silicone Injection CaseRead the Press Release
McALLEN, Texas – Maribel Quintero, 39, has entered a guilty plea to violating the U.S. Food, Drug and Cosmetics Act, announced U.S. Attorney Kenneth Magidson.
Quintero, of Pharr, admitted administering injections of liquid silicone into individuals who wanted to enhance the structure of their buttocks. These injections were not approved by the Food and Drug Administration (FDA). Quintero also falsely represented to customers to whom she administered the liquid silicone that they were safe when, in fact, they were not.
On Sept. 9, 2014, she possessed an adulterated device - liquid silicone - and was about to use it on a male customer. She admitted that she intended to mislead him by not disclosing that she had knowledge of previous complications due to the use of the liquid silicone.
U.S. District Judge Randy Crane accepted the plea and has set sentencing for Aug. 10, 2015. At that time, she faces up to three years in prison and a possible $250,000 fine.
The investigation into this case began in August 2014 after law enforcement received information that Quintero was involved with providing liquid silicone to women to effect the structure and function of their bodies.
The charges are the result of an investigation by the FDA - Office of Criminal Investigations, FDA - Forensic Chemistry Center, Hidalgo County Sheriff's Office and the FBI. Assistant U.S. Attorneys Kimberly Ann Leo and Alex Benavides are prosecuting the case.
Los Zetas Kidnappers/Arms Traffickers Headed to Federal PrisonRead the Press Release
LAREDO, Texas – A total of five Laredoans have been ordered to prison for their roles in a kidnapping ordered by Los Zetas and executed by members and associates of the gang Hermanos Pistoleros Latinos (HPL), announced U.S. Attorney Kenneth Magidson.
Efrain Garza, 33, and Ernesto Zaragoza-Solis, 31, were convicted of conspiracy to kidnap, conspiracy to use and discharge and using and discharging a weapon during a crime of violence. Today, U.S. District Court Judge Diana Saldana ordered Garza to serve a total of 447 months in federal prison, while Zaragoza-Solis will serve a 360-month-term. Also sentenced today was Nicolas Sanchez Reyes, 52, who was convicted of conspiracy to export firearms and Grace Diaz Martinez, 35, who admitted to being an accessory after the fact to attempt to kidnap. Reyes will serve 120 months in prison, while Martinez will serve a 48-month-term of imprisonment.
Pablo Cerda, 38, who was convicted of conspiracy to kidnap, conspiracy to use and discharge a weapon and conspiracy to export firearms, was sentenced Tuesday, May 26, 2015, to a total of 192 months in federal prison.
OCDETF Operation El Chacal was an investigation spearheaded by the Drug Enforcement Administration (DEA) which culminated in several indictments being returned in November 2011 in Laredo. In March 2012, a Laredo grand jury returned an indictment on charges relating to gun violations and kidnaping. The kidnaping was ordered by Los Zetas in retribution for a money load alleged to have been stolen by a subject who was supposed to deliver the drug proceeds to Los Zetas in Nuevo Laredo, Mexico.
On Sept. 14, 2010, approximately $2 million was delivered from Chicago to a warehouse in Laredo. The money was then stolen by someone who had picked it up from the warehouse and was supposed to transport it to Nuevo Laredo, Mexico. Co-conspirators located the subject who stole the money as well as three of the subject’s family members. They had planned to pick them all up and kill them if the money was not returned.
On Sept. 19, 2010, at approximately 11:37 p.m., the Laredo Police Department received a 911 call indicating that a person had been kidnapped at gunpoint in the 1300 block of Eistetter Street in Laredo. A 14-year-old girl reported that her mother had been taken by force by several unknown subjects who had also fired shots during the kidnapping. She also stated that they tried to take her as well, but were unable to do so.
Through the investigation, law enforcement learned the victim had been taken to Garza’s residence. Garza and Martinez had arrived there in the early morning hours of Sept. 20, 2015, with the victim who was blindfolded and had her hands bound with duct tape. Zaragoza-Solis later showed up at the residence with weapons. The victim was kept in a back bedroom continually with her hands and eyes bound.
When law enforcement arrived, Martinez and Garza were trying to remove the blindfold and duct tape from the victim to avoid detection by the law enforcement agents at the door. Garza threatened the witness that she should say nothing to the police. When the police approached the residence, an unidentified individual opened the door and the kidnap victim immediately ran out of the house.
Arrested at the scene were Zaragoza-Soliz, Garza and Diaz-Martinez. Also found at the residence were three weapons to include a Smith and Wesson .38 caliber revolver, a 7.62 caliber pistol and a Norinco 7.62 caliber rifle, Model Mak-90. Also recovered from the scene was the duct tape used to blindfold and bound the victim.
The case was investigated by DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Laredo Police Department and Webb County District Attorney’s Office. Assistant U.S. Attorney Mary Lou Castillo is prosecuting the case.
Mexican National Pleads Guilty to KidnappingRead the Press Release
McALLEN, Texas ‐ Martin Margarito-Casimiro, 28, of Camargo, Tamaulipas, Mexico, has pleaded guilty to kidnapping, announced U.S. Attorney Kenneth Magidson.
On Jan. 22, 2015, law enforcement responded to a man’s cry for help as he ran down the street with rope still tied around his arms and legs. That victim led law enforcement to the McAllen residence where he had been held. There, law enforcement found another victim with his arms and legs bound. At that time, law enforcement discovered Margarito-Casimiro and others who were attempting to flee.
During the guilty plea today, Margarito-Casimiro admitted he held at least one victim at gunpoint for ransom and directed co-conspirators to tie the victim’s hands and feet. The victim was told he needed to pay in order to be released.
Based on today’s conviction, Margarito-Casimiro could face up to life in prison. He is set for sentencing Aug. 20, 2015, before U.S. District Judge Micaela Alvarez. He will remain in custody pending that hearing.
The investigation leading to the charges was conducted by Homeland Security Investigations and McAllen Police Department. Assistant U.S. Attorney Kristen Rees and Leo J. Leo are prosecuting the case.
Local Defense Attorney Convicted in Connection to Scheme to Obstruct JusticeRead the Press Release
HOUSTON – Abraham Moses Fisch, 56, a criminal defense attorney in Houston, has been convicted on 18 counts to include conspiracy, obstruction of justice, money laundering, conspiracy to commit money laundering and failure to file tax returns, announced United States Attorney Kenneth Magidson. The jury returned its verdicts late today following a 15-day trial and approximately 14 hours of deliberations.
Lloyd Glen Williams, 67, a former used car financier in Houston, previously entered a plea of guilty to conspiring to obstruct justice and to filing a false tax return.
The evidence at trial showed that Fisch and Williams conspired to defraud defendants who were facing federal criminal charges in Houston. The fraud was perpetrated in at least four different federal criminal cases pending in Houston, including U.S. v. Edilberto Portillo et al. (H-06-182), U.S. v. Hugo Barrera Cavazos et al. (H-06-422), U.S. v. Umawa Oke Imo et al. (H-09-426) and U.S. v. Clifford Ubani and Princewill Njoku et al. (H-09-421 and H-10-416).
The defendants in the four cases as well as their wives and associates testified that Williams and Fisch told them that in return for paying exorbitant fees, Williams would pay off his alleged government contacts in Washington D.C. in order to obtain a “guaranteed” dismissal of the criminal cases. Those individuals were supposedly officials at the Central Intelligence Agency, FBI, Department of Justice and Medicare.
Drug trafficker Edilberto Portillo and his wife, Elida Sanchez, paid $1.1 million to Fisch in order to obtain the dismissal of their charges. Fisch paid $700,000 of the Portillo/Sanchez fee to Williams. Umawa Oke Imo, a defendant in a large health care fraud case, testified that Fisch and Williams quoted him a fee of $3 million in order to obtain a dismissal. In reality, however, no officials were paid, no cases were dismissed, and Fisch and Williams simply split the fees between them.
The evidence showed that the scam undermined the functioning of the federal justice system by misleading defendants about the nature of the cooperation process with the government and interfering with defendants’ cooperation with the government, including failing to pass information from a defendant to the government. It also interfered with plea negotiations with the government by preventing defendants from timely entering guilty pleas because of the mistaken belief their case was going to be dismissed.
The scam also interfered with defendants’ relationships with former and subsequent counsel, including communicating with represented defendants unbeknownst to their legitimate counsel, causing them to fire counsel, not to communicate fully and truthfully with their attorneys and not to assist their attorneys in preparing their defense or in negotiating guilty pleas.
Fisch and Williams also insisted that defendants keep the nature of Williams’ so-called “assistance” secret from the court, the government and other attorneys.
Fisch was convicted of money laundering based on the deposit of the funds earned from the scheme, which totaled at least $1,150,000. The United States is seeking forfeiture of that amount as money derived from the criminal activity.
U.S. District Judge Lee H. Rosenthal has set sentencing for Sept. 29, 2015. At that time, Fisch faces up to five years for the conspiracy, 10 years on each of the four counts of obstruction of justice, 10 years for each of the seven counts of money laundering, 10 years for conspiracy to commit money laundering and one year for each of the five counts of failure to file tax returns in addition to substantial monetary fines. He was permitted to remain on bond pending that hearing.
The investigation that led to this indictment and the arrests and plea was conducted by the FBI and Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorneys Robert S. Johnson and John P. Pearson.
Four Appear in Court on Charges of Sex Trafficking of MinorsRead the Press Release
GALVESTON, Texas - Federal charges have been filed against four Galveston residents alleging they were involved in the sex trafficking of children, announced United States Attorney Kenneth Magidson.
Charles Devan Fulton Sr., 39, Charmell Latonya Potts, 31, Dominique Warner, 23, and Lawrence James Julian, 22, were in Galveston federal court today. They will remain in custody pending further criminal proceedings.
According to the allegations in the indictment, between June 1, 2014, through April 1, 2015, in the Galveston Division of the Southern District of Texas and elsewhere, the four individuals engaged in conspiracy to recruit, entice and harbor minors to engage in sex trafficking. Fulton aka “Black” or “Blacc,” Warner aka “Meathead,” Julian aka “Wolf” and Potts allegedly posted pictures and prostitution ads of the minor victims on websites. The charges further allege that Warner and Julian would transport the victims to their prostitution dates. Afterwards, Warner and Julian would allegedly transport the victims back to Fulton and Potts, who would keep all of the money the minors earned.
If convicted of conspiracy to commit sex trafficking, each defendant faces up to 30 years imprisonment, while the sex trafficking charges carry a minimum of 10 years and up to life in prison.
This case is being investigated by the FBI and Galveston Police Department with the assistance of the Galveston County District Attorney’s Office. Assistant U.S. Attorneys Sherri Zack and Julie Searle are prosecuting the case.
This case 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.Texas Resident Charged with Conspiracy to Provide Material Support to ISILRead the Press Release
HOUSTON - A criminal complaint has been unsealed in the Southern District of Texas following the arrest of a Spring man on allegations he conspired to provide material support to the Islamic State of Iraq and the Levant (ISIL), a foreign terrorist organization. United States Attorney Kenneth Magidson made the announcement along with Assistant Attorney General for National Security John P. Carlin and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division.
Asher Abid Khan, 20, was taken into custody this morning without incident. He is expected to make his initial appearance before U.S. Magistrate Judge Frances Stacy in Houston at 2:00 p.m. today.
The criminal complaint alleges Khan and a friend devised a plan to travel to Turkey and on to Syria for the purpose of joining and waging jihad on behalf of ISIL. Khan had allegedly asked a Turkish-based foreign terrorist fighter facilitator that “I wana join ISIS can you help?” He also told someone else that “I wana die as a Shaheed [martyr],” according to the allegations.
Khan’s friend allegedly made it to Syria and ISIL with the assistance of Khan and the foreign terrorist fighter facilitator. Khan had been living in Australia with a relative and made it to Istanbul, Turkey, where he was to meet up with his friend in their quest to join ISIL, according to the complaint. However, Khan’s family sent him false information regarding his mother’s health and he was deceived into returning home to Texas.If convicted, he faces up to 15 years in federal prison. A conviction also carries a possible $250,000 fine.
This case was investigated by the FBI Joint Terrorism Task Force. Assistant U.S. Attorneys Carolyn Ferko and Alamdar Hamdani are prosecuting the case along with Trial Attorneys Josh Parecki and Keith Parrella of the National Security Division’s Counterterrorism Section.A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Mechanic Pleads Guilty to Child Pornography ChargeRead the Press Release
LAREDO, Texas – Gamaliel Cortez-Mendoza, 43, of Laredo, has entered a guilty plea to possession of child pornography and failing to register as a sex offender, announced U.S. Attorney Kenneth Magidson.
Cortez-Mendoza was arrested in January following an investigation by the Laredo Child Exploitation Task Force led by Homeland Security Investigations and the Webb County Sheriff's Office Cyber Crime Unit with assistance from the Laredo Police Department, Texas Department of Public Safety and U.S. Marshals Service.
The Webb County Sheriff’s Office Cyber Crime Unit learned that an individual living at Cortez-Mendoza’s address had been downloading child pornography. Investigators then executed search warrants on Cortez-Mendoza’s home and computers. Forensic analysis later revealed numerous videos and pictures depicting child pornography. Cortez-Mendoza admitted downloading and viewing the videos.
Cortez-Mendoza had previously been convicted in 2004 of possessing child pornography in Harris County and was also required to register as a sex offender.
He faces a minimum of 10 years in prison for the child pornography possession as well as another 10 years for failing to register.
The case, prosecuted by Assistant U.S. Attorney Alfredo De La Rosa, was brought as part of as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Teacher Sentenced to Federal Prison on Child Pornography ConvictionsRead the Press Release
HOUSTON – Derrick Gossett, 34, of Humble, has been ordered to prison following his convictions on two counts of production of child pornography, announced United States Attorney Kenneth Magidson. At the time of the offense, he was a music teacher at Anderson Elementary School in the Spring Independent School District (ISD). Gossett pleaded guilty Aug. 4, 2014.
Today, U.S. District Judge Lynn Hughes handed Gossett a sentence of 15 years in federal prison to be immediately followed by 15 years of supervised release. He will also be ordered to register as a sex offender.
According to court records, Gossett used a Facebook profile he developed based on a former female student to solicit sexually explicit photographs that constituted child pornography from more than 150 young males. Gossett regularly used images he received from victims to extort additional images/videos containing child pornography. Not only did Gossett use the biographical information of a former student to elicit the child pornography images/videos from his victims, he created a fictitious woman “Katya” to communicate with and further manipulate the children. Victims have been identified throughout Texas, across the United States and in several foreign countries.
“While the Internet 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 and what information should and should not be shared via the Internet.”
Authorities obtained a search warrant for Gossett’s residence, at which time authorities seized a laptop computer, several thumb drives, cell phones and digital cameras. One external portable hard drive, found in a lock box inside Gosset’s residence, was forensically analyzed and contained hundreds of files with images depicting different young males, ranging in age from I2 to I7 and in various stages of undress.
Gossett will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by the Harris County Precinct 4 Constables Office, Homeland Security Investigations and the Houston Metro Internet Crimes Against Children Task Force with the assistance of the Spring ISD Police Department. The matter was brought as part of 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."
This case is being prosecuted by Assistant United States Attorney Sherri L. Zack.
Willis Texas Tax Return Preparer Sentenced for False ReturnsRead the Press Release
HOUSTON – Doyle J. Blevins Jr. has been ordered to prison following his conviction related to the preparation of false client tax returns, announced United States Attorney Kenneth Magidson along with Lucy Cruz, special agent in charge of Internal Revenue Service – Criminal Investigation (IRS-CI). Blevins pleaded guilty in February 2015.
At a hearing held yesterday afternoon, U.S. District Judge Sim Lake handed Blevins a 24-month prison sentence. He was further ordered to pay $285,147 in restitution and will also be required to serve one year of supervised release following completion of the prison term.
Blevins owned and operated Total Refund Tax Service in Willis until 2012. Court documents show that Blevins included false deductions in at least 71 tax returns for tax years 2008 through 2010 without his clients’ knowledge or consent, which fraudulently increased their refunds by approximately $285,147. The most egregious fraudulent refund was obtained in a 2009 tax return that included a $23,248 loss for a non-existent family counseling business. This tax return alone caused an estimated loss to the U.S. Treasury of $7,351.
Blevins was permitted to remain on bond pending the issuance of an order to surrender to a U.S. Bureau of Prisons facility to be designated in the near future.
The investigation leading to these charges was conducted by IRS-CI. Assistant U.S. Attorney Jimmy Sledge Jr. is prosecuting the case.
Four Charged in Federal Drug Trafficking, Money Laundering ConspiraciesRead the Press Release
BROWNSVILLE, Texas – Four people have been charged for their involvement in a drug and money laundering conspiracy, three of whom have also been designated as Specially Designated Narcotics Traffickers (SDNTs), announced United States Attorney Kenneth Magidson.
The indictment charges Abel Briones-Ruiz aka “Cacho,” 45, his wife Myriam Susana Beattie de Briones, 36, and brother-in-law Rogelio Nieto-Gonzalez, 37, along with another individual who is not yet in custody. Briones-Ruiz, Beattie de Briones and Gonzalez-Nieto are not believed to be residing in the United States.
In conjunction with the announcement, the U.S. Department of the Treasury's Office of Foreign Assets Control has designated Briones Ruiz, Beattie de Briones and Nieto-Gonzalez each as a SDNT pursuant to the Foreign Narcotics Kingpin Designation Act for allegedly providing support for the international narcotics trafficking activities of the Gulf Cartel.
The indictment, returned under seal Oct. 22, 2014, was unsealed Monday, May 18, 2015.
Briones-Ruiz, Nieto-Gonzalez and others allegedly conspired from Jan. 1, 2005, to Oct. 22, 2014, to possess with the intent to distribute more than five kilograms of cocaine. If convicted, they each face no less than 10 years and up to life in federal prison as well as a possible $10 million maximum fine.
Briones-Ruiz, Nieto-Gonzalez and Beattie de Briones are charged with conspiring during the same time period to launder the proceeds from distributing controlled substances. They face a maximum of 20 years imprisonment and a possible $500,000 maximum fine.
In addition, Briones-Ruiz and another are further charged with international transportation of funds from drug sales which also carries a 20-year-maximum and $500,000 fine.
Finally, Briones-Ruiz and his wife allegedly structured transactions to evade reporting requirements. If convicted of that offense, they each face another 10 years in federal prison and $500,000 fine.
The government also gave notice in the indictment that it intends to seek forfeiture of properties Gonzalez-Nieto owned.
This case was investigated through a joint effort by the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Customs and Border Protection, Texas Department of Public Safety, Cameron County District Attorney’s Office, sheriff’s offices in Cameron and Willacy Counties, and police departments in Brownsville, Port Isabel, Harlingen and San Benito. Assistant U.S. Attorney Michael Hess is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Laredo Man Sentenced for Possessing Firearms and 200+ Rounds of AmmunitionRead the Press Release
LAREDO, Texas – Pedro Rodriguez III, 25, of Laredo, has been ordered to federal prison for his conviction of felon in possession of a firearm, announced United States Attorney Kenneth Magidson. Rodriguez pleaded guilty Dec. 10, 2014.
Today, U.S. District Judge Diana Saldana handed Rodriguez a sentence of 60 months in federal prison to be immediately followed by three years of supervised release. He was further ordered to serve 50 hours of community service. At the hearing, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) testified that Rodriguez had firearms and ammunition scattered throughout his residence, including near his infant children. When imposing the sentence, Judge Saldana noted that Rodriguez was a danger to society and that prison would help with his rehabilitation.
On Oct. 2, 2014, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrived at a residence on Springfield Avenue in Laredo. As they approached, Rodriguez fled the scene in his vehicle. After an exhaustive police chase, he was eventually apprehended by the Laredo Police Department (LPD).
At the time of the search, agents discovered a .45 caliber Colt semi-automatic pistol, a 9 mm Beretta semi-automatic pistol (loaded with six rounds of ammunition), 100 rounds of .22 caliber ammunition, 118 rounds of 9mm ammunition, 45 rounds of .45 caliber ammunition, a magazine assist speed loaded, two firearm holsters, a Winchester firearms cleaning kit, 71 rounds of ammunition of various manufacturers and calibers, one high-capacity magazine loaded with 27 rounds of 9mm ammunition, one magazine loaded with 10 rounds of 9mm ammunition, one camouflage ski mask and various cell phones.
He admitted responsibility for all the firearms and ammunitions in the Springfield Avenue residence. Rodriguez has a prior felony conviction for possession of controlled substances and is, therefore, prohibited from possessing such items.
Previously convicted for possession of a controlled substance, he is prohibited by federal law of possessing firearms or ammunition.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by ATF and LPD. Assistant U.S. Attorney Sanjeev Bhasker is prosecuting.
Telemarketer Convicted in Timeshare Resale FraudRead the Press Release
HOUSTON – The final defendant in connection with telemarketing fraud and money laundering scheme spanning nearly five years has been convicted of conspiracies to commit wire/mail/telemarketing fraud, announced U.S. Attorney Kenneth Magidson. James Assi Jariv, 64, of Las Vegas, Nev., entered a guilty plea this afternoon before U.S. District Judge Lynn H. Hughes.
Jariv’s son Alexander, 27, his wife Jiwon, 35, his ex-wife Varda, 74, all of Las Vegas, and four others - Ronald Frank Muise, 52, his son Michael Derek Muise, 30, and Thresa Lloyd, 44, all of Las Vegas, Nev.; and Leon Avedikian, 46, of Los Angeles, Calif. - previously pleaded guilty for their roles in the scheme.
Between December 2007 and Feb. 24, 2012, the defendants victimized approximately 1000 victims living in Canada and throughout the United States, including the Southern District of Texas.
The Jarivs and the others used a number of different named companies to conduct their telemarketing timeshare resale scheme targeting timeshare owners throughout the United States and Canada. The timeshare owners were solicited to pay advance fees in exchange for the promise that The Jariv Companies had willing buyers for the timeshare properties or points. However, The Jariv Companies did not have buyers for the timeshare owners’ interests and did not market or sell the property.
The Jariv companies were registered in various states, including Texas, Nevada, California, Illinois and Washington and conducted business at multiple addresses in Houston, Las Vegas, Los Angeles, Chicago and Seattle.
The defendants used mailing addresses or “virtual office suites” in Las Vegas, Houston, Chicago and Seattle for receiving monies from timeshare owners via U.S. Mail or commercial interstate carriers like Fed Ex, all the while maintaining call center offices in Las Vegas, Houston, Chicago and the greater Los Angeles-area from which the defendants, using telephones and email, contacted and communicated with timeshare owners in a scheme to defraud the timeshare owners of money.
The defendants and their employees falsely represented that they had buyers for the timeshare owners interests (either timeshare weeks or points) and solicited fees, ranging from hundreds of dollars to several thousand dollars from each timeshare owner. The defendants falsely represented that the fees were fully refundable at closing and were used to secure the owners’ place in an acquisition involving corporate buyers, as well as to pay for legal expenses such as title searches, estoppel letters and closing costs.
However, closings were not scheduled, purported sales did not occur and no payments were made to timeshare owners for the sale of their property, nor have there been payments by corporations (or other buyers) to The Jariv companies for the purchase of timeshare properties.
The defendants and employees of the Jariv companies did not devote their resources to marketing the timeshare owners’ properties and simply pocketed the advanced fees paid by the timeshare owners with a sizeable percentage of the money used to pay telemarketers. Jariv and his family members kept the balance of advance fees to be deposited into bank accounts controlled by them and frequently transferred it to personal bank accounts or other unrelated corporate bank accounts.
Between Feb. 1, 2011, and Jan. 31, 2012, the defendants deposited into eight bank accounts approximately $6,925,137.04 in fraudulently-obtained timeshare owner funds. Some victims reversed the charges or withdrawals, leaving approximately $5,945,433.04 in victim funds in possession of, and subsequently transferred into, other accounts controlled by the defendants. The funds in the eight victim deposit accounts were all traceable to payments received from victims.
As a result of pleas from all charged defendants, the U.S. has recovered more than $2 million for restitution to victims, many of whom are more than 55 years of age. Money judgments in both the civil forfeiture action and the criminal cases have been obtained to assist the United States in recovering the balance of the $5,945,433.04 restitution that is expected to be a part of the sentences.
The fraud conspiracy conviction carries a maximum imprisonment of 20 years in federal prison. However, because the wire/mail fraud involved telemarketing that involved 10 or more victims older than 55, federal law provides for an additional 10-year-sentence after the one imposed for the underlying conviction. Jariv also faces up to 20 years imprisonment for the money laundering conspiracy.
James Jariv is set for sentencing July 27, 2015, while the co-defendants are set for Aug. 17, 2015. Originally on bond, James Jariv was taken into custody following an arrest for an unrelated fraud scheme in Nevada. He will remain in federal custody pending sentencing.
The convictions are the result of an investigation conducted by the Houston Division of U.S. Secret Service (USSS) and Internal Revenue Service – Criminal Investigation with assistance by Las Vegas USSS, FBI and San Francisco Environmental Protection Agency. Assistant U.S. Attorneys Martha Minnis and Katherine Haden are prosecuting the case.
Legal Permanent Resident Alien Heads to Federal Prison for Possession of Child PornographyRead the Press Release
LAREDO, Texas – Daniel Frias Gomez, 23, has entered a guilty plea to possessing child pornography, announced United States Attorney Kenneth Magidson. Gomez, a legal permanent resident born and raised in Jalisco, Mexico, who resided in Columbus, Iowa, pleaded guilty Dec. 4, 2013.
Today, Senior U.S. District Judge George P. Kazen ordered he serve a total of 87 months in federal prison to be immediately followed by 10 years of supervised release. He will also be required to register as a sex offender.
Gomez was apprehended on Sept. 27, 2013, as he applied for admission back into the United States via the Lincoln-Juarez International Bridge, Port of Entry No. 2, in Laredo as a passenger onboard a commercial bus. He had claimed to have gone to Mexico to visit relatives and was on his way back home to Iowa.
Gomez was referred to secondary inspection, at which time multiple electronic devices, including DVDs and memory cards, were discovered. He claimed ownership of those devices. A search was conducted and approximately 200 child pornographic images and videos were discovered. Some of the images included variations of pornography, including some involving bestiality.
Gomez made claims that he was approached by an “unknown” male, who offered him pornographic images because he had a PSP device. He ultimately decided to plead guilty as charged. He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and CBP investigated. Former Assistant U.S. Attorney (AUSA) Suntrease Williams prosecuted the case. AUSA Sonah Lee handled the sentencing.
This case, prosecuted by, 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 Jury Convicts Former Postal Supervisor of TheftRead the Press Release
HOUSTON – A former supervisor with the U.S. Postal Service (USPS) has been convicted of theft of money from the government, announced U.S. Attorney Kenneth Magidson. The federal jury sitting in Houston 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.
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 faces up to five years in federal prison and a possible $250,000 fine at his sentencing hearing. U.S. District Judge David Hittner, who presided over the trial, has set that hearing for Aug. 11, 2015. Previously on bond, Judge Hittner ordered Junior into custody upon the return of the guilty verdict where he will remain pending sentening.
USPS – Office of Inspector General investigated. Assistant U.S. Attorneys Richard D. Hanes and Celia Moyer are prosecuting the case.Three Sentenced for Armored Car RobberiesRead the Press Release
HOUSTON – William Williams, 29, Stephen Carter 29, and Bobby Gray, 28, all of Houston, have been ordered to federal prison for their involvement in the Oct. 7, 2013, attempted robbery of a Garda Cash Logistics armored truck, announced U.S. Attorney Kenneth Magidson. During the attempted robbery, a guard was shot eight times, but has since recovered.
Williams had pleaded guilty to one count of discharging of a firearm during the commission of a crime of violence, conspiracy to interfere with commerce by robbery and two counts of interference with commerce by robbery. Today, U.S. District Judge Gray H. Miller ordered he serve a total of 30 years in federal prison to be followed by five years of supervised release. The other two men were both convicted of conspiracy to interfere with commerce by robbery and two counts of interference with commerce by robbery. Gray and Carter will serve respective sentences of 100 and 108 months in prison and were further ordered to serve three years of supervised release following completion of their prison terms.
At the hearing, the injured guard testified, explaining that he and his family “almost lost everything.” He testified that it has been a trying time for himself and his family and that he has had to learn to walk again. He continues with physical therapy, is working again and said he is grateful to be alive.
The attempted robbery occurred at the Chase Bank located at 19747 N. US 59 in Humble. At the location, Williams approached the guard who was in the process of filling an ATM machine. He asked the guard for money and shot the guard eight times in the back. Carter was the driver and it was Gray’s job to retrieve the money. No money was obtained.
Williams was also involved in a prior armored car robbery on Aug. 13, 3013, during which he pointed a gun at a Loomis guard at the Movie Tavern located at 15719 North Freeway in Houston.
Loomis Armored US Inc. and Garda Cash Logistics., who operated the trucks during the robbery and robbery attempts, maintain offices throughout the United States and was engaged in the business of secured armored transport of United States currency in interstate commerce and in picking up and delivering United States currency to financial institutions and check cashing businesses, both of which are industries which affect interstate commerce.
Previously released on bond, Carter was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. Williams and Gray have been and will remain in custody.
The case was investigated by the FBI’s Bank Robbery Task Force, police departments in Humble and Houston and Harris County Sherriff’s Office. Assistant U.S. Attorney Jennie Basile is prosecuting both cases.
Couple Heads to Prison for Sex Trafficking of Minors in Two StatesRead the Press Release
HOUSTON – David J. Golson, 28, and Arieal J. Bishop, 30, have been ordered to prison following convictions related to crimes that occurred in both Texas and Arkansas, announced U.S. Attorney Kenneth Magidson.
Golson previously pleaded guilty in November 2014 to one count of sex trafficking of minors in Texas and one count of conspiracy to commit sex trafficking in the Arkansas case. Bishop had pleaded to possession of child pornography and transportation of minors in the Texas case and sex trafficking of minors in the Arkansas case.
Today, U.S. District Judge U.S. District Judge Sim Lake handed Golson a total sentence of 60 months in federal prison to be immediately followed by 10 years of supervised release. Bishop was sentenced April 10, 2015, and ordered to serve a total of 120 months in federal prison. Both will also be ordered to register as a sex offender.
The pair faced charges in both Texas and Arkansas. The Texas indictment was returned in April 2013, alleging crimes that occurred between April and September 2011. The charges from Arkansas took place in November 2012. The Arkansas case was eventually transferred to Houston the charges merged. The convictions resolve the allegations in both cases.
The investigation revealed Bishop filmed Golson engaging in sex with a 17-year-old girl within a short time after meeting them. Bishop posted advertisements for commercial sex for both herself and the victim in Houston as well as other cities in Texas and in Louisiana. The victim traveled with Bishop to Louisiana where they met up with Golson and continued to post ads and engage in commercial sex. The victim gave money she earned from commercial sex to Bishop who then gave it to Golson.
Bishop and Golson were originally arrested in Arkansas and charged with sex trafficking offenses involving a different minor victim.
In May 2013, the two appeared in Houston federal court, at which time U.S. Magistrate Judge Stephen W. Smith found them to be a flight risk and ordered them into custody. The court considered that neither person had any legitimate source of income, residence or significant ties to the area. They will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future
The Texas case was investigated by the Houston FBI Innocence Lost Task Force and is being prosecuted by Assistant U.S. Attorney (AUSA) Sherri L. Zack. The Arkansas case was prosecuted by AUSA Kristin Bryant.
CBP Officer Charged with Collecting Pay for Hours not WorkedRead the Press Release
LAREDO, Texas - Federal charges have been filed against Jesus Javier Garcia Jr., of Laredo, alleging he committed larceny by wrongfully collecting more than $40,000 in government pay for hours he did not work, announced United States Attorney Kenneth Magidson.
The indictment was returned under seal May 12, 2015, and unsealed today upon his arrest. Garcia, 34, is expected to make his initial appearance before U.S. Magistrate Judge J. Scott Hacker tomorrow at 9:00 a.m.
If convicted, he faces up to 10 years in prison and a possible $250,000 maximum fine.
The investigation leading up to the indictment was conducted by Customs and Border Protection - Office of Internal Affairs and the FBI-Border Corruption Task Force. Assistant U.S. Attorney Christopher S. Coker is prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.United Kingdom Man Pleads Guilty to Federal Charges in Two Separate Fraud ConspiraciesRead the Press Release
HOUSTON – Marc T. Duchesne, 53, of the United Kingdom, has pleaded guilty to two federal charges stemming from separate schemes involving financial fraud in Texas and the District of Columbia, announced U.S. Attorney Kenneth Magidson of the Southern District of Texas and Vincent H. Cohen Jr., Acting U.S. Attorney for the District of Columbia.
Duchesne pleaded guilty May 11, 2015, to one count of conspiracy to commit wire fraud in the Texas case and one count of conspiracy to commit securities fraud and wire fraud in the unrelated case District of Columbia case. Duchesne entered both pleas before U.S. District Judge Reggie B. Walton in the District of Columbia.
In the Texas case, Duchesne and his co-conspirators engaged in a scheme from 2000 to 2005 that involved the selling of fraudulent liability insurance policies to apartment complexes, condominium associations, bars, restaurants and other businesses throughout the United States and Caribbean. One company that purchased the insurance was Shoreline Cruises Inc. which operated a 40-foot tour boat called the Ethan Allen on Lake George, N.Y. The tour boat operator discovered its insurance policy was fictitious after the Ethan Allen sank on Oct. 2, 2005, in a tragic accident that claimed the lives of 20 elderly tourists. The total loss was $2,455,531.
Four others have also been convicted in this scheme. Christopher Purser pleaded guilty to conspiracy to commit wire fraud, while Edmund Benton, Malchus Irvin Boncamper and Robert Steve Mills pleaded guilty to conspiracy to launder money. Purser received a sentence of 188 months, while Boncamper is serving a 97-month-term. Benton and Mills were both ordered to serve 120 months of federal imprisonment.
In the separate and unrelated case in the District of Columbia, Duchesne engaged in a conspiracy from May 2002 through October 2002 to defraud investors by fraudulently creating Nationwide Capital Corporation (publicly traded as NCCN) and then artificially driving up its stock price. Unbeknownst to the U.S. Securities and Exchange Commission (SEC) or investors, Duchesne and his co-conspirators owned and controlled vast amounts of the stock. They employed tactics such as bid manipulation, false SEC filings and false press releases to effectuate their scheme. The National Association of Securities Dealers estimated losses to investors to be in excess of $2 million.
The plea, which is contingent upon the court’s approval, calls for a prison sentence of 91-97 months. Also, as part of the plea agreement, Duchesne is to pay a total of $4,543,261 ($2,455,531 and $2,087,730 in the Texas and District of Columbia cases, respectively). Judge Walton has set sentencing for July 30, 2015.
The case in Texas was investigated by Internal Revenue Service - Criminal Investigation with assistance from Homeland Security Investigations and the Texas, New York and California Departments of Insurance. During this four-year investigation, the U.S. government also received extensive and valuable assistance from the governments of St. Kitts and Nevis and also St. Vincent and the Grenadines. Investigators also received valuable assistance from the governments of The Bahamas, Nicaragua, The Philippines and Australia. Assistant U.S. Attorneys John Lewis and Belinda Beek prosecuted the case.
The case in the District of Columbia was investigated by the FBI’s Washington Field Office and the SEC. Assistant U.S. Attorneys Mervin A. Bourne Jr. and Lionel André prosecuted that case.Officer and Co-Defendant Arrested in Conspiracy to Traffic CocaineRead the Press Release
McALLEN, Texas – A federal grand jury has returned a two-count indictment against a Rio Grande City Police Department investigator and a second defendant in a conspiracy to possess with intent to distribute cocaine, announced U.S. Attorney Kenneth Magidson. The investigator, Noel Pena, 29, of Rio Grande City, and Hector Salinas-Hinojosa, 21, of Roma, are charged with conspiracy to possess with intent to distribute as well as possession with intent to distribute cocaine.
The indictment is the result of an investigation that began last year and resulted in a sting operation that occurred last month. Salinas-Hinojosa was arrested April 17, 2015, upon the filing of a criminal complaint. Pena was taken into custody the following morning.
The criminal complaint alleged Pena and Salinas-Hinojosa conspired to provide a ‘fake’ police report to an undercover officer who was acting as a cocaine trafficker. The undercover “cocaine trafficker” claimed to need assistance in stealing the majority of a 10-kilogram cocaine load he was holding for the drug cartels. On April 9, 2015, Salinas-Hinojosa and Pena met with the undercover officer and agreed to provide the ‘fake’ police report to make it appear that 10 kilograms of cocaine had been seized by law enforcement, according to the charges. In exchange they were allegedly supposed to be paid $10,000. The complaint alleged that at the time of the meeting, the undercover officer provided $5,000 as a down payment for the report.
The scheme alleged in the complaint involved Pena, as an investigator assigned to the Starr County High Intensity Drug Trafficking Area Task Force, being tipped off to the location of the cocaine. He would then stage a law enforcement operation.
On April 11, 2015, two kilograms of cocaine was left at a stash house location in Garceno. After being ‘tipped’ off the location, Pena allegedly proceeded to the residence and ‘found’ the cocaine and then obtained a search warrant to seize it. Subsequently, on April 17, 2015, Salinas-Hinojosa provided the ‘fake report’ to the undercover officer and was paid the remaining $5,000.
All three counts carry a minimum of 10 years and up to life in federal prison as possible punishment, as well as a possible $10 million fine.
The charges are the result of investigation conducted by Homeland Security Investigations, Drug Enforcement Administration, Texas Department of Public Safety and FBI with assistance from the Texas Rangers and the Starr County District Attorney’s Office. Assistant U.S. Attorneys Juan F. Alanis and Ted Imperato 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.Meth Conspiracy Lands Three in Federal PrisonRead the Press Release
VICTORIA, Texas - The final defendant in a three-defendant methamphetamine conspiracy has been ordered to federal prison, announced U.S. Attorney Kenneth Magidson.
Michael Gregory Oertli, 40, of Brookshire, pleaded guilty in November 2014 to one count of conspiracy to possess with intent to distribute methamphetamine. Today, Senior U.S. District Judge John D. Rainey sentenced Oertli to 70 months imprisonment to be followed by four years of supervised release.
Howard Gene Hicks, 46, and Kathrine Dovey Sexton, 38, both of Port Lavaca, also pleaded guilty in November 2014 to the same charge. Judge Rainey ordered Sexton to serve 63 months imprisonment, while Hicks will serve a 60-month-term. Both sentences will also be followed by four years of supervised release.
The defendants would travel to Sexton’s source of supply in Houston and then distribute the drugs in the Victoria/Port Lavaca area. Hicks and Oertli were charged following a traffic stop in which they were found in possession of methamphetamine. The investigation later led to the identification of Sexton and the discovery that the group would travel to Houston several times a week and return with approximately two ounces of methamphetamine on each occasion.
All have been in custody since their arrests, where they remain pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The charges stem from an investigation by Homeland Security Investigations, Victoria Police Department and Texas Department of Public Safety.
This case was prosecuted by Assistant U.S. Attorney Lance Watt.
Border Patrol Supervisor Charged with Stealing Social Security BenefitsRead the Press Release
LAREDO, Texas - Federal charges have been filed against James J. Doran, 54, of Laredo, alleging he committed larceny of U.S. government property by wrongfully collecting more than $108,000 in Social Security Administration (SSA) benefits, announced United States Attorney Kenneth Magidson.
The indictment was returned under seal earlier today and unsealed upon his arrest. He is expected to make his initial appearance before U.S. Magistrate Judge J. Scott Hacker tomorrow at 9:00 a.m.
If convicted, he faces up to 10 years in prison and a possible $250,000 maximum fine.
The investigation leading up to the indictment was conducted by the 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 this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Houston Woman Indicted for PerjuryRead the Press Release
HOUSTON – Federal charges have been filed against Amy Fisher, 36, of Houston, alleging she committed perjury during a civil deposition and trial, announced U.S. Attorney Kenneth Magidson.
The indictment was returned under seal April 29, 2015, and unsealed yesterday upon her arrest. She is expected to make her initial appearance before U.S. Magistrate Judge Frances Stacey at 10:00 a.m. today.
“The integrity of the judicial system requires truthfulness from all witnesses in legal matters in order for justice to prevail,” said Magidson. “When perjury allegations are referred to us, we work closely with investigators to determine whether to seek federal criminal charges. We do not take allegations of perjury lightly in any proceeding - civil or criminal - and will pursue those that attempt to undermine the reliability of our legal processes.”
According to the allegations in the indictment, Fisher committed perjury on Nov. 17, 2014, during her deposition and trial testimony related to the civil trial of Lipinski et. al. v. Meritage Co., Civil Action No. H-10-CV-605.
The Meritage case was a Fair Labor Standards Act (FLSA) case that went to trial in Houston in November 2014. One of the primary issues during trial was whether or not Meritage Corporation had properly classified its sales people as “outside salesmen” who are exempt from the FLSA’s overtime and a minimum wage requirements. Plaintiffs, who were all employed as sales associates for Meritage Corporation, argued the company misclassified them as “outside salesmen” to avoid paying minimum wage and overtime pay.
One of the key issues during the civil trial was determining how much time Meritage sales associates spent in sales activity outside of the sales office. Fisher was the only Meritage sales associate who testified on behalf of the corporation. The deposition and trial, which both occurred on Nov. 17, 2014, focused on what activities Fisher performed outside of her sales office.
The indictment alleges that during those proceedings, Fisher was questioned regarding her sales activity that occurred on Nov. 16, 2014, the preceding work day. Fisher is charged with committing perjury by falsely testifying as to her specific actions on that day.
If convicted, Fisher faces up to five years in federal prison and a possible $250,000 fine.
This case is being investigated by the FBI. Assistant U.S. Attorney Julie Searle is prosecuting the case.
Three Charged in Aggravated Identity Theft and Wire Fraud SchemeRead the Press Release
HOUSTON - A nine-count federal indictment has been returned against Chloe McClendon, 26, Domonique Thomas, 25, and Alicia Myles, 31, all of Houston, alleging they engaged in an aggravated identity theft scheme involving the theft of personally identifiable information from the Department of State’s Houston and Atlanta Passport Agencies, announced U.S. Attorney Kenneth Magidson along with Wayne May, special agent in charge of the U.S. Department of State’s Diplomatic Security Service (DSS) - Houston Field Office.
Thomas was taken into custody, while McClendon surrendered to federal authorities. They are expected to make their initial appearances before U.S. Magistrate Judge Frances Stacy as early as 10:00 a.m. this morning. A warrant remains outstanding for Myles.
The indictment, returned May 6, 2015, charges all three defendants with one count of conspiracy to commit wire fraud, four counts of wire fraud and four counts of aggravated identify theft.
“DSS is firmly committed to working with the U.S. Attorney’s Office and our law enforcement partners to investigate allegations of crime related to passport fraud and identity theft and to bring those who commit these crimes to justice,” said May. “When a public servant in a position of trust is alleged to have committed a federal felony such as passport fraud or identity theft, we vigorously investigate claims of corruption.”
McClendon, Thomas and Myles allegedly engaged in the wire fraud/aggravated identity theft scheme by stealing personally identifiable information of individuals from the Department of State Passport Agency. McClendon was a contract employee who worked there. The indictment alleges the defendants used the stolen and unlawfully obtained personally identifiable information of true persons to create counterfeit identification documents. They then recruited other individuals to assume the stolen identities and use the counterfeit documents to obtain commercial lines of credit and to purchase iPhones, iPads and other electronic merchandise.
The conspiracy charge and each substantive count of wire fraud carries a possible 20-year federal prison sentence as well as a possible $250,000 fine. If convicted of aggravated identify theft, the defendants also face an additional mandatory two-year prison term on each count which must be served consecutively to any other prison term imposed.
The investigation leading up to the arrest was conducted by DSS and the Houston Police Department. Assistant U.S. Attorneys Ted Imperato and Alamdar Hamdani are prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Houston Man Sent to Prison for Producing Child PornographyRead the Press Release
HOUSTON – Luis M. Gonzalez, 53, has been ordered to federal prison for nearly 27 years following his conviction of production of child pornography, announced United States Attorney Kenneth Magidson. Gonzalez pleaded guilty Jan. 12, 2015.
Late yesterday, U.S. District Judge Lee H. Rosenthal ordered he serve a total of 320 months in federal prison. Following his prison term, he will be on supervised release for the rest of his life and must register as a sex offender. In handing down the sentence, Judge Rosenthal considered evidence that Gonzalez had sexually assaulted two minor girls.
The investigation began in January 2014 when FBI agents downloaded videos containing child pornography from a computer later identified and located at the residence of Gonzalez in Houston.
On Feb. 28, 2014, a federal search warrant was executed, at which time Gonzalez admitted to using a peer-to-peer file sharing program to download child pornography and told the agents they would find images and videos of child pornography on his computer equipment. Gonzalez also admitted he produced pictures of child pornography involving an underage girl.
A forensic exam was conducted which resulted in the discovery of images of child pornography on two hard drives. Agents found approximately 69 videos of child pornography, some of which depicted the penetration of a minor under the age of five and bondage. Agents also discovered approximately 66 images of child pornography that Gonzalez had produced. The camera used to produce these images was also found during the search.
The charges against Gonzalez were the result of an investigation conducted by the Houston office of the FBI. Gonzalez was arrested on the federal charges in February 2014. He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case 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."
The case is being prosecuted by Assistant U.S. Attorneys Sherri Zack and Robert Stabe.
Possessing Pornographic Images of Babies and Toddlers Sends Sugar Land Man to PrisonRead the Press Release
HOUSTON – Glenn Casey Portwood, 53, has been ordered to federal prison following his conviction of possession of child pornography which included images of babies and toddlers, announced U.S. Attorney Kenneth Magidson. Portwood pleaded guilty Nov. 18, 2014.
Today, U.S. District Judge Gray Miller took into consideration the large number of images and handed Portwood the statutory maximum of 120 months in federal prison. At the hearing, information was presented including a victim letter/statement from two victims of child pornography series. In handing down the sentence, Judge Miller considered the large collection and the nature of the images and videos possessed by Portwood. He was further ordered to pay restitution of $5,000 to a known victim and will serve 15 years of supervised release following completion of his prison term. He will also be ordered to register as a sex offender.
The investigation began in September 2012 when a particular computer was identified as sharing child pornography via peer-to-peer software on the Internet. Law enforcement linked that computer Internet account to Portwood’s name and found that he resided in Sugar Land.
A search warrant was conducted at the location and included a Honda Portwood admitted he drove. Inside the trunk of the vehicle, officers discovered found a black backpack with nine individually labeled CDs, two external hard drives, one Compaq Presario laptop computer and one Gateway laptop computer.
One of the CDs was labeled “VCKY 2004,” on which officers found a folder named “Vicky” with 32 movie files containing child pornography. “Vicky” is the name of a known and identified child pornography series of images and videos that is widely traded over the Internet.
A forensic exam revealed approximately 70 videos and 325 images containing child pornography on the two computers and one of the external hard drives also contained approximately 50,000 images and 1,300 child pornography videos. Four of the CDs also contained child pornography. Some of the images and videos involved prepubescent girls, even toddlers and babies. The child pornography included children as young as 1-3 years old to young teens engaging in oral, vaginal and anal sex. There were also images depicting bondage.
Portwood will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges against Portwood were the result of an investigation conducted by the Sugar Land Police Department, as part of the Houston Metro Internet Crimes Against Children Task Force and the FBI.
This case, prosecuted by Assistant U.S. Attorney Robert Stabe, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Fugitive Sought in Sex Trafficking of Minors CaseRead the Press Release
GALVESTON, Texas – A criminal complaint charging three Galveston residents has been unsealed alleging they engaged in a conspiracy to traffic minors for sexual purposes and financial gain, announced U.S. Attorney Kenneth Magidson.
The criminal complaint was filed under seal April 21, 2015, and charges Charles Devan Fulton Sr., 39, Charmell Potts, 32, and Dominque Warner, 23. It was unsealed in Galveston federal court today as Warner was ordered into custody pending further criminal proceedings. Potts was previously ordered into custody where she will also remain. Fulton is considered a fugitive and a warrant remains outstanding for his arrest.
Fulton is alleged to have coerced several young females into prostitution. The victims were advertised on websites commonly known for publicizing commercial sex. The complaint further alleges that Fulton would not rent rooms himself; therefore, Potts and Warner would do so at area hotels to use for prostitution involving the young girls. The complaint also alleges Warner would drive the girls to the locations, wait until they were finished, then drive them back to Fulton’s residence in Galveston. Potts also drove the girls and would keep some of the monies earned, according to the complaint. Fulton would allegedly keep the remainder of all of the monies the victims earned.
A reward of up to $5000 is being offered by the FBI and Crime Stoppers for information that leads to the arrest of Fulton.
Anyone with information about his whereabouts is asked to call the Houston office of the FBI at 713-693-5000 or call Crime Stoppers of Houston at 713-222-TIPS (8477). Text TIP610 plus your tip to CRIMES (274637) or visit www.crime-stoppers.org. All tipsters remain anonymous.
Beginning today, Clear Channel Outdoor will post messages on digital billboards across the Greater Houston and Galveston County area to publish the reward and a picture of the fugitive. Clear Channel Outdoor is donating space and time on its digital billboards as a public service to the community.
The charges are the result of an investigation conducted jointly by the FBI and Galveston Police Department. Assistant U.S. Attorney Sherri Zack is prosecuting the case.
The prosecution was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Ordered to Federal Prison in Drug Trafficking ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – Two men have been ordered to federal prison following their roles in a large-scale drug-trafficking conspiracy, announced U.S. Attorney Kenneth Magidson. Guillermo Herrera, 55, and Hector Alberto Burton aka Hector Alberto Camacho, 41, were found guilty by a jury following a three-day trial and less than two hours of deliberation on Feb. 11, 2015. Both were found guilty of conspiracy to possess with the intent to distribute more than 100 kilograms of marijuana and aiding and abetting each other to possess with the intent to distribute more than 100 kilograms of marijuana on Jan. 22, 2013.
Today, Senior U.S. District Judge Hayden Head, who presided over the trial, handed both men sentences of 87 months in federal prison. Both will also serve five years of supervised release following completion of their prison terms. At the hearing today, additional argument was presented including that Burton changed his name after speaking to law enforcement in 2013 and that Herrera has been continuously involved in criminal conduct since his 20s. Also, Judge Head ordered Herrera be deported to Cuba if U.S./Cuba relations are ever re-established. In handing down the sentence, Judge Head noted that this was a significant conspiracy involving a sophisticated organization.
Herrera, of Edinburg, and Burton, of Commiskey, Ind., were arrested in 2014 on charges relating to their participation in a South Texas drug-trafficking organization. At trial, the government presented evidence regarding the seizure of more than 500 pounds of marijuana. Evidence showed that Burton orchestrated the transportation of the marijuana from another state and Herrera was hired to drive the load.
Previously released on bond, Burton was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Herrera has been and will remain in custody.
The investigation leading to the criminal charges was conducted in Corpus Christi lead by the Drug Enforcement Administration, Texas Department of Public Safety, Aransas Pass Police Department, U.S. Marshals Service and the Kingsville Specialized Narcotics Task Force. Assistant U.S. Attorney Julie K. Hampton is prosecuting the case.
Houston Man Accused of Stealing from UK-based CompanyRead the Press Release
HOUSTON - Federal charges have been filed against Avery Lamarr Ayers, 48, of Houston, alleging he committed wire fraud by deceiving a foreign company into sending him more than $350,000 to which he was entitled, United States Attorney Kenneth Magidson announced today.
The indictment was returned under seal yesterday and unsealed today upon his arrest. He is expected to make his initial appearance before U.S. Magistrate Judge Stephen Wm. Smith tomorrow at 10:00 a.m.
According to the allegations in the indictment, from approximately Nov. 21, 2014, through March 9, 2015, Ayers deceived a United Kingdom based company - Impact Oil and Gas - into sending him $357,000 for a purported contractual agreement. Ayers allegedly reported to be a representative of Minas & Hidrocarbonetos-GB SARL, the legitimate company that was owed the funds from Impact Oil and Gas. The indictment alleges Ayers deceived the company and caused them to wire the $357,000 to Ayers’ Comerica Bank account here in Houston.
If convicted, he faces up to 20 years in prison and a possible $250,000 maximum fine.
The investigation leading up to the arrest was conducted by Homeland Security Investigations - Asset Identification and Removal Group. Assistant U.S. Attorney Suzanne Elmilady is prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.10 Arrested in Large-Scale Drug and Money Laundering ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – Several South Texas men and one from Houston have been arrested on charges including a marijuana trafficking conspiracy and laundering monetary instruments during an Organized Crime Drug Enforcement Task Force Operation (OCDETF) dubbed “Operation Black Mask,” announced U.S. Attorney Kenneth Magidson.
Josue Estrada, 37, of Rio Grande City, was arrested today and is expected to make his initial appearance in McAllen tomorrow at 9:00 a.m. before U.S. Magistrate Judge Peter Ormsby.
Gustavo Garza-Avalos aka Tavo, 36, of Houston, was arrested yesterday as were Rio Grande City residents Roel Rodriguez, 18, Elijio Perez, 24, Juan Antonio Perez aka Nune, 24, Luis De La Cruz, 47, Edgar Marroquin-Benavides, 35, Ricardo Gonzalez, 40, Jairo Gonzalez-Hernandez aka Toluca, 27, and Manuel Everardo Lopez aka Aldo, 33. Garza-Avalos made his initial appearance today in Houston, while the others appeared before Judge Ormsby in McAllen. All were ordered into custody pending their respective detention hearings.
The indictment remains sealed as to those charged but not as yet in custody.
All were charged in a sealed indictment returned March 11, 2015, which was unsealed upon each arrest.
The indictment charges all with conspiracy to possess with the intent to distribute more than 1000 kilograms of marijuana between June 1, 2012, and the date of the indictment. Rodriguez and Elijio Perez are also charged with conspiracy to commit money laundering on Dec. 2, 2013. A third count also charges Elijio Perez with being felon in possession of a firearm on that date.
Also included in the indictment is a notice that the government is seeking a personal money judgment from the defendants in the amount of $250,000.
If convicted of the marijuana conspiracy, each faces not less than 10 and up to life in federal prison as well as a possible $10 million fine. If convicted of the money laundering charge, Rodriguez and Elijio Perez face up to 20 years in federal prison and a possible $500,000 fine (or twice the value of the monetary instrument or funds involved in the transactions or both). Elijio Perez further faces another 10 years in prison on the firearm charge, upon conviction.
The investigation leading to the indictment was conducted through OCDETF in Corpus Christi, McAllen, Falcon Dam and Houston by Homeland Security Investigations, Drug Enforcement Administration, Internal Revenue Service—Criminal Investigation, The Bureau of Alcohol, Tobacco, Firearms and Explosives, Border Patrol, Alice Police Department, sheriff’s offices in Jim Wells and Harris Counties, Starr County High Intensity Drug Trafficking Area Task Force, Texas Department of Public Safety and the United States Marshals Service.
The case is being prosecuted by Assistant United States Attorney Julie K. Hampton.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Laredoan Sentenced for Receiving and Sharing Child PornographyRead the Press Release
LAREDO, Texas – Alberto Garza-Gaona, 27, of Laredo, has been ordered to federal prison for receiving and sharing child pornography, announced U.S. Attorney Kenneth Magidson. He pleaded guilty Sept. 5, 2014.
Today, U.S. District Judge Marina Garcia Marmolejo handed Garza-Gaona a sentence of 84 months in federal prison to be immediately followed by 10 years of supervised release. He was further ordered to register as a sex offender under the Sex Offender Registration and Notice Act. Garza-Gaona is a student Visa holder and is expected to face deportation proceedings following completion of his sentence.
In February 2014, an investigation was launched and focused on the distribution and receipt of child pornography through electronic file sharing using peer-to-peer (P2P) networks. Soon after, law enforcement discovered various child pornography videos that had been downloaded to a to a specific IP address. That IP address was identified as belonging to Garza-Gaona.
A search warrant was executed at his residence on June 4, 2014, at which time agents seized numerous computer and storage devices. A subsequent forensic analysis led to the discovery of 27,134 images and 23 videos containing child pornography. An additional 497 child pornography video file remnants had also been discovered. All of the materials were found on devices located in the Garza-Gaona’s bedroom connected to various P2P networks.
Garza-Gaona admitted he downloaded the child pornography and that all of the media devices found in his bedroom belonged to him.
At the hearing today, a Homeland Security Investigations (HSI) agent testified regarding the high volume of pornographic videos found on Garza-Gaona's computer. Upon sentencing Garza-Gaona, Judge Marmolejo commented that child pornography is the torturing of young children. Garza-Gaona will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI and the Webb County Sherriff’s Department investigated. Assistant U.S. Attorney Sanjeev Bhasker is prosecuting the case.
The charges were the result of Operation Child Guardian, which was launched by the Webb County Sheriff’s Office in 2009. The success of these investigations have put dozens of suspected child predators behind bars.
The prosecution 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."
DOD Employee Pleads Guilty for Engaging in Illicit Sexual Conduct with A Minor in HondurasRead the Press Release
HOUSTON – A civilian employee from the Department of Defense pleaded guilty today to one count of engaging in illicit sexual conduct with a minor in a foreign place, announced U.S. Attorney Kenneth Magidson and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.
William Curry McGrath, 55, of San Antonio, pleaded guilty before U.S. District Judge Lee H. Rosenthal in Houston.
According to admissions made in connection with his guilty plea, McGrath was the director of the Network Enterprise Center at the Soto Cano Air Base in Comayagua, Honduras, from December 2012 until his departure in March 2014. McGrath admitted that while stationed in Honduras, he met a 13-year-old girl and began a sexual relationship with her. He further admitted he gave the girl money, gifts and other items of value in exchange for sexual acts.
A sentencing hearing is scheduled for Aug. 6, 2015. At that time, he faces up to 30 years in federal prison and a possible $250,000 fine. He was arrested in October 2014 and has been in custody since that time.
The investigation was conducted by the FBI’s Houston Division. The case is being prosecuted by Assistant U.S. Attorney Sherri Zack and Trial Attorney Amy E. Larson of the Criminal Division’s Child Exploitation and Obscenity Section.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Husband and Wife Sentenced in Multi-Million Dollar Healthcare Fraud SchemeRead the Press Release
HOUSTON – William Owuama, 56, and Marla Owuama, 47, have been sentenced following their convictions related to a healthcare fraud scheme in which Mr. Owuama’s Company billed Medicare and Medicaid for more than $9 million, announced U.S. Attorney Kenneth Magidson. Both pleaded guilty Feb. 2, 2015. A third defendant – Florida Holiday Island, 65 – is set to be sentenced on Wednesday. All are from Houston.
Today, U.S. District Judge Nancy F. Atlas sentenced William Owuama to a total of 60 months in federal prison for his conviction of conspiracy to commit healthcare fraud and violate the anti-kickback statute. Mr. Owuama must also serve a three-year-term of supervised release following completion of his prison sentence. Marla Owuama was convicted of misprision of a felony for helping to conceal the crime and was ordered to serve a 12-month-term of probation with a condition of home confinement to be followed by one year of supervised release. In addition to their sentences, the Owuamas were ordered to pay $3,951,019.89 in restitution. In handing down the sentences, Judge Atlas noted the massive size of the scheme.William Owuama was the owner of Wilmar Healthcare Systems and his wife was a registered nurse who helped run the clinic. William Owuama violated the anti-kickback statute by participating in the scheme which paid Medicare beneficiaries for visiting the clinic. He also billed Medicare and Medicaid for vestibular testing that was never performed and, for part of the conspiracy, billed under the provider number of a local doctor while that doctor was incarcerated on unrelated charges. From January 2006 through October 2009, Medicare and Medicaid paid Wilmar more than $4.7 million based on the fraudulent claims.
Previously released on bond, all 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 investigation leading to the charges in this case was conducted by the U.S. Department of Health and Human Services – Office of Inspector General, FBI and the Texas Attorney General’s Office Medicaid Fraud Control Unit. Assistant U.S. Attorneys Andrew Leuchtmann, John Pearson and Adrienne Frazior prosecuted the case.
Houston Man Pleads Guilty to Being Alien Smuggling BossRead the Press Release
CORPUS CHRISTI, Texas – A Houston man entered a plea of guilty in Corpus Christi federal court today for his role in a conspiracy to harbor and transport illegal aliens, announced U.S. Attorney Kenneth Magidson. Homero Gonzalez-Carranza, 30, pleaded guilty to being a boss in this conspiracy which existed from January 2007 until January 2015.
Gonzalez-Carranza, a citizen of Mexico who resided in Houston, 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.
It is estimated that thousands of illegal aliens were transported and harbored during this conspiracy.
Gonzalez-Carranza is scheduled to be sentenced July 14, 2015, by Senior United States District Judge Hayden Head. At that time, Gonzalez-Carranza faces up to 20 years in prison and up to a $250,000 fine.
The case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Chad W. Cowan is prosecuting the case.
Tax Preparer Heads to Prison for Stealing More Than $228,000; Barred from Tax PreparationRead the Press Release
LAREDO, Texas – Michelle A. Morin has been ordered to prison for aiding and assisting in the preparation of false and fraudulent income tax returns, announced U.S. Attorney Kenneth Magidson along with Lucy Cruz, special agent in charge of IRS-Criminal Investigation (IRS-CI). Morin owned and operated Discount Tax Service, a Laredo-based tax preparation business, and admitted to causing more than $228,000 in tax loss to the government. She pleaded guilty June 10, 2014.
Today, U.S. Senior District Judge George P. Kazen handed Morin a sentence of 30 months in federal prison to be immediately followed by one year of supervised release. She was further ordered to pay $20,146 in restitution. Morin is also barred from ever engaging in a tax preparations business.
At the hearing, an IRS agent testified regarding Morin’s fraudulent tax preparation business. Morin continued to prepare fraudulent taxes while on bond and has agreed never to engage in a tax preparation business. Upon sentencing Morin, Judge Kazen commented that she has robbed U.S. tax payers of hard-earned money. He added that Morin probably stole more money and that the IRS will eventually find it.
Between tax years 2007 - 2010, Morin aided and assisted in the preparation of fraudulent returns by willfully placing false items on tax returns she prepared for clients knowing they were not entitled to claim them. Such claims included false Schedule A itemized deductions, false Schedule C business losses and false Form 5695 residential energy credits in addition to gifts to charity, job expenses and miscellaneous deductions. Morin also, in certain instances, improperly directed portions of taxpayer tax refunds into her personal bank account.
As part of her plea, Morin admitted fraudulently claiming a false Schedule C loss in the amount of $83,184.00 for a non-existent online business on a on a taxpayer’s 2009 tax return. Morin also fraudulently reported $2,000 in residential energy credits that she knew the taxpayer was not entitled to claim. Subsequently, Morin improperly directed $2,000 of the false refund to her personal account.
Morin was permitted to remain on bond, with the condition she does not prepare taxes, and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by IRS-CI and is being prosecuted by Assistant United States Attorney Sanjeev Bhasker.
Houston Man Sentenced in Galleria Mall Bank RobberyRead the Press Release
HOUSTON - Emiliano Trevino, 25, has been ordered to prison following his conviction of one count of bank robbery, announced U.S. Attorney Kenneth Magidson. Trevino pleaded guilty Jan, 29, 2015.
78 months; $2927.51 in restitution; supervised release 4 years
Today, U.S. District Judge David Hittner, who accepted the guilty plea, handed Trevino a 78-month sentence to be immediately followed by four years of supervised release.
On Oct. 16, 2014, Trevino robbed the BBVA Compass Bank at gunpoint located inside the Houston Galleria Mall on Westheimer Road in Houston. The robbery occurred at approximately 12:45 p.m. during normal shopping hours.
Trevino entered the bank and asked for a withdrawal of 20s, 50s and 100s. As he demanded the money, he pulled out a black revolver from his jacket, displaying the gun to the teller.
Trevino will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the FBI Violent Crimes Task Force with assistance of the Houston Police Department. Assistant U.S. Attorney Julie Searle is prosecuting.