Western District of Texas
Press releases recorded for this federal judicial district.
Man Indicted for Frac Sand Ponzi SchemeRead the Press Release
MIDLAND – Last week a federal grand jury in Midland returned an indictment charging a Keller, Texas man with operating a Ponzi scheme.
According to court documents, Marco Perez, Jr., aka Sully Perez, 41, is the founder and director of Permian Basin Proppants, Inc. (PBP), a company headquartered in Midland that sells proppants such as sand for fracking operations. Between 2017 and 2022, Perez allegedly used PBP to perpetuate a Ponzi scheme by soliciting investor money based on misrepresentations. During this time, Perez took in over $11 million through the scheme. He used most of the funds for his own personal benefit, buying luxury vehicles, property and vacations.
According to the indictment, Perez offered victims the opportunity to fund or invest in PBP transactions. However, the representations Perez allegedly made were based on false and misleading promises, such as promising victims that their investments would be used to purchase frac sand at a discount and then be resold at a profit to fracking operations in and around the Permian Basin. Investors also were promised they would receive back their entire investment plus an additional return. Perez rarely used the investment money to purchase frac sand or complete promised transactions. Instead, he is accused of diverting significant amounts of investor money to pay for his personal expenses and to keep the scheme running, such as by making payments to prior PBP investors.
Perez is charged with 12 counts of Wire Fraud and six counts of Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity. The defendant is scheduled for a detention hearing next week before U.S. Magistrate Judge Ronald C. Griffin of the U.S. District Court for the Western District of Texas. If convicted, he faces up to 20 years in prison on each of the wire fraud counts and up to 10 years in prison on each of the money laundering counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Jeffrey R. Downey, El Paso Division; and U.S. Securities and Exchange Commission (SEC) Regional Director David Peavler, Fort Worth Office, made the announcement.
The FBI and SEC are investigating the case.
Assistant U.S. Attorneys John A. Fedock and Fidel Esparza are prosecuting the case.
If you feel you have been a victim of a fraud scheme, contact the FBI at tips.fbi.gov or call 800-CALL-FBI.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mexican National Sentenced to 30 Years in Prison for Drug Smuggling OperationRead the Press Release
EL PASO – Yesterday, a Mexican national was sentenced to 30 years in prison for his role in a large marijuana conspiracy.
According to court documents, Victor Gerardo Villegas, aka Victor Gerardo Villegas-Villalva, Gera, 34, of Ciudad Juarez, Chihuahua, Mexico, was a member of the Gente Nueva de Durango Drug Trafficking Organization (DTO) from 2013 until his arrest in early June 2019. The DTO controls human and drug smuggling through the Valle de Juarez, which is located south of the Lower Valley of El Paso County, Texas.
The DTO was responsible for smuggling large quantities of marijuana using undocumented non-citizens carrying makeshift backpacks with about 50 pounds of marijuana per pack. The DTO transported the marijuana from El Paso to destination cities, such as Oklahoma City. As smuggling coordinator for the DTO, Villegas managed operations through the Valle de Juarez, including distributing marijuana and transporting drug proceeds back to Ciudad Juarez. As part of the conspiracy, Villegas directed DTO members in the El Paso area to rent at least two residences to temporarily store marijuana for further distribution.
On September 10, 2021, a jury found Villegas guilty of one count of conspiracy to possess over 1,000 kilograms of marijuana with intent to distribute.
Other members of the DTO include Ernesto Daniel Rubio-Cervantes, 29, of Fabens; Jesus Dominguez, 33, of Tornillo; Marcos Andrade-Luna, 54, of Sonora, Mexico; Rudy Cruz Fierro, 29, of Fabens; Santiago De Leon-Zavala, 25, of Tornillo; and Isac Gamez-Ruiz, 47, of Sonora, Mexico.
“I am grateful for the tireless efforts of our law enforcement partners as we work together to pursue not only individual drug traffickers, but also large drug trafficking organizations and their leadership,” said U.S. Attorney Ashley C. Hoff.
“Drug trafficking organizations don’t just traffic in drugs, as this case highlights,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration (DEA), El Paso Division. “The DEA, joining forces with our federal partners, will continue to investigate and pursue those who threaten our communities with illegal activity, especially when they prey on others to commit their illegal acts.”
“The FBI would like to thank the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration, and Homeland Security Investigations for their partnership and dedication,” said FBI Special Agent in Charge Jeffrey R. Downey. “As a result of our collective efforts, members of this criminal organization will no longer plague our communities in West Texas and across the nation with their brazen acts of violence, drug trafficking, and human smuggling.”
“This individual played a key role in a transnational criminal organization that posed a public safety threat to our border community by using our neighborhoods as locations for criminal activity,” said Homeland Security Investigations (HSI) Special Agent in Charge, El Paso Division, Frank Burrola. “This sentence is the culmination of HSI’s dedication and commitment to work jointly with our law enforcement partners to rid our streets of criminals who would trash our communities for their own greed.”
Rubio-Cervantes pleaded guilty to two counts of conspiracy to possess marijuana with intent to distribute. On October 18, 2017, Rubio-Cervantes was sentenced to 72 months in prison.
Dominguez pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute and one count of conspiracy to launder monetary instruments. On November 30, 2017, Dominguez was sentenced to 63 months in prison.
Andrade-Luna pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute. On January 5, 2018, Andrade-Luna was sentenced to 88 months in prison.
Fierro pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute. On February 22, 2018, Fierro was sentenced to 102 months in prison.
De Leon-Zavala pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute. On June 25, 2019, De Leon-Zavala was sentenced to 72 months in prison.
Gamez-Ruiz pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute. On November 22, 2019, Gamez-Ruiz was sentenced to 51 months in prison.
This case was investigated by the El Paso Divisions of DEA, FBI and HSI as a joint investigation.
Assistant U.S. Attorneys Andres Ortega and John Johnston prosecuted the case.
This effort is part of Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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San Antonio Man Sentenced to Prison for Producing Child PornographyRead the Press Release
SAN ANTONIO – Today a San Antonio man was sentenced to 40 years in prison for child pornography charges.
According to court documents, on November 11, 2018, Francisco Govea Tristan III, 24, using a social media platform, started a chat conversation with a minor in another state. Tristan then coerced the minor into sending him photos and videos showing the minor engaged in sexually explicit conduct. When confronted by law enforcement, Tristan admitted he asked the minor to produce and send him pornographic images and videos. He also admitted he had other child pornography on his mobile phone.
On July 20, 2021, Tristan pleaded guilty to one count of production of child pornography and one count of possession of child pornography. He has been in federal custody since his arrest on July 19, 2019.
“The defendant was a child predator who inflicted significant damage on his victims, which is reflected in his sentence,” said U.S. Attorney Ashley C. Hoff. “These types of crimes leave a wake of destruction and brokenness for both the child victims and their families. This office is committed to ensuring that this defendant and others like him are removed from society and further damaging others.”
“Those who harm children in this way may hide behind a computer or smartphone and use the internet to commit these crimes, but that does not mean that they are anonymous and can use those tools to produce child sexual abuse material,” said FBI San Antonio Division Special Agent in Charge Christopher Combs. “Anytime a person uses the internet to entice a minor to produce child pornography, the FBI will use all its resources to identify and prosecute those offenders.”
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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Socorro Man Indicted on Child Pornography ChargesRead the Press Release
EL PASO – A federal grand jury in El Paso returned an indictment yesterday charging a Socorro man with two counts of child pornography.
According to court documents, from October 30, 2020 to January 21, 2022, Hector Anthony Segura, 33, allegedly downloaded numerous visual depictions of minors engaged in sexually explicit conduct onto his electronic devices.
Segura is charged with one count of Receipt and Distribution of a Visual Depiction Involving the Sexual Violation of a Minor and one count of Possession of a Visual Depiction Involving the Sexual Violation of a Minor. The defendant is scheduled for his arraignment on March 11, 2022 before U.S. Magistrate Judge Leon Schydlower of the U.S. District Court for the Western District of Texas. If convicted, he faces a mandatory minimum of five years in prison on the receipt and distribution charge and up to 20 years in prison for the possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Jeffrey R. Downey made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorney Sarah Valenzuela is 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.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Nigerian Citizen Sentenced to over 13 Years in Prison for Sweepstakes SchemeRead the Press Release
AUSTIN – A Nigerian citizen and resident of Canada was sentenced today to nearly 14 years in prison for his role in a fraudulent “sweepstakes” scheme with a loss in excess of $260 million.
According to court documents, on September 4, 2018, Harry Cole, aka “Akintomide Ayoola Bolu,” “John King,” “Big Bro,” “Egbon,” 51, was one of eight defendants charged with conspiracy to commit mail and wire fraud. The fraud is a type of “sweepstakes” scheme that ran from 2012 to 2016. Cole purchased lists of potential elderly victims and their addresses. Cole and other conspirators based in the Toronto, Ontario, Canada metropolitan area sent packages containing fraudulent sweepstakes information to conspirators residing in the U.S. The packages contained thousands of mailers that U.S.-based conspirators then sent to victims notifying them that they had won a sweepstakes. Each mailer included a fraudulent check issued in the name of the victim, usually in the amount of $8,000 and a pre-addressed envelope.
Victims were instructed to deposit the check into their bank account, to immediately withdraw between $5,000 and $7,000 dollars in cash or money orders and to send the money to a “sweepstakes representative” to facilitate the collection of the prize. By the time the bank notified the victim that the deposited check was fraudulent, the victim had sent cash or a money order that was received by the defendants or conspirators. Later, