Western District of Texas
Press releases recorded for this federal judicial district.
Pearsall Felon Sentenced to Prison for Dealing Fentanyl and Possessing a Stolen FirearmRead the Press Release
SAN ANTONIO – A Pearsall man was sentenced in a federal court in San Antonio to 24 years in prison for one count of felon in possession of a firearm and one count of conspiracy to possess with intent to distribute fentanyl.
According to court documents, Elberto Roy Trevino Jr. aka Lil Roy, 50, conspired with others to possess with intent to distribute fentanyl in July 2022. Specifically, on July 4, 2022, Trevino coordinated via text message to sell a substance to an individual. The individual believed they were purchasing cocaine from Trevino. Later that day, the individual was found deceased. From the scene, officers recovered loose powder and a rock-like substance that each tested positive for fentanyl, and another white powder that tested positive for cocaine.
On the same day, two other individuals were found deceased inside their Pearsall residence. Officers removed a bag that contained .21 grams of white powdery substance that tested positive for fentanyl.
On July 27, 2022, officers executed a search warrant at Trevino’s residence, recovering approximately 44.2 grams of 98% pure methamphetamine, 46.4 grams of a mixture of heroin and fentanyl, a bag containing miscellaneous ammunition, and a handgun that had been reported stolen out of San Antonio.
Trevino pleaded guilty on Aug. 30, 2023 to one count of felon in possession of a firearm and one count of conspiracy to possess with intent to distribute fentanyl. At the sentence hearing, U.S. District Judge Xavier Rodriguez sentenced Trevino to 120 months in prison for the felon in possession of a firearm charge, and 292 months for the conspiracy charge. Both penalties will run concurrently.
“Several people in the Pearsall community lost their lives over one Fourth of July weekend because of a single batch of fentanyl-laced cocaine,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “While the victims chose to engage in illicit drug use, had it not been for the miniscule amount of deadly fentanyl they ingested, they likely would still be alive today. This is a very dangerous poison that everyone must be cautious of, and, with the efforts of our partners, we will continue to disrupt the infiltration of fentanyl into our communities.”
"This case demonstrates the ongoing fentanyl threat facing our country today and the complete disregard for human lives,” said Special Agent in Charge Daniel C. Comeaux for the Drug Enforcement Administration Houston Division. “A batch laced with fake fentanyl instantly claimed the lives of four people, three of whom Trevino was responsible for. We understand this sentence won't be a closure for the families forever grieving these tragic losses. Still, we want this sentence to be a clear reminder to those who are thinking about selling fake fentanyl to realize there will be grave consequences awaiting."
The DEA, Pearsall Police Department and Bexar County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Amy Hail prosecuted the case.
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New Braunfels Business Owner Sentenced to Federal Prison for Tax EvasionRead the Press Release
SAN ANTONIO – A New Braunfels woman was sentenced in a federal court in San Antonio to 18 months in prison for failure to account for and pay over withholding taxes.
According to court documents, Rachel Nicole Woolard, 50, owned and operated a healthcare staffing company called Reliance Therapy Staffing, LLC. From the first quarter of 2018 through the first quarter of 2020, she willfully failed to account for and pay over employment taxes for nine tax periods, resulting in a total tax loss of $924,752.76. At the sentence hearing, U.S. District Judge Xavier Rodriguez ordered Woolard to pay the full amount in restitution to the U.S. Treasury.
“This defendant largely ignored the financial accountability that comes with owning and operating a business,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “It is critical to understand, especially in the middle of tax season, your responsibility when it comes to paying taxes. If you choose to pocket taxes that you owe, our partners at IRS Criminal Investigation will uncover your fraud and we will hold you accountable with serious consequences.”
"Woolard made a conscious decision to evade paying nearly $1 million in taxes, enabling her to live a more lavish lifestyle. She knowingly engaged in illegal activity and now she must pay the price," said Special Agent in Charge Ramsey E. Covington of IRS Criminal Investigation’s Houston Field Office. "This sentencing, occurring during tax season, emphasizes the dedication of CI and the U.S. Attorney’s Office to ensuring tax criminals are held accountable for their actions.”
IRS CI investigated the case.
Assistant U.S. Attorney William Harris prosecuted the case.
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Justice Department Secures Agreement with Hotel in Austin to Ensure Access for People with DisabilitiesRead the Press Release
AUSTIN, Texas – The United States reached a letter agreement under the Americans with Disabilities Act (ADA) with the Hilton Garden Inn Austin University Capitol District, to resolve alleged violations of Title III of the Americans with Disabilities Act. The agreement requires the hotel to train its staff and provide equal service to customers with disabilities.
The Department of Justice received an ADA complaint alleging that after reserving an accessible room, when an individual with a disability attempted to check-in, the Hilton Garden Inn provided a standard room that lacked bathroom grab bars or shower accommodations. This left the complainant without a usable bathroom during her stay. The complaint prompted an investigation by the U.S. Attorney’s Office for the Western District of Texas. The ADA requires that hotels provide access to individuals with disabilities, including honoring reservations, providing fully accessible rooms, and making accommodations.
“For people with disabilities, travel can be stressful due to concerns that they won’t have basic accommodations, such as a place to sleep at night or access to appropriate hygiene facilities,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “People with disabilities should not be denied these necessities in lodging. The ADA ensures that all people traveling with disabilities who are traveling can find hotels that will provide equal access to their rooms and facilities.”
Assistant U.S. Attorney Liane Noble represented the government during the resolution process.
For more information about the ADA, visit www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Human Smuggling Organization Leader Sentenced in San AntonioRead the Press Release
SAN ANTONIO – A Kaufman man was sentenced in a federal court in San Antonio to 97 months in prison for his role in a conspiracy to transport undocumented noncitizens.
According to court documents, Fredi Zagala-Servin, 40, was a longtime leader and organizer of a human smuggling organization (HSO) that smuggled hundreds of undocumented noncitizens from Laredo to San Antonio inside tractor trailers. He would speak with a co-conspirator in Mexico and provide another co-conspirator with pick-up locations for the drivers to load migrants into the tractor trailers in Laredo. He would then monitor the load throughout the transport and relay updates between the parties. Zagala-Servin was involved in the coordination of at least 10 human smuggling events for financial gain with the HSO. He was arrested June 23, 2022 and has remained in federal custody.
In May 2021, the Homeland Security Investigations San Antonio Division began investigating the criminal activity of the HSO. HSI was able to link at least 19 human smuggling events involving the actual apprehension of more than 900 aliens to the HSO. Between May 2021 and June 2022, HSI interdicted nine of the HSO's tractor trailers carrying smuggled noncitizens. The loads ranged from approximately 30 to more than 100 migrants travelling in a single trailer.
In addition to imprisonment, Zagala-Servin was ordered three years supervised release and a money judgement of $410,250.
“This human smuggling organization put the lives of hundreds of migrants in jeopardy by transporting them across south Texas in tractor trailers,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “It is important that people like this defendant, who endanger those lives for profit, are held accountable by our justice system. I commend our partners at HSI and all of Joint Task Force Alpha for their investigative skills and their tireless efforts to uncover this criminal conspiracy.”
“This sentencing sends a clear message to those thinking of engaging in human smuggling activity,” said Special Agent in Charge Craig Larrabee for the HSI San Antonio Division. “HSI and our law enforcement partners take an aggressive stance against human smuggling, and we will continue to work together to investigate and ultimately dismantle these criminal organizations.”
HSI and JTFA investigated the case.
Assistant U.S. Attorney Amanda Brown prosecuted the case.
These charges resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security. JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California. Dedicated support is also provided by numerous components of the Criminal Division that are part of JTFA, led by HRSP, and supported by ODPAT, the Narcotic and Dangerous Drug Section, the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations, OIA, and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 270 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 210 convictions; significant jail sentences imposed; and forfeitures of substantial assets.
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Member of Criminal Organization Pleads Guilty to Deadly Kidnapping in El PasoRead the Press Release
EL PASO, Texas – An El Paso man who served as a soldier in a transnational criminal organization (TCO) pleaded guilty in a federal court in El Paso to kidnapping resulting in death.
According to court documents, Armando Leonardo Moreno aka Cholo, 21, conspired with other TCO members on or around Sept. 13, 2021, to kidnap a subject from an El Paso stash house. The kidnappers drove the subject to another address, dragged him out of the vehicle and beat him in the front yard of the home before taking him inside and beating him further. On Sept. 16, 2021, the subject was found deceased in Las Cruces, New Mexico, with multiple gunshot and stab wounds.
Moreno faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Codefendant Michelle Karen Avila was previously sentenced to 120 months in prison, while codefendant Ruben Pimentel was sentenced to 188 months. Codefendants Alberto Rodriguez and Ricardo Matthew Gutierrez remain in federal custody awaiting sentencing.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
Homeland Security Investigations, the El Paso Police Department, the New Mexico State Police, and the Texas Department of Public Safety are investigating the case.
Assistant U.S. Attorneys Sarah Valenzuela and Ian Hanna are prosecuting the case.
These charges resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security. JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California. Dedicated support is also provided by numerous components of the Criminal Division that are part of JTFA, led by HRSP, and supported by ODPAT, the Narcotic and Dangerous Drug Section, the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations, OIA, and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 270 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 210 convictions; significant jail sentences imposed; and forfeitures of substantial assets.
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Fort Worth Woman Sentenced to 24 Years in Federal Prison for Drug TraffickingRead the Press Release
DEL RIO, Texas – A Fort Worth woman was sentenced in a federal court in Del Rio to 292 months in prison for her role in a conspiracy to import methamphetamine into the U.S.
According to court documents, Sally Renae Smith, 54, conspired with others to import 3.422 kilograms of methamphetamine which had a purity of 100%. Smith exchanged text messages with a co-conspirator trafficking methamphetamine into the U.S. from Mexico, instructing her to drive to her motel room in Del Rio once she made it through the point of entry.
Smith was arrested on September 8, 2020, and has remained in federal custody since her arrest. She pleaded guilty on July 21, 2021. Smith's three co-conspirators also pleaded guilty and remain in federal custody awaiting sentencing.
“This prison sentence of more than two decades is indicative of how serious we are in dismantling these drug trafficking organizations,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thank you to our partners at Homeland Security Investigations for their work in the investigation of this case. Importing illicit drugs into this country has severe consequences, which, alongside our law enforcement partners, we will enforce.”
“HSI will continue to aggressively pursue narcotics traffickers,” said Special Agent in Charge Craig Larrabee for the HSI San Antonio Division. “Our work is not done, and our resolve in attacking the drug trade is as strong as ever. HSI will continue to investigate, arrest and prosecute those involved in narcotics trafficking to keep our communities safe.”
HSI investigated the case.
Assistant U.S. Attorney Rex Beasley prosecuted the case.
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El Paso Fentanyl Dealer Sentenced to More Than 10 Years in PrisonRead the Press Release
EL PASO, Texas – An El Paso man was sentenced in a federal court in El Paso to 130 months in prison for possession with intent to distribute fentanyl.
According to court documents, Gary Everett Rinker, 56, sold approximately 200 pills containing 19.8 grams of fentanyl to a buyer at an El Paso hotel. The criminal complaint filed July 12, 2023 alleged that over a separate three-day period Rinker sold quantities of counterfeit Oxycodone Hydrochloride 30 mg tablets to the buyer, totaling approximately 55 grams of fentanyl.
Rinker was arrested in July 2023 and pleaded guilty Nov. 1, 2023.
“This defendant was a prominent fentanyl dealer in the El Paso community who will spend the next decade off our streets, largely due to his extensive drug-related criminal history dating back to 2007,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I commend the joint efforts of our partners at FBI and the Drug Enforcement Administration, as well as the dedicated attorneys of the Western District who continue to aggressively prosecute these offenders.”
“Fentanyl continues to be a considerable threat to our communities, ending the lives of our neighbors, friends and loved ones who, in many cases, aren’t even aware they’re taking the drug,” said Special Agent in Charge John Morales for the FBI El Paso Field Office. “FBI El Paso and our Drug Enforcement Administration partners are working together will come after anyone supplying poison to innocent lives and bring them to justice.”
“Our Fentanyl Overdose Response Team (FORT) does not just investigate fatalities caused by fentanyl,” said Towanda Thorne-James, Special Agent in Charge of the DEA’s El Paso Division. “By putting Mr. Rinker behind bars, FORT worked proactively to potentially save lives. Rinker was not the first fentanyl dealer targeted by our FORT, and he won’t be the last.”
The FBI and DEA investigated the case.
Assistant U.S. Attorney Richard Watts prosecuted the case.
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Tennessee Man Sentenced to Prison for Assaulting Flight Attendant in AustinRead the Press Release
AUSTIN, Texas – A Tennessee man was sentenced in a federal court in Austin to six months in prison for simple assault on an aircraft in the special aircraft jurisdiction of the United States.
According to court documents, on March 20, 2022, Michael Goins, Jr., 35, of Spring Hill, assaulted a flight attendant on a Southwest Airlines flight. The aircraft landed at Austin Bergstrom International Airport and was sitting on the airport apron awaiting the availability of an arrival gate. Goins, a passenger, loudly uttered several expletives during a cell phone call which was overheard by passengers seated near him. A passenger traveling with children was disturbed by the language used by Goins, which led to his aggressive response toward the passenger. During an altercation, Goins intentionally and deliberately pushed his closed fist into a flight attendant’s upper abdomen and pushed her back, causing her pain.
The six-month prison sentence is the statutory maximum. In addition to his imprisonment, Goins was ordered to pay $650.00 in restitution.
“This prison sentence reflects the seriousness of these types of crimes and promotes respect for the law,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Airline passengers and employees should be able to travel safely, and this violent behavior cannot be tolerated.”
"As a passenger on an active flight, Mr. Goins disruptive behavior escalated into a violent outburst directed at a flight attendant,” said Special Agent in Charge Aaron G. Tapp of the FBI San Antonio Field Office. “The FBI is dedicated to ensuring Americans can go to work and travel by plane without the fear of being attacked. We are grateful to our partners at the Austin Police Department for their work on this case – and their ongoing dedication to keeping our citizens safe.”
The FBI and Austin Police Department investigated the case.
Assistant U.S. Attorney Sharon Pierce prosecuted the case.
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Mexican National Sentenced to 10 Years in Federal Prison for Illegal Re-EntryRead the Press Release
DEL RIO, Texas – A Mexican national was sentenced in a federal court in Del Rio to 120 months in prison for illegal re-entry into the United States.
According to court documents, Gabriel Aguado-Contreras, 42, of Leon, Guanajuato, Mexico was encountered by U.S. Border Patrol agents near Brackettville in January 2019. During processing at the Brackettville Border Patrol Station, he was identified as having been previously deported multiple times since 2006. Additionally, Aguado-Contreras had previously been convicted of multiple felonies.
Aguado-Contreras was arrested Jan. 18, 2019 and has remained in federal custody since. His 10-year prison sentence includes credit for time served since his arrest.
“This defendant was not only a repeat offender on the illegal re-entry charge but carried with him numerous other felonies,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “The lengthy sentence is certainly reflective of the charge, and I appreciate the work of our partners at the Border Patrol in helping us keep our communities and citizens safe.”
USBP investigated the case.
Assistant U.S. Attorney Joshua Banister prosecuted the case.
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Mexican National Sentenced for Trafficking Cocaine into U.S. from MexicoRead the Press Release
PECOS, Texas – A Mexican national was sentenced in a federal court in Pecos to 41 months in prison for cocaine trafficking.
According to court documents, Ana Cristina Alarcon Rios, 24, of Chihuahua, was stopped for speeding along Highway 90 in Alpine by a Brewster County Sheriff’s Deputy. A canine search of her vehicle revealed 10 bundles containing 11.1 kilograms of cocaine destined for Denver, Colorado. Rios pleaded guilty on Aug. 25, 2023 to possession with intent to distribute cocaine.
“This sentence serves as a warning to anyone who would consider trafficking illicit drugs into the U.S.,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to our partners at the local and federal levels, these offenders run a high risk of being apprehended and prosecuted for their crimes.”
HSI and the Brewster County Sheriff’s Department investigated the case.
Assistant U.S. Attorneys Scott Greenbaum and Dustin Farahnak prosecuted the case.
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Terlingua Man Sentenced to 7 Years in Prison for Child PornographyRead the Press Release
ALPINE, Texas – A Terlingua man was sentenced in a federal court in Alpine to 87 months in prison for possession of child sexual abuse material (CSAM).
According to court documents, Harold Lee McMullen, 74, possessed more than 400 images depicting the sexual abuse of children. He was subjected to a search warrant after a Texas Department of Public Safety agent identified his computer’s IP address as exchanging CSAM over BitTorrent. McMullen was arrested Aug. 15, 2023 and pleaded guilty Sept. 14, 2023.
“The sexual abuse of children is horrific and individuals like Mr. McMullen who further traffic such despicable material continue the harmful exploitation of these innocent children,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Along with our partners, we will continue to hold offenders accountable for their actions.”
HSI and Texas DPS investigated the case.
Assistant U.S. Attorney Amy Greenbaum prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Stash House Operator Sentenced for Human Smuggling Charges in Del RioRead the Press Release
DEL RIO, Texas – A California woman was sentenced in a federal court in Del Rio to 76 months in prison for her role as a stash house operator and facilitator for a human smuggling organization (HSO).
According to court documents Veronica Pech, 57, of Ridgecrest, California, operated several stash houses in Del Rio and facilitated the harboring and transport of undocumented noncitizens. Pech had organized pickups from the brush of many migrants, harbored them at her stash houses, and ultimately arranged for them to be transported into the interior of the U.S. From Jan. 1, 2021, through March 30, 2021, Pech harbored approximately 500 undocumented noncitizens.
As a leader and organizer, Pech was also responsible for the finances of the HSO’s harboring operation in Del Rio, paying the rent of a stash house, paying guides and load drivers, paying for the migrants’ food and drinks, and ensuring funds were appropriated and sent to the organization’s upper leadership.
On March 30, 2021, U.S. Border Patrol agents arrested Pech and apprehended 35 undocumented migrants she was harboring at her main stash house. She pleaded guilty in November 2021 to one count of conspiracy to harbor illegal aliens. In addition to the imprisonment, Pech was ordered to pay a $5,000 fine.
Co-defendant Dakota Leon, 31, who operated as a load driver for the HSO, was sentenced in March 2023 to 46 months for conspiracy to transport aliens.
"Pech ran multiple stash houses and played many key roles in the operation of the organization that, in just three months, smuggled more than 500 migrants through Del Rio.” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Special thanks to the U.S. Border Patrol criminal investigators for disrupting and dismantling a major human smuggling organization operating from Del Rio to Comanche."
“Not only did these human smugglers conspire to undermine our nation’s immigration laws multiple times for their own profit, but they did so by thinking they would get away with their actions,” said Special Agent in Charge Craig Larrabee for the HSI San Antonio Division. “Thanks to the outstanding teamwork between HSI and BP, these smugglers will be spending the next several years behind bars.”
“Consequences are necessary to combat transnational criminal organizations,” said Chief Patrol Agent Robert Danley for the U.S. Border Patrol Del Rio Sector. “I am proud of how our strong law enforcement partnerships made this success possible and brought justice for our community.”
HSI and USBP investigated the case.
Assistant U.S. Attorney Brett Miner prosecuted the case.
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Former Owner of Austin Dental Practices Sentenced to Federal Prison for Wire FraudRead the Press Release
AUSTIN, Texas – A Pearland man was sentenced in federal court in Austin to 36 months in prison and ordered to pay more than $2 million in restitution after being convicted of wire fraud.
According to court documents, Clinton Finch Herzog, 49, defrauded investors in his dental practices of hundreds of thousands of dollars between 2016 and 2018. Herzog’s investors agreed to make capital investments in limited liability companies created by Herzog to manage dental practices. Herzog promised, among other things, that the relevant limited liability companies would not commingle investor funds with assets of any other person. Herzog routinely violated the limited liability company agreements by commingling investor funds with his own personal funds and by diverting investors’ money for his own personal use, including to pay for expensive meals, airline tickets and travel expenses, liquor, and jewelry.
In addition to imposing the 36-month prison sentence, the court sentenced Herzog to a supervised release term of three years and ordered him to pay $2,182,760.63 in restitution.
The FBI investigated the case.
Assistant U.S. Attorney Gabriel Cohen prosecuted the case.
*The mention of “Austin Dental Practices” in the headline of this press release does not infer that Mr. Herzog was the owner of the business named Austin Dental, and the two are not implied to be associated with each other.
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Del Rio Drug Traffickers Sentenced for Year-Long ConspiracyRead the Press Release
DEL RIO, Texas – Two defendants convicted of drug trafficking were sentenced in a federal court in Del Rio to a combined 25 years in prison for participating in a year-long conspiracy to distribute methamphetamine.
According to court documents, a coconspirator identified Roberto Tovar, 47, as one of several individuals to whom she provided methamphetamine for the purpose of distribution within the Del Rio area. Between June 2019 and June 2020, Tovar was involved in two transactions with undercover law enforcement agents. Melissa Villarreal, 36, was also named by another codefendant. Between June 2019 and June 2020, indicted co-conspirator Melissa Villarreal was involved in six undercover transactions. On five occasions, Villarreal sold a total of 253.7 grams of a substance which tested positive for methamphetamine. On the sixth transaction, she sold another 259.1 grams of methamphetamine.
Tovar pleaded guilty on June 24, 2021. He was sentenced to 168 months in prison. Villarreal pleaded guilty March 28, 2022. She was sentenced to 135 months. Codefendants Rose Vasquez Baker, Ray Nathan Garcia, Bryan Alexander Gomez, and Ruben Reyes remain in federal custody as they await their sentence hearings.
“In addition to the destruction that narcotics trafficking brings to our communities, the human cost on families, their children, and all individuals struggling from addiction to illegal drugs is immeasurable,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “By proactively investigating this prolific narcotic trafficking organization operating in and around Del Rio, our partners with Homeland Security Investigations has helped to disrupt and dismantle their dangerous drug trafficking activities.”
HSI investigated the case.
Assistant U.S. Attorney Brett Miner prosecuted the case.
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San Antonio Man Pleads Guilty to Fraud and Bribery ChargesRead the Press Release
SAN ANTONIO – A San Antonio man pleaded guilty yesterday to charges stemming from two separate indictments – one charging fraud and the other charging bribery.
According to court documents, Javor McCoy, 42, while trying to avoid a civil court appearance in Dallas, transmitted a criminal summons to an employee with the Dallas County Court showing he had to appear in court for a Western District of Texas federal indictment. The summons contained a false and fraudulent electronic signature of a United States magistrate judge and was altered to display a fictious appearance date for McCoy.
McCoy was previously charged on another case involving bribery of a public official. McCoy owned Ready 2 Go Transport Central LLC (R2G Central), a purported Service-Disabled Veteran Owned Small Business, providing transportation for veterans, including ambulance and wheelchair transportation.
His co-defendant on the bribery case, Glenn Dartone Johnson, 49, of San Antonio, was the contracting officer with the Department of Veteran’s Affairs (VA). McCoy paid Johnson approximately $100,000 for information regarding the VA bid process and for Johnson’s assistance in influencing the VA bid process to help R2G Central win competitive bids from the VA.
McCoy pleaded guilty to one count of fraud in connection with identification documents or authentication features and one count of conspiracy to commit bribery of a public official. A sentencing date has not been set. McCoy faces a maximum prison term of 15 years on the fraud count and a maximum prison term of five years on the bribery charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Johnson pleaded guilty on December 20, 2023, to one count of conspiracy to commit bribery of a public official. Johnson is set for sentencing on March 14, 2024.
U.S. Attorney Jaime Esparza of the Western District of Texas and Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division made the announcement.
The FBI and VA-OIG are investigating the case.
Assistant U.S. Attorney Justin Chung and Special Assistant U.S. Attorney Jay Porier are prosecuting the case.
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New Mexico Man Sentenced to More Than 27 Years in Prison for Cocaine DistributionRead the Press Release
PECOS – An Anthony, NM, man was sentenced this week to 327 months in prison for his role in a drug trafficking organization that distributed cocaine.
According to court documents, Gilberto Hernandez, aka “G”, 30, was the leader of the Hernandez drug trafficking organization (DTO). From August 2021 until November 2022, the Hernandez DTO trafficked approximately 58 kilos of cocaine throughout Texas, New Mexico and Colorado.
On May 26, 2023 Hernandez pleaded guilty to eight counts of possession with intent to distribute cocaine.
Five other co-defendants of Hernandez have been sentenced and one is awaiting sentencing. Cesar Rodarte, aka El Gordo, 38, of Anthony, NM, after pleading guilty to one count of conspiracy to possess with intent to distribute cocaine, was sentenced this week to 151 months in prison.
Daniel Ochoa Meza, 37, of Monahans, after pleading guilty to one count of conspiracy to possess with intent to distribute cocaine, was sentenced this week to 135 months in prison.
Anthony Bustos, Sr., aka Tony, 60, of Monahans was sentenced on September 22, 2023 to 87 months in prison. Bustos pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
Armiro Bernal Cabello, 45, of Fort Stockton, was sentenced on August 29, 2023 to 121 months in prison. Cabello pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
Juan Jose Mora, 41, of Vado, NM, was sentenced on May 23, 2023 to 27 months in prison. Mora pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
George Daniel Mendoza, 31, of Deming, NM, pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine. Mendoza is set to be sentenced on February 27, 2024.
“In a little over a year, the Hernandez DTO peddled over 127 pounds of cocaine throughout Texas, Mexico and Colorado,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I applaud the DEA for their diligence and persistence in taking down this drug organization.”
“If you attempt to set up a criminal enterprise in one of our communities, you will be introduced to the men and women of the DEA,” said Towanda Thorne-James, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “We will stop at nothing to shut you down and make sure you face the same justice handed down to Mr. Hernandez.”
The DEA’s Alpine Resident Office investigated the case.
Assistant U.S. Attorney Amy Greenbaum prosecuted the case.
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Kermit Man Sentenced for Distribution of MethamphetamineRead the Press Release
PECOS – A Kermit man was sentenced this week in federal court in Pecos to 115 months in prison for possession and distribution of methamphetamine and an additional 24 months in prison for a supervised release violation stemming from a felon in possession charge he was sentenced for in 2022 in Midland.
According to court documents, Brian Lee McGill, 43, while serving a term of supervised release on his 2022 conviction in Midland for being a felon in possession of a firearm, failed to stop for deputies with the Winkler County Sheriff’s Department during a traffic stop for speeding. Deputies pursued McGill, who was riding a motorcycle, at speeds as high as 115 miles per hour as McGill drove recklessly on the wrong side of the road and disregarded stop signs. Pursuit came to an end when the motorcycle either ran out of gas or had a mechanical failure. After securing the area, deputies recovered over 25 grams of crystal meth from McGill.
McGill pled guilty to possession and distribution of methamphetamine, for which the Court sentenced him to imprisonment for a term of 115 months. For having violated his term of supervised release on the firearm conviction the Court sentenced him to serve an additional 24 months in prison.
“We continue to work with our local, state, and federal law enforcement partners to take deadly drugs off the streets of our community,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “McGill’s lack of concern for others is apparent. His attempted escape from law enforcement put citizens and officers at risk. His peddling of toxic drugs puts our whole community in danger.”
“Illicit synthetic drugs like fentanyl and methamphetamine are killing Americans at alarming rates,” said Towanda Thorne-James, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “Mr. McGill contributed to that, so he must now pay the price. The men and women of the DEA remain committed to disrupting the operations of all other drug dealers in our community.”
DEA’s Alpine Resident Office and the Winkler County Sheriff’s Department investigated the case.
Assistant U.S. Attorney Amy Greenbaum prosecuted the case.
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Former San Antonio Dentist Sentenced to 30 Years for Producing Child Sexual Abuse MaterialRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced yesterday in a federal court in San Antonio to 360 months in prison, lifetime supervised release, a $45,000 restitution to victims and ordered to pay a total of $55,100 in special assessments for his role in the production of child pornography.
According to court documents, Abiel Alejandro Saldivar, 33, who worked as a dentist in San Antonio, messaged numerous minors on various social media applications telling them he had nude images of them, and that he would post them if they did not engage in and record sexual activity for him. Saldivar was arrested on Jan. 21, 2022, and has remained in custody since. He pleaded guilty to the charge May 3, 2023.
“The defendant, a local pediatric dentist, was aggressively and ruthlessly sexually exploiting children via social media,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This case demonstrates the benefits of collaboration between local, state and federal law enforcement to serve victims and hold perpetrators, especially those who prey on the most vulnerable of our society, accountable.”
“The significant sentence imposed on Abiel Saldivar sends a clear message that there are serious consequences for those individuals who exploit children. Saldivar will serve the next 30 years in federal prison for his reprehensible acts” said HSI San Antonio Special Agent in Charge, Craig Larrabee. “We remain committed to working with our federal, state and local law enforcement partners to aggressively pursue those who victimize our children.”
HSI; Whatcom County, WA Sheriff’s Office; and the Texas Attorney General’s Office investigated the case.
Assistant U.S. Attorney Bettina Richardson prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Federal Judge Sentences San Antonio Cell Tower Arsonist to 78 Months in PrisonRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced yesterday in a federal court in San Antonio to six and a half years in prison for felon in possession of a firearm and arson affecting interstate and foreign commerce.
According to court documents, Sean Aaron Smith, 30, maliciously attempted to damage and destroy, by means of fire, multiple cellular telephone towers around San Antonio between April 2021 and May 2022.
Smith was arrested in a traffic stop on May 13, 2022. During the traffic stop, law enforcement officers located a handgun on the floorboard in front of the driver’s seat. Executing a search warrant for Smith’s apartment on May 15, 2022, investigators found additional firearms. Smith knowingly possessed the firearms after being previously convicted of two felony crimes where he served more than a year imprisonment on each. Smith pleaded guilty on Aug. 17, 2023 to six counts of arson of cellphone towers and two counts of felon in possession of a firearm.
“My office will not tolerate attacks on our critical infrastructure seeking to shut down our cellular telephone system and endangering our citizens who need to use our 911 emergency systems,” said U.S. Attorney Jaime Esparza for the Western District of Texas.
“An attack on the infrastructure of a community has the potential for devastating effects,” said Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division. “Sean Smith tried multiple times to burn cell phone towers down around San Antonio, in support of his anti-5G ideology. When he was caught, he had a handgun in his vehicle, despite his status as a convicted felon. We want to thank the San Antonio Fire Department Arson squad, FBI, San Antonio Police Department, Texas Department of Public Safety, and Texas Rangers for their continued assistance in keeping our communities safe.”
The San Antonio Fire Department Arson Squad, FBI, San Antonio Police Department, Texas Department of Public Safety, and Texas Rangers investigated the case.
Assistant U.S. Attorney Mark Roomberg prosecuted the case.
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Former Physician is Sentenced to 30 Months after Conviction for Diverting Prescription OpioidsRead the Press Release
SAN ANTONIO – A former San Antonio doctor was sentenced in federal court yesterday to 30 months in prison for conspiring with others to dispense controlled substances without a legitimate medical purpose.
According to court documents, Paul Silva, 48, admitted that he unlawfully and fraudulently issued more than 500 prescriptions for more than 40,000 dosage units of controlled substances, primarily opioids, in the names of living and deceased family members, former patients and others, after his medical license expired and then was suspended. Co-conspirators picked up the prescription medications and distributed them to unknown individuals and not to legitimate patients of the doctor.
Silva’s co-defendants Denton Thomas, 38, and Nicholas Klumpp, 32, both of San Antonio, pleaded guilty earlier. Thomas pleaded guilty to one count of dispensing and possession with intent to dispense a controlled substance without lawful medical purpose and aiding and abetting. He is scheduled for sentencing in April 2024. Klumpp pleaded guilty to one count of conspiracy to dispense and to possess with intent to dispense and distribute controlled substances without lawful medical purpose and one count of dispensing and possession with intent to dispense a controlled substance without lawful medical purpose and aiding and abetting. On September 25, 2023, Klumpp was sentenced to 27 months on both counts to run concurrently.
“The nonmedical use of opioids and opioid addiction has become a nationwide epidemic. Overdose deaths in this country have eclipsed automobile deaths as the leading cause of death. By dispensing opioids and other controlled substances that were meant for legitimate medical treatment and working to have them distributed on the streets for profit, Silva has contributed to this epidemic and endangered many lives,” said. United States Attorney Jaime Esparza. “My office will continue to work closely with the Drug Enforcement Administration and other law enforcement agencies to attempt to slow this epidemic by going after physicians and others who divert prescription drugs from their legitimate medical purpose to the streets.”
“Despite losing his medical privileges in the State of Texas, Silva continued to prescribe hundreds of highly addictive prescription pills to himself and fictitious patients, further fueling the opioid problem facing our country," said DEA Special Agent in Charge Daniel C. Comeaux of the Houston Division. “Our collaborative efforts will continue to hold those who hurt our communities by defrauding the system accountable.”
DEA investigated the case.
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Former Marfa Substitute Teacher Pleads Guilty to Producing Child Sexual Abuse MaterialRead the Press Release
ALPINE – Sonya Conchita Murillo, 32, who was a substitute teacher for the Marfa Independent School District, pleaded guilty last week to one count of production of child pornography.
According to court documents, during an investigation involving Murillo’s former boyfriend, Patricio Javier Serrano, 36, for possessing child sexual abuse materials, videos also were found of Murillo sexually abusing a minor.
Murillo pleaded guilty to one count of production of child pornography. A sentencing date has not been set. Murillo faces a maximum penalty of 30 years in prison and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Murillo has been in federal custody since her arrest on June 7, 2023.
Serrano, who was charged in a separate indictment, was arrested on May 11, 2023, and has remained in federal custody since his arrest. Serrano, a former Marfa youth softball coach, pleaded guilty on October 27, 2023, to one count of transportation of child pornography, aiding and abetting and one count of possession of child pornography. He faces no less than five and up to 20 years in prison for the transportation charge, and up to 20 years in prison for the possession charge. Serrano’s sentencing date is set for February 27, 2024.
U.S. Attorney Jaime Esparza of the Western District of Texas; FBI Special Agent in Charge John S. Morales, El Paso Field Office; and HSI Special Agent in Charge Francisco B. Burrola, El Paso Division, made the announcement.
The FBI, HSI, Texas Department of Public Safety, and Marfa Police Department are investigating the case.
Assistant U.S. Attorneys Amy Greenbaum and Kevin Cayton are prosecuting the case.
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 CEOS, 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.justice.gov/psc.
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Former Killeen Housing Authority Executive Director Arrested on Federal Embezzlement ChargesRead the Press Release
WACO, Texas – An Austin woman was arrested this week on criminal charges related to her alleged embezzlement of federal funds for personal use while serving as the executive director of the Killeen Housing Authority (KHA).
According to court documents, DeAdra Johnson, 52, allegedly stole thousands of dollars designated for KHA programs and used them for personal use. A federal indictment alleges that Johnson used the stolen funds to pay for personal vehicle downpayments; vehicle repairs and loan payments; monthly rent; electricity and internet service bills; home furniture purchases; and the purchase of a flight for personal travel.
Now defunct, KHA managed more than 50 public housing residential units and administered housing programs enabling low-income families to lease or purchase safe and affordable housing. KHA had an annual contract with the U.S. Department of Housing and Urban Development (HUD) from which it received several hundred thousand dollars annually in assistance from the federal government.
Johnson is charged with nine counts of theft of government property and one count of false statement. If convicted, she faces up to 10 years in prison for each theft of government property charge and up to five years for the false statement charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas, Special Agent in Charge Bertrand Nelson for the Housing and Urban Development Office of Inspector General’s (OIG) Southcentral Region and Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division made the announcement.
HUD OIG and the FBI are investigating the case.
Assistant U.S. Attorneys Greg Gloff and Siddharth Dadhich are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Another Defendant Pleads Guilty to Multiple Charges in Fatal Tractor Trailer Smuggling CaseRead the Press Release
SAN ANTONIO – A Mexican national pleaded guilty in a federal court in San Antonio to four counts related to his involvement in the smuggling of at least 66 migrants in June 2022, which resulted in the deaths of 47 adults and six children.
According to court documents, Riley Covarrubias-Ponce aka Rrili aka Rilay, 31, was a member of the human smuggling organization responsible for the failed smuggling attempt that illegally brought adults and children from Guatemala, Honduras and Mexico into the U.S. In the days leading up to June 27, 2022, Covarrubias-Ponce coordinated with other members of the organization regarding the migrants who were being smuggled to Laredo for further transport to San Antonio. Additionally, he traveled from Houston to accompany the loaded tractor trailer as it transported the migrants north on Interstate Highway 35, ultimately ending up at the unloading location on Quintana Road in San Antonio, where it was discovered that many of the smuggled migrants had died.
Covarrubias-Ponce pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport aliens resulting in serious bodily injury and placing lives in jeopardy; one count of transportation of illegal aliens resulting in death; and one count of transportation of illegal aliens resulting in serious bodily injury and placing lives in jeopardy. He faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Another defendant in the case, Christian Martinez, 29, pleaded guilty to the same charges in September 2023. Other co-defendants whose cases are still pending include Homero Zamorano Jr., 47, who served as the driver of the tractor trailer; Felipe Orduna-Torres aka Cholo aka Chuequito/Chuekito aka Negro, 29; Luis Alberto Rivera-Leal aka Cowboy, 38; and Armando Gonzales-Ortega aka El Don aka Don Gon, 54. Relatedly, Juan Francisco D’Luna Bilbao pleaded guilty to the same charges as Martinez and Covarrubias-Ponce in addition to a firearms charge in June 2023.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Craig Larrabee for the HSI San Antonio Division made the announcement.
HSI is investigating the case with the assistance of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and has received tremendous support from Customs and Border Protection; Border Patrol; Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; the San Antonio Police Department; the Bexar County Sheriff’s Office; the San Antonio Fire Department; the Marshall Police Department; and the Palestine Police Department.
Assistant U.S. Attorneys Eric Fuchs, Sarah Spears and Amanda Brown are prosecuting the case.
These charges resulted in coordination with Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime. JTFA consists of federal prosecutors and attorneys from U.S. Attorneys’ Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement, and Customs and Border Protection’s U.S. Border Patrol, the FBI and the Drug Enforcement Administration.
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Federal Judge Sentences Drug Traffickers to Combined 56 Years in PrisonRead the Press Release
MIDLAND, Texas – A Midland man and woman were sentenced in a federal court in Midland to a combined 56 years in prison for methamphetamine trafficking and firearm charges.
According to court documents, Nikky Nicole Lujan, 37, and Raul Gonzalez, 38, possessed and distributed more than 11 kilograms of methamphetamine in and around Midland. Gonzalez was also sentenced for possessing a firearm in furtherance of a drug trafficking crime. Midland police officers located and recovered methamphetamine, firearms, body armor, and thousands of dollars in currency while executing a search warrant at Gonzalez’s residence in May 2023.
Lujan and Gonzalez both pleaded guilty to multiple counts on Sept. 20, 2023. Lujan was sentenced to prison for 340 months, just over 28 years. Gonzalez was sentenced to prison for 334 months, just under 28 years.
“I appreciate the efforts of our local law enforcement partners for disrupting the drug trafficking operations of a major meth supply chain in the Permian Basin,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “The severe sentences in this case should serve as a warning to drug traffickers who operate in our communities. You will be vigorously prosecuted in this district, and you risk meeting the same demise.”
“This case serves as yet another example of the outstanding working relationship established between local law enforcement and our federal partners,” said Midland Police Chief Seth Herman. “I commend the efforts of our Midland Division Office and their unwavering dedication to protecting citizens throughout the Permian Basin.”
Midland PD investigated the case.
Assistant U.S. Attorney Joe Mahoney prosecuted the case.
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Former Credit Union Employee Sentenced in Austin for EmbezzlementRead the Press Release
AUSTIN, Texas – A Georgetown woman was sentenced in a federal court in Austin to 41 months in prison for embezzlement by a credit union employee.
According to court documents, Tracy Mikulencak, 44, embezzled approximately $144,000 from her teller drawer and the vault while working at A+ Federal Credit Union. A+ auditors also revealed that Mikulencak had made unauthorized withdrawals from customer accounts, including a deceased account holder. In total, Mikulencak embezzled $325,708 from the credit union. In addition to her imprisonment, Mikulencak was also ordered to pay $302,668 in restitution.
“The excellent investigative work by our partners at the FBI and the Georgetown Police Department unraveled a scheme by a trusted credit union employee to steal hundreds of thousands of dollars from the credit union and its members,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “These crimes strike at the heart of our banking system. Those entrusted with customer funds must be held to the highest standards of honesty and integrity. The judge's sentence in this case affirms the commitment of the U.S. Attorney's office to swift and certain punishment.”
“Tracy Mikulencak used her position to steal from the elderly and from grieving family members of a deceased customer. This sentence is reflective of the FBI’s commitment to stopping criminals who take advantage of vulnerable members of society,” said Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division. “We want to thank the Georgetown Police Department for their continued partnership in keeping our communities safe.”
The FBI and Georgetown PD investigated the case.
Assistant U.S. Attorney Dan Guess prosecuted the case.
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Texas Man Sentenced to Nearly 12 Years in Prison for Holding Smuggling Victims HostageRead the Press Release
EL PASO, Texas – A San Elizario man was sentenced in a federal court in El Paso to 140 months in federal prison for conspiracy to commit hostage taking.
According to court documents, Luis Lorenzo Salas, 25, operated a stash house where a human smuggling victim from Mexico was being held. Salas created a video depicting himself masked and pointing a rifle at the victim. A screenshot of the video was sent to the victim’s family along with threatening messages demanding that they pay $10,000 or the victim’s ears and fingers would be removed. Homeland Security Investigation agents located and rescued the victim along with eight other noncitizens, all of whom were unharmed. Salas was arrested April 17, 2023. He pleaded guilty on Aug. 29, 2023, to one count of conspiracy to commit hostage taking.
“This defendant caused severe, lasting damage that will haunt his smuggling victims and their families for the rest of their lives,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to our partners at HSI, the victims in this case are safe and we’ve taken another smuggler out of operation for the next decade.”
“Human smugglers who exploit people for their personal gain and further use threats and violence to collect a ransom will be held accountable as this sentence makes clear,” said Acting Special Agent in Charge Jason T. Stevens for the HSI El Paso Division. “Human smuggling poses a threat to national security, and it ultimately places a vulnerable population in harm’s way.”
HSI investigated the case.
Assistant U.S. Attorney Mathew Engelbaum prosecuted the case.
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Texas Company Pleads Guilty to Distributing Misbranded Dietary Supplements and Agrees to $4.5 Million ForfeitureRead the Press Release
Defyned Brands, an Austin, Texas, company also known as 5 Star Nutrition LLC, pleaded guilty today to a three-count information charging it with distributing misbranded dietary supplements.
Pursuant to the plea agreement, the company admitted that from September 2018 to July 2020, it delivered into interstate commerce misbranded dietary supplements, which are considered a type of food under the federal Food, Drug and Cosmetic Act (FDCA). The company specifically admitted that shipments of products known as Epivar, Alpha Shredded and Laxobolic were misbranded. According to the plea agreement, the products contained ingredients mislabeled as dietary ingredients or not listed on the product label.
The products at issue were marketed as workout supplements and sold at 5 Star Nutrition retail locations. As part of the plea, the company agreed to forfeit $4.5 million and comply with the terms of a compliance program and certain compliance reporting requirements. Magistrate Judge Susan Hightower of the U.S. District Court for the Western District of Texas presided over the plea.
“Consumers deserve to know what is in the dietary supplements they take,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to investigate dietary supplement manufacturers and distributors who sell products that do not comply with the law, including through criminal enforcement where appropriate.”
“For almost two years, the defendant in this case misinformed consumers with inaccurate labeling on dietary supplements,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “By requiring this company to forfeit its profits from this practice, we hope to reaffirm the public’s confidence in the safety of the products they purchase.”
“U.S. consumers rely on FDA oversight of foods to ensure that they are safe and wholesome. Companies that produce, sell or distribute misbranded dietary supplements put the public health at risk,” said Special Agent in Charge Charles Grinstead of the Food and Drug Administration’s Office of Criminal Investigations (FDA-OCI) Kansas City Field Office. “We will continue to investigate violators of our laws and work to bring them to justice.”
FDA-OCI investigated the case.
Senior Litigation Counsel David Sullivan and Trial Attorney Manu J. Sebastian of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Matt Harding for the Western District of Texas prosecuted the case.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
Former Nonprofit Leaders Sentenced in San Antonio for FraudRead the Press Release
SAN ANTONIO – A California man and his San Antonio co-conspirator were sentenced in a federal court in San Antonio for conspiracy to commit wire fraud.
Hector Barreto, 62, of San Juan Capistrano, was sentenced to 20 months in prison and ordered to pay $944,693.51 in restitution and a $100,000 fine. Miguel Gutierrez, 49, was sentenced to 10 months in prison as a condition of five year probation. He was also ordered to pay a $100,000 fine and restitution of $1,194,439.51. A restraining order was entered against both defendants to ensure government oversight of their assets until the victims are made whole.
According to Court documents, Barreto, who served as the Small Business Administrator under President George W. Bush, and Gutierrez operated a charity called the Latino Coalition Foundation. Barreto controlled the charity's bank accounts and had operational control. Barreto and Gutierrez solicited donations into that charity to be used to establish an apprenticeship program to help low income youth get critical job training and skills. Instead of using the charitable funds for charity, Barreto and Gutierrez stole much of the funds for themselves through direct and indirect payments to themselves, using the charity's credit cards for personal expenses, and payments to friends and family members. To help hide the diversion of charitable funds, Barreto and Gutierrez falsified the IRS Form 990s for the charity to make it falsely appear they had not received payments from the charity when in reality, they had received hundreds of thousands of dollars.
Gutierrez pleaded guilty in July 2022 to one count of conspiracy to commit wire fraud and one count of filing a false tax return. Barreto pleaded guilty in April 2023 to conspiracy to commit wire fraud and conspiracy to defraud the United States.
“Our nations charity system is based upon trust,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Donors trust that those who run the charities are using their money for charity and not to line their own pockets. The defendants today were sentenced for betraying that trust. Our office will vigorously prosecute anyone who steals charitable donations to feed their own greed.”
“Many Americans want to help their communities by supporting charities and causes that they care about. They trust that their support will be used to help those in need,” said Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division. “Hector Barreto and Miguel Gutierrez abused that trust, and this sentence reflects the seriousness of their crimes. We want to thank our partners in IRS Criminal Investigation for their continued work in protecting our nation’s citizens.”
“The tax-exempt status offered by the IRS helps citizens to know that an organization is operated to promote social welfare. Barreto and Gutierrez stole a significant portion of tax-exempt funds and eroded the trust citizens have in these organizations,” said Assistant Special Agent in Charge Rodrick Benton for IRS Criminal Investigation’s Houston Field Office. “CI special agents helped unravel this scheme and will continue working to protect the public’s interest by stopping these schemes cold.”
The FBI and CI investigated the case.
Assistant U.S. Attorneys Joseph Blackwell and Bill Harris prosecuted the case.
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El Paso Man Pleads Guilty to Cyberstalking Ex-GirlfriendRead the Press Release
EL PASO, Texas – An El Paso man pleaded guilty in federal court today to one count of cyberstalking.
According to court documents, Rashad Marquise Ray, 24, engaged in a course of conduct in which he sent numerous harassing messages to an out-of-state ex-girlfriend and her immediate family using several social media applications between Jan. 1, 2022 and July 26, 2023. On two occasions, FBI agents interviewed Ray and advised him to stop communicating with the victim. Following an interview with the agents in June 2023, in which he claimed he would voluntarily cease communications efforts with the victim, Ray sent approximately 200 more emails to the victim in less than one month. Ray was arrested Aug. 2, 2023 and has remained in federal custody.
Ray faces up to five years in prison with a maximum fine of $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorney Sarah Valenzuela is prosecuting the case.
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Justice Department, Local Law Enforcement Partner to Fight Firearm TheftRead the Press Release
SAN ANTONIO – The U.S. Attorney’s Office for the Western District of Texas is partnering with Bexar County and San Antonio law enforcement to urge residents to properly secure their firearms when they’re not in use.
According to data, more than 25,000 firearms have been stolen from vehicles across Texas’ four largest cities—Austin, Dallas-Fort Worth, Houston and San Antonio—over the past three years. In 2023, 3,146 firearms were stolen in San Antonio alone.
In many cases, investigators find that weapons used in violent crimes are those stolen from law-abiding gun owners. In August, two San Antonio police officers were injured, one of whom lost an eye, during their pursuit of a man wanted on three warrants. The gun used by the suspect against the officers turned out to be one of many that were stolen from a vehicle parked overnight outside a hotel. Stolen firearms have also been recovered from the scenes of other shootings, robberies, and murders.
Maps highlighting the areas where gun thefts are most common in Bexar County show that retail parking lots on the northwest side of San Antonio, as well as parts of Alamo Ranch, are hot spots for activity.
It takes a thief less than 15 seconds to break into a vehicle and steal a gun. While it’s common for gun owners to leave their firearms unsecured under a vehicle seat or in an unlocked compartment, legitimate gun safes concealed and fixed to the inside of a vehicle can assist in the prevention of theft.
“Leaving a firearm unsecured in your vehicle is not just negligence. It’s an open invitation to chaos and every responsible gun owner must recognize that,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Don’t make it any easier for criminals. Carry with a plan and understand that a locked car is not a locked safe.”
“We have seen a dramatic increase in the number of guns stolen from vehicles in Bexar County in the last year,” said Bexar County District Attorney Joe Gonzales. “When a gun is stolen from a gun owner who leaves it in a vehicle, that same weapon can be used in another crime that causes serious injury or death. Please take your gun with you whenever possible or secure it in a gun safe and never leave your weapon in your vehicle overnight.”
“The fact that criminal organizations have now prioritized stealing firearms left in unsecured vehicles, has increasingly become a threat to public safety nationwide,” said Bexar County Sheriff Javier Salazar. “Responsible gun ownership can decidedly reduce violent crime alone, but more importantly eliminate the opportunity of illegal weapons falling into the hands of violent criminals.”
“I’ve been to many shooting scenes. They’re terrible scenes,” said Chief William McManus for the San Antonio Police Department. “When I learn that the weapon used was stolen, it’s frustrating because it takes single responsible action to make sure the gun doesn’t get into the hands of the wrong person.”
In November, the DOJ named San Antonio as one of five new cities in its National Public Safety Partnership (PSP) program. PSP is managed by the Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and has a proven track record of helping partner sites reduce crime, improve homicide clearance rates, and enhance the quality of life for community members.
In addition to combatting gun violence, PSP brings opportunities over a three-year span to broaden federal partnerships and create task forces, develop innovative technological solutions, enhance crime analysis capabilities, further community engagement, and more. The DOJ is committed to advancing work that promotes civil rights, increases access to justice, supports crime victims, protects the public from crime and evolving threats, and builds trust between law enforcement and the community. The PSP initiative supports and advances the DOJ’s principles in all of its activities.
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Odessan Sentenced to Prison for Smuggling Cocaine Inside Wheels of CheeseRead the Press Release
ALPINE, Texas – An Odessa man was sentenced in a federal court in Pecos to 37 months in prison for importing cocaine through the Presidio Port of Entry.
According to court documents, Aaron Balderrama, 23, advised U.S. Customs and Border Protection officers that he possessed “a couple bags of cheese” in his vehicle when he attempted to enter the U.S. from Mexico on July 20. The officers noticed four wheels of cheese inside the vehicle and proceeded with a secondary inspection. Upon inspection it was revealed that the wheels of cheese contained seven bundles of a substance that tested positive for properties of cocaine.
“Drug traffickers regularly try to disguise their product and sneak illicit substances past our proven safeguards and trained agents,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to the keen eye and awareness of our port of entry partners, we continue to prevent drugs like this from infiltrating our communities and prosecute those who challenge us.”
“HSI remains committed to combatting the drug threat, keeping our communities safe from dangerous drugs, and bringing to justice traffickers who attempt to bring them into the country,” said Special Agent in Charge Francisco B. Burrola for the HSI El Paso Division. “Our robust, ongoing partnership with our law enforcement partners is crucial when investigating, prosecuting and punishing drug dealers.”
HSI investigated the case.
Assistant U.S. Attorneys Amy Greenbaum and Kevin Cayton prosecuted the case.
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Texas Inmates, Correctional Officers Indicted on Narcotics Smuggling ChargesRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment charging 13 defendants, including inmates and correctional officers, for their involvement in the smuggling of narcotics into Texas prisons.
According to court documents, inmate Juan Francisco Munoz aka “Joker,” 35, leads the Juan Munoz Drug Trafficking Organization (Munoz DTO) and is currently serving a 35-year prison sentence for murder. Using contraband cellphones that had been smuggled into the correctional facilities, Munoz and other inmates, such as Paul Govea aka “Salute,” 35, and Verndale Ray Seals, 34, are alleged to have directed and coordinated the DTO’s drug trafficking activity. The indictment alleges that the group obtained the narcotics from multiple sources of supply, including Osama Mohammed Elwan, 32, and employed correctional officers, such as Osauwa Emmanuel Williams, 48, Anival Ruiz Porras aka “Tall Guy,” 41, and Ryan Ty Melchor, 26.
The three officers allegedly met with non-incarcerated members of the DTO such as Rosa Teromina Miller, 43, and Daniel Guadalupe Flores, 30, to receive narcotics, cellphones and other contraband, then smuggle the goods into the correctional facilities in exchange for thousands of dollars. The DTO also allegedly used the mail to smuggle narcotics and other contraband into prisons. In addition to Miller, non-incarcerated members Melissa Amador, 28, Ashley Marie Arriaga aka “Ashley Zavala,” 35, Amber Tanae Huey, 34, and Aida Gerardina Gomez Ortiz, 32, allegedly packaged drug-soaked sheets of paper and mailed them to inmates who were either members or customers or the Munoz DTO.
The indictment alleges that special agents with the Drug Enforcement Administration seized from defendant residences, more than 520 grams of paper sheets soaked with fentanyl and synthetic cannabinoids, more than 120 grams of paper sheets soaked with heroin and synthetic cannabinoids, and 254.6 milliliters of liquid synthetic cannabinoids, along with envelopes addressed to inmates. According to the indictment, once smuggled into the correctional facility, DTO members could then sell a single sheet of drug-soaked paper for up to $1,000. During the dates covered in the indictment, Miller transferred nearly $333,000 from the peer-to-peer payment platforms used in the smuggling operation.
Munoz and Miller are each charged with six counts including conspiracy to possess with intent to distribute fentanyl and methamphetamine and conspiracy to commit money laundering. If convicted, Munoz faces 15 years to life in prison, and Miller faces 10 years to life in prison.
Govea is charged with four counts including conspiracy to possess with intent to distribute fentanyl and methamphetamine, conspiracy to commit money laundering, and identity theft. If convicted, he faces 10 years to life in prison.
Elwan is charged with one count of conspiracy to possess with intent to distribute fentanyl and one count of conspiracy to commit money laundering. If convicted, he faces 10 years to life in prison.
Seals is charged with one count of conspiracy to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. If convicted, he faces 15 years to life in prison.
Amador is charged with one count of conspiracy to possess with intent to distribute fentanyl, one count of conspiracy to possess with intent to distribute methamphetamine, and one count of conspiracy to commit money laundering. If convicted, she faces 10 years to life in prison.
Flores is charged with one count of conspiracy to possess with intent to distribute fentanyl and one count of possession with intent to distribute methamphetamine. If convicted, he faces 15 years to life in prison.
Arriaga is charged with five counts including conspiracy to possess with intent to distribute fentanyl and methamphetamine, conspiracy to commit money laundering, and identity theft. If convicted, she faces up to 20 years in prison.
Porras and Huey are each charged with one count of conspiracy to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. If convicted, they each face up to 20 years in prison.
Melchor and Ortiz are each charged with one count of conspiracy to possess with intent to distribute fentanyl. If convicted, they each face up to 20 years in prison.
Williams is charged with one count of conspiracy to possess with intent to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. If convicted, he faces up to 20 years in prison.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The DEA, FBI, Texas Department of Criminal Justice, and Wichita Falls Police Department are investigating the case.
Assistant U.S. Attorney Brian Nowinski is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Arizona Woman, Two Codefendants Sentenced for Human Smuggling DeathRead the Press Release
EL PASO, Texas – The third member of a group charged in a human smuggling case was sentenced today in a federal court in El Paso to 135 months in prison for her role in an ongoing conspiracy which resulted in the death of two migrants.
According to court documents, Guadalupe Quezada, 35, of Mesa, Arizona, along with codefendants Veronica Quezada, 39, of Mesa, and Elizabeth Miranda Lozano, 39, of Dallas, actively participated in an ongoing conspiracy to bring in, transport, and harbor undocumented immigrants into the U.S. from Mexico from on or about November 2019 through on or about August 2021. The organization smuggled groups of migrants into the U.S. by traversing the border across the Chihuahuan Desert near Van Horn. Foot guides would direct the migrants to walk through the desert and rendezvous with drivers who then transport the immigrants to stash houses or staging areas for further harboring by stash house operators. During the time of the conspiracy, the organization twice abandoned migrants who were unable to keep pace with the group. An investigation revealed that the abandonment of the migrants under the harsh conditions resulted in their deaths.
Guadalupe Quezada would receive human smuggling proceeds in bulk as well as through financial institutions and redirect them to promote the human smuggling and to invest in real property. In addition to imprisonment, she also forfeits three Phoenix properties. Guadalupe Quezada and her two codefendants each pleaded guilty to one count of conspiracy to bring an alien to the United States resulting in death.
“The dangerous smuggling of human beings across our border has become far too prevalent and those engage in or facilitate this activity must account for their deadly dealings,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I commend the joint multi-district efforts of our local, state, and federal partners to bring this case to a successful close. We will continue working together at all levels of law enforcement to aggressively prosecute human smugglers as long as their operations persist.”
“As demonstrated by these defendants, human smugglers have a callous disregard for the value of life,” said Special Agent in Charge Francisco B. Burrola for Homeland Security Investigations El Paso Division. “Tragically, their inhumane practices all too often result in serious injury or death. HSI will continue to work closely with our law enforcement partners to aggressively pursue transnational criminal organizations that jeopardize the lives of others for their personal profit."
Veronica Quezada was sentenced to 63 months in federal prison on Dec. 13. Her role was to provide logistical support to foot guides, drivers and others by registering vehicles that would be used to facilitate the human smuggling venture. She traveled daily to the U.S. from Mexico to oversee operations on behalf of the organization.
Lozano was sentenced to 97 months in federal prison on Dec. 13. Her role was to transport and harbor aliens in staging areas prior to releasing them to their final destination. She relocated to Dallas from Arizona to manage the stash house on behalf of the organization.
HSI investigated the case with the assistance of the U.S. Border Patrol Big Bend and Tucson Sectors, Dallas Enforcement Removal Operations, the Drug Enforcement Administration, Texas Department of Public Safety, Dallas Police Department, and Hudspeth Country Sheriff’s Office.
Assistant U.S. Attorneys Jose Luis Acosta and Patricia Acosta prosecuted the case.
These charges resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the Western District of Texas is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California. Dedicated support is also provided by numerous components of the Criminal Division that are part of JTFA, led by HRSP, and supported by ODPAT, the Narcotic and Dangerous Drug Section, the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations, OIA, and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 260 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 180 convictions; significant jail sentences imposed; and forfeitures of substantial assets.
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San Antonio Man Gets 20 Years in Federal Prison for Child PornographyRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in federal court in San Antonio to 240 months in prison for distribution of child pornography.
According to court documents, David Alejandro Bautista, 32, distributed numerous files depicting the sexual abuse of prepubescent children engaged in sexually explicit conduct. Conducting a search warrant, federal agents seized 21 electronic devices from Bautista’s home, revealing more than 15,000 image files and over 8,200 video files containing child sexual abuse material.
In addition to imprisonment, Bautista was ordered to pay $84,000 restitution, special assessments in the amounts of $100, $5,000 and $35,000, and he must forfeit his electronic devices.
“This lengthy two-decade prison sentence reflects the horrendous damage that has been caused and furthered by the defendant’s actions,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thank you to our law enforcement partners for their critical investigation. Together, we will continue to track down and prosecute offenders in the interest of protecting innocent children and keeping our communities safe.”
“Today, the defendant received a just punishment for his depraved actions. These sentences are important to help in the fight to protect children and to deter others from engaging in such crimes,” said Special Agent in Charge Craig Larrabee for the Homeland Security Investigations San Antonio Division. “HSI will continue to vigorously investigate and prosecute individuals who exploit our most vulnerable victims.”
HSI investigated the case with valuable assistance from the San Antonio Police Department.
Assistant U.S. Attorney Bettina Richardson prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Castroville Felon Sentenced to Federal Prison for Possession of FirearmsRead the Press Release
SAN ANTONIO – A Castroville man was sentenced in a federal court in San Antonio to 60 months in prison for one count of felon in possession of a firearm.
According to court documents, Buel DeWayne Smiley, 63, was reported to the FBI for sharing posts that expressed anti-government and pro-white sentiment and encouraged others to blow up infrastructure. In his posts, Smiley displayed books on making improvised munitions and chemicals that could be used as precursors to make explosives. The FBI determined that Smiley, a convicted felon, also was depicted brandishing firearms in his social media posts and agents observed him on his property with a gun that appeared to be one visible in the posts.
FBI agents arrested Smiley on March 9. A search of his residence revealed loaded firearms, boxes of ammunition, several books or instruction manuals about making improvised explosives, lab equipment, handwritten notes that appeared to discuss experiments with homemade explosives, and chemical precursors for explosives. Smiley pleaded guilty to the charge of felon in possession of a firearm on Aug. 15.
“This is a great example of ‘If you see something, say something,’” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to a concerned member of the community who was alarmed by the defendant's social media broadcasts calling for political violence, the FBI was able to investigate and arrest the defendant for illegally possessing firearms before he could do further harm to the community. I thank our partners at the FBI for their hard work.”
“Buel Smiley not only made threats to attack critical infrastructure, he had the materials and instructions to follow through,” said Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division. “This sentence ensures that he won’t have the opportunity to follow through with his threats to endanger our communities. I want to thank the Medina County Sheriff’s Office for their assistance in this case.”
The FBI investigated the case.
Assistant U.S. Attorney Eric Yuen prosecuted the case.
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Federal Jury Convicts Violent Convicted Felon for Illegally Possessing a FirearmRead the Press Release
SAN ANTONIO – A federal jury found a San Antonio man, previously convicted of aggravated robbery, guilty of illegally possessing a firearm as a convicted felon.
According to court documents and evidence presented at trial, Dylan James Rivas, 25, who was convicted of Aggravated Robbery in Bexar County in 2017, illegally possessed a firearm during a five-day span in April 2020. On April 13, 2020, Rivas attacked and pistol-whipped his girlfriend with the firearm, before shooting at her parents’ house early the next morning. Then, on April 17, 2020, Rivas shot another person with the firearm during an argument. That same day, San Antonio Police Department detectives tracked down Rivas and arrested him after he left a house on the west side of San Antonio. Detectives recovered the Glock 9mm caliber pistol that Rivas used in the shootings from inside the house.
Rivas was found guilty of one count of felon in possession of a firearm and faces up to 10 years’ imprisonment. He remains in federal custody awaiting sentencing on March 13, 2024.
The ATF and SAPD investigated the case.
Assistant U.S. Attorneys Brian Nowinski and Eric Fuchs are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. Anonymous tips involving gang crime and wanted fugitives can be submitted at www.stopsanantoniogangs.org.
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Virginia Man Sentenced to 20 Years for Distributing Child PornographyRead the Press Release
WACO – A Virginia man was sentenced in federal court today to 20 years in prison for distribution of sexual abuse material involving a minor.
On November 9, 2021, Daniel Price, 37, of Galax, VA., was charged with two counts of knowingly distributing and attempting to distribute visual depictions of a minor engaging in sexually explicit conduct. On August 29, 2023, Price pleaded guilty to both charges in federal court.
According to court documents, in February 2021, a mother contacted the Waco Police Department and related her 11-year-old’s phone contained sexually explicit images and messages between her child and Price. Investigation determined Price coerced the child to send sexually explicit photos and videos. Price also sent images of his genitalia to the victim.
In addition to his prison sentence, U.S. District Judge Alan Albright ordered Price to pay $3,000 in restitution to his victim and to serve a lifetime of supervised release after he serves his prison term.
“As this case demonstrates, those intent on harming our children don’t have to live in close proximity to their victims,” said U.S. Attorney Jaime Esparza. “Price was over a thousand miles away from this minor when he perpetrated this crime. I applaud the victim’s mother for bringing these crimes to the Waco Police Department’s attention. As a community we all need to be vigilant in protecting our children from predators such as Price.”
The Waco Police Department investigated the case.
Assistant U.S. Attorney Gregory S. Gloff prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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El Paso Man Sentenced to Five Years for Attempted Transfer of Obscene Material to a MinorRead the Press Release
EL PASO – An El Paso man was sentenced to five years in prison for attempted transfer of obscene material to a minor.
According to court documents, between November 6, 2022 and November 17, 2022, Jacob Isaiah Spencer, 25, had sexually explicit conversations on social media, to include sending lascivious photos of male genitalia, with someone he believed to be a 13-year-old child. On November 17, 2022, Spencer arranged to meet the minor to engage in sexual activity by arranging transportation for the minor to Spencer’s home. Agents from the FBI El Paso’s Child Exploitation and Human Trafficking Task Force arrested Spencer while he waited for the minor to show up.
On August 30, 2023, Spencer pleaded guilty to one count of attempted transfer of obscene material to a minor. He has remained in federal custody since his arrest on November 17, 2022.
“Protecting our children and our community is a top priority for our office,” said U.S. Attorney Jaime Esparza. “We will continue to prosecute those who seek to harm our minors for their own sexual gratification.”
“The defendant in this case tried to share sexually explicit material to a minor in an attempt to progress the relationship to become sexually physical,” said John Morales, Special Agent in Charge of the FBI El Paso Field Office. “Parents can rest easy with this man in federal prison, but there are so many more predators like him. The FBI El Paso’s Child Exploitation & Human Trafficking Task Force remains committed to the fight against exploitation of our children.”
The FBI investigated the case.
Assistant U.S. Attorney Sarah Valenzuela prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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El Paso Man Sentenced to 20 Years in Prison for Possession of Meth and FentanylRead the Press Release
EL PASO – An El Paso man was sentenced to 20 years in prison for possession with intent to distribute methamphetamine and fentanyl.
According to court documents, during an El Paso Police Department traffic stop on September 6, 2022, Erich Calixtro, 45, was found in possession of approximately 138 grams of methamphetamine and approximately 28 grams of fentanyl.
On September 14, 2023, Calixtro pleaded guilty to one count of possession with intent to distribute methamphetamine and one count of possession with intent to distribute fentanyl. Due to his extensive criminal history, the Court found that Calixtro was a career criminal offender. Calixtro has remained in federal custody since his arrest on September 6, 2022.
“My office will continue to prosecute those who peddle illegal drugs in our communities,” said U.S. Attorney Jaime Esparza. “I’m proud of the work accomplished by the El Paso Police Department and the FBI in taking another drug dealer off our streets.”
“Illicit synthetic drugs like methamphetamine and fentanyl continue to drive addiction and fatal poisonings in our communities,” said John Morales, Special Agent in Charge of the FBI El Paso Field Office. “People like Calixtro fuel these addictions by making these poisons accessible in our communities. His disregard for how he destroys families will no longer be a concern as he spends the next 20 years in federal prison.”
The FBI and EPPD investigated the case.
Assistant U.S. Attorney Kyle Myers prosecuted the case.
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Round Rock Fraudster Sentenced for Stealing More Than $600,000 in Cryptocurrency Through SIM Swapping SchemeRead the Press Release
AUSTIN, Texas – A Round Rock man was sentenced in a federal court in Austin to 24 months in
prison for conspiracy to commit wire fraud.According to court documents, from August 2019 to February 2021, Daniel Akira Mills, 22,
participated in a criminal wire fraud conspiracy that employed SIM swaps to defraud victims of
hundreds of thousands of dollars in property. Participants in the scheme gained unauthorized access
to online accounts of victims through a cyber intrusion technique referred to as “SIM swapping.”
During a SIM swap attack, cyber threat actors gain control of a victim’s mobile phone number by
linking that number to a subscriber identity module (SIM) card controlled by the threat actors,
resulting in the victim’s calls and messages being routed to a device controlled by the threat actors.
The threat actors then use control of the victim’s mobile phone number to obtain unauthorized access
to accounts held by the victim that are registered to the mobile phone number. Among other things,
scheme participants posted unauthorized messages on their victims’ social media accounts and
posted private photographs stolen from the accounts of celebrities. They also stole more than
$600,000 in cryptocurrency from dozens of victims nationwide.In addition to imposing a prison sentence, the court ordered Mills to pay more than $530,000 in
restitution to the victims.“We now run much of our lives through smartphones. From social media to managing our finances,
they have become essential tools. This can be very helpful, but also comes with many risks,” said
U.S. Attorney Jaime Esparza for the Western District of Texas. “By ‘SIM swapping,’ or stealing
the phone numbers of victims to assume their identities, Mills and his cohorts defrauded innocent
members of society and caused great harm. My office will not hesitate to hold fraudsters like Mills
accountable for their irresponsible destructive actions.”The U.S. Secret Service and the Santa Clara County District Attorney’s Office’s REACT Task Force
investigated the case.Assistant U.S. Attorney G. Karthik Srinivasan prosecuted the case.
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New Braunfels Man Indicted for Alleged Role in Multimillion-Dollar Firearm Trafficking SchemeRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned a superseding indictment charging a New Braunfels man with eight counts related to the smuggling of firearm parts into Mexico and a conspiracy to commit money laundering.
According to court documents, Chandler Britain Bradford, 34, allegedly engaged in a multimillion-dollar scheme to illegally provide thousands of semi-automatic rifles to a Mexican citizen who resided in the Monterrey, Nuevo Leon, Mexico area. Bradford is alleged to have supplied enough firearm parts to arm the recipient with approximately 4,800 semi-automatic rifles, despite not having a license to export firearm parts from the United States to Mexico. Court documents allege that Bradford provided his co-conspirator with the parts, tools, and counsel needed to facilitate a full firearm manufacturing enterprise in northern Mexico, and that Bradford received more than $3.5 million from his co-conspirator.
Bradford is charged with one count of conspiracy to smuggle goods from the United States; one count of conspiracy to traffic firearms; one count of conspiracy to transfer firearms for use in a felony; four counts of aiding and abetting the smuggling of goods from the United States; and one count of conspiracy to commit money laundering. If convicted, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case with assistance from the Department of Commerce Office of Export Enforcement and Homeland Security Investigations.
Assistant U.S. Attorney William Calve is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Del Rio Man Sentenced to Prison for Coaxing Sexually Explicit Material from Minors on Social MediaRead the Press Release
DEL RIO, Texas – A Del Rio man was sentenced in federal court to 78 months in prison and ordered to pay a $35,000 special assessment for receipt of child pornography.
According to court documents, Leeroy Hinojosa, 35, used the mobile app Snapchat to message two minors, knowing they were underage, and repeatedly request illicit sexually explicit photos and videos from them. The interactions led to Hinojosa receiving 129 images and 106 videos of child pornography from the victims. Hinojosa was arrested on Dec. 17, 2020 and has remained in federal custody.
“Without help from members of the community who said something when they saw something, the authorities would not have been able to investigate and prosecute this offender who repeatedly sought nude photos and videos of underage girls,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “We must look out for the innocent, vulnerable children in our lives and our community. I appreciate the investigative work of our local, state and federal partners, ensuring this predator serves his time in confinement, where he can no longer harm these victims.”
“Homeland Security Investigations agents make it a top priority to work with all of our local law enforcement partners to investigate predators involved with the receipt of child pornography,” said Special Agent in Charge Craig Larrabee for the HSI San Antonio Division. “Each year, millions of children fall prey to sexual predators, and it is imperative that we do our part to protect vulnerable children from victimization and ensure the perpetrators are punished for their heinous crimes.”
HSI, Customs and Border Protection, Del Rio Police Department, and TX DPS investigated the case.
Assistant U.S. Attorney Holly Pavlinski prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Army Civilian Employee Indicted in San Antonio for Alleged $100 Million Fraud SchemeRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment today charging a San Antonio woman with 10 counts related to a fraud scheme she allegedly conducted while working as a civilian financial program manager at Fort Sam Houston.
According to court documents, Janet Yamanaka Mello, 57, allegedly stole more than $100 million in Army funds by regularly submitting fraudulent paperwork that indicated an entity she controlled, Child Health and Youth Lifelong Development (CHYLD), was entitled to receive funds from the Army. Mello claimed that CHYLD provided services to military members and their families, when, in reality, CHYLD did not provide any services. The indictment alleges that Mello instead used the funds to buy millions of dollars in jewelry, clothing, vehicles, and real estate. Additionally, Mello is alleged to have falsified the digital signature of one of her supervisors on multiple occasions.
Mello is charged with five counts of mail fraud, four counts of engaging in a monetary transaction over $10,000 using criminally derived proceeds, and one count of aggravated identity theft. She is scheduled for her initial court appearance Dec. 14 before U.S. Magistrate Judge Henry J. Bemporad of the U.S. District Court for the Western District of Texas. If convicted, Mello faces a maximum penalty of 20 years in prison for each fraud charge, up to 10 years in prison for each spending statute charge, and a mandatory minimum of two years in prison for the aggravated identity theft charge. The indictment also includes a notice of forfeiture for the proceeds and property that Mello obtained as a result of the criminal conduct alleged. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
IRS Criminal Investigation and the Department of the Army Criminal Investigation Division are investigating the case.
Assistant U.S. Attorneys Justin Simmons and Antonio Franco are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Three Sentenced in Austin for Distribution of Fentanyl Resulting in 18 Year Old’s DeathRead the Press Release
AUSTIN, Texas – An Austin man and two co-conspirators were sentenced in a federal court in Austin for their roles in the distribution of fentanyl resulting in death.
According to court documents, David Lee Jr., 46, of Austin, Virginia Zepeda, 43, of Austin, and Jackie Lynne Chester, 37, of Taylor, were identified as suppliers of counterfeit oxycodone tablets and other counterfeit prescription pills in the investigation of the overdose death of an 18-year-old Coupland male. Video surveillance footage revealed the victim approaching Lee’s vehicle at a gas station and engaging in a hand-to-hand exchange with Chester through a window of the vehicle. Four and a half tablets of counterfeit oxycodone were recovered from the victim’s residence following his death. As part of the investigation, Drug Enforcement Administration agents conducted controlled-buys with Lee and Zepeda, indicating that the two were actively distributing fentanyl in the form of counterfeit oxycodone following the victim’s death.
Lee was sentenced to 240 months in prison; Zepeda was sentenced to 135 months in prison; and Chester was sentenced to 108 months in prison.
“These drug dealers knowingly sold several counterfeit pills, each containing incredibly lethal doses of fentanyl, to an unsuspecting victim, tragically leading to the poisoning and death of an 18-year-old,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This is another case in which a young victim leaves behind their loving family and friends, while the criminals themselves walked away with the intent to cause more harm. Thanks to our local and federal law enforcement partners, these three will now spend decades off the streets, unable to inflict any further damage in our communities.”
“These defendants were blinded by greed and sold fake fentanyl pills for a quick profit, and as a result, the victim and his family have suffered an immeasurable loss,” said Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration Houston Division. “Fentanyl is the deadliest drug threat facing our country today, and it takes just a small amount to take someone’s precious life away. The disregard for human life by these defendants is apparent, and we hope these sentences serve as a closure to the family now devastated by the loss of their 18-year-old son.”
“It is the goal of the Williamson County Sheriff's Office Organized Crime Unit to arrest and prosecute fentanyl dealers to the fullest extent of the law,” said Sheriff Mike Gleason for the Williamson County Sheriff’s Office. “Fentanyl poisonings have increased in central Texas, and we will continue to use all resources available to us, including the DEA and USAO. Task Force members are committed to serving the victims, seeking justice, and providing closure for their families.”
The DEA, Williamson County Sheriff’s Office and Guadalupe County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Mark Marshall prosecuted the case.
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New Mexico Man to Spend More Than 12 Years in Prison for Illicit Conduct with a MinorRead the Press Release
EL PASO, Texas – A New Mexico man was sentenced in a federal court in El Paso to 150 months in prison for transportation of a minor with intent to engage in criminal sexual activity.
According to court documents, registered sex offender Alexandre Theodore Banta, 37, of Roswell, New Mexico, traveled with a juvenile from Roswell to El Paso, Texas in April 2020, engaging in sexual acts in the vehicle along the way. Banta and the juvenile spent between one and a half to two weeks in an El Paso motel, where Banta further engaged in sexual acts with the minor and arranged for the minor to have sex with other individuals in exchange for payment.
The El Paso Police Department was alerted by someone at the motel who said they had seen a young girl entering and exiting various motel rooms and overheard a tenant of one of the rooms describe a sexual encounter with her. Banta was arrested on June 12, 2020 for Sexual Assault of a Minor. He was served a federal arrest warrant on Aug. 18, 2020, and extradited to El Paso.
“This predator committed heinous sexual acts of his own with a minor, while also forcing her into prostitution out of a motel room and lining his pockets,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I appreciate the vigilance of those who alerted the El Paso Police Department, and our partner agencies who conducted the ensuing investigation. This case serves as an important reminder that sexual exploitation can and does occur in our communities, and we can all play a role in prevention.”
“Child exploitation is one of the most heinous crimes in modern society, and this case exemplifies one of the worst. The sentence fits the crime,” said Special Agent in Charge Francisco B. Burrola for the HSI El Paso Division. “Our robust partnerships with local, state and federal law enforcement agencies continues to allow HSI special agents to ensure those responsible for victimizing children are removed from our communities and placed behind bars for a long time.”
HSI and EPPD investigated the case.
Assistant U.S. Attorney Sarah Valenzuela prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Texas National Guard Soldier Sentenced to Federal Prison for Possessing Child PornographyRead the Press Release
DEL RIO, Texas – A Fort Worth man active in the Texas National Guard was sentenced in a federal court in Del Rio to 72 months in prison and ordered to pay a $17,000 assessment for possession of child pornography.
According to court documents, Texas Department of Public Safety troopers conducted a traffic stop near Del Rio on Dec. 17, 2021. Jesus Gaytan III, 23, and a minor were passengers in the vehicle and, upon questioning, disclosed that they were in a sexual relationship. A review of Gaytan’s cell phone revealed video of Gaytan and the minor involved in sexual acts. Gaytan was arrested during the traffic stop and has remained in federal custody since. He pleaded guilty on March 14, 2022 to one count of possession of child pornography.
“The possession of child pornography is a serious offense and anyone in violation will be prosecuted accordingly,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I appreciate the professionalism and dedication of our law enforcement partners at the state and federal levels in this case, which led to this six year sentence.”
“Individuals who commit heinous acts of violence against children will be found and brought to justice,” said Special Agent in Charge Craig Larrabee for the Homeland Security Investigations San Antonio Division. “I am grateful for the cooperation of our federal partners whose collaboration is vital to find these criminals and keep them off our streets.”
HSI and DPS investigated the case.
Assistant U.S. Attorney Rex Beasley prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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San Antonio Man Sentenced to More Than 17 Years in Prison for Distributing Child PornographyRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in a federal court in San Antonio to 210 months in prison and ordered to pay $45,000 in restitution to nine victims for distributing child pornography.
According to court documents, for more than two decades, Carlos Fabian Velez, 52, used a peer-to-peer file sharing system to traffic in child sexual abuse material and distribute hundreds of files depicting children as young as infants and toddlers. Velez was arrested on March 28, 2022 and, on Aug. 23, 2023, pleaded guilty to one count of distribution of child pornography.
“The sexual abuse and exploitation of children have horrific effects on the victims,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Individuals like Mr. Velez, who choose to traffic child sexual abuse images, must understand that their choices have very serious consequences beyond a lengthy prison sentence.”
“Carlos Velez victimized some of our most vulnerable citizens for decades,” said Acting Special Agent in Charge Doug Olson for the FBI San Antonio Division. “This sentence is reflective of the FBI’s dedication to hold accountable predators who would exploit innocent children.”
The FBI investigated the case.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Former El Paso Teacher Sentenced to 46 Months in Prison for Child Pornography ChargeRead the Press Release
EL PASO, Texas – A Horizon City man was sentenced in a federal court in El Paso to 46 months in prison for access with intent to view a visual depiction involving the sexual exploitation of a prepubescent minor.
According to court documents, Orlando Solis, 47, began communicating over the social messaging platform “Whisper,” with a user who identified herself as a 13-year old female. The Department of the Army Criminal Investigative Division’s Internet Crimes Against Children Unit initiated the investigation and referred the matter to the FBI. The conversations were often sexual in nature, with Solis sending links to pornography sites, describing sexual acts he wanted to engage in with her, and sending graphic photos of himself. He also informed her that he had a “hidden” folder on his phone for pornography.
The FBI determined that Solis was a high school teacher and arrested him on Feb. 2. A forensic examination of his cellphone revealed child sexual abuse material depicting minors as young as five or six years old. Solis pleaded guilty July 25.
“Protecting children from sexual predators will always be a priority of this office and our partners across the district,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to the joint investigative efforts of the FBI and Army CID, Solis will no longer pose a threat nor further harm innocent children. Please also take this as a reminder to talk to your children about the legitimate risks of online chat rooms and social messaging apps.”
"The FBI El Paso’s Child Exploitation & Human Trafficking Task Force's mission is to protect our nation's children from adults willing to meet and engage children online with the purpose of engaging in Child Exploitation," said Special Agent in Charge John Morales for the FBI El Paso Field Office. "To that end, we've accomplished the mission by ensuring Solis won't be able to commit a hands-on sexual assault of a child. Please join the FBI’s never-ending effort to keep our children safe by reporting instances of known, or suspected child exploitation at tips.fbi.gov or call 800-CALL-FBI."
“Army CID has a strong relationship with the FBI and continually works together to maximize our jurisdiction and investigate all crimes in and around U.S. Army installations” said Special Agent in Charge Olga Morales for the Army CID Southwest Field Office. “Our Army communities, and the American public, can rest assured that we continually seek out child predators and anyone that would want to do harm to members of our communities, on and off our installations.”
The FBI and Army CID investigated the case.
Assistant U.S. Attorney Sarah Valenzuela prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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Dallas Man Indicted for Alleged Smuggling Attempt of 187 Firearms into MexicoRead the Press Release
DEL RIO, Texas – A Dallas man was indicted in a federal court in Del Rio with four counts related to smuggling firearms into Mexico from the United States.
According to court documents, Santiago Ramirez, 26, was subjected to a vehicle inspection at the Eagle Pass Port of Entry in the early morning of Oct. 30. Customs and Border Protection Officers noticed that the interior sidewall of the trailer Ramirez was hauling appeared to have been altered. Further inspection allegedly revealed 187 firearms wrapped in cellophane and hidden in the trailer’s wall.
Ramirez made his initial appearance before U.S. Magistrate Judge Matthew H. Watters on Oct. 31. He is charged with one count of conspiracy to traffic firearms; one count of trafficking firearms; one count of conspiracy to smuggle goods from the United States; and one count of smuggling goods from the United States. If convicted, Ramirez faces a maximum penalty of 15 years in prison for each of the two charges related to trafficking firearms. The smuggling of goods conspiracy charge carries a penalty of up to five years in prison, while the remaining smuggling of goods count could result in up to 10 years imprisonment. All four counts also carry fines of up to $250,000 each. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
ATF is investigating the case.
Assistant U.S. Attorneys Joshua Garland and Zachary Bird are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Texas Man to Spend 14 Years in Prison After Exchanging Nude Images with Minor He Met in Online Video GameRead the Press Release
SAN ANTONIO – A New Braunfels man was sentenced in a federal court in San Antonio to 168 months in prison followed by 15 years of supervised release for the receipt of child pornography.
According to court documents, Jonathan Travis Flora, 35, met a Canadian minor in July 2018 while playing an online video game. Knowing each other’s ages, the two held conversations that were often sexual in nature and exchanged nude photos and videos of themselves through gaming communication features as well as a phone messaging application.
In March 2019, Flora purchased a cell phone with a Canadian area code in order to continue communicating with the child victim under the guise that Flora was a classmate. The following month, the victim’s father received an unusually high phone bill and found that the child had exchanged more than 2,000 phone messages in a 15-day period. The victim then disclosed her interactions with Flora and the Ontario Provincial Police initiated an investigation.
“Preying on children will not be tolerated,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This case reminds us that sexual predators can be found lurking in a multitude of places, including online video games, but it also shows the dedication shared by federal, state and international law enforcement to protect children and aggressively pursue those predators who manipulate them and prey upon their innocence.”
“Individuals who commit crimes against children will be investigated and brought to justice by Homeland Security Investigations,” said Special Agent in Charge Craig Larrabee for HSI San Antonio Division. “This case highlights the importance of cooperation between law enforcement entities, domestically and globally, to pursue criminals who target children.”
HSI, the New Braunfels Police Department and the Ontario Provincial Police investigated the case.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
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 CEOS, 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.justice.gov/psc.
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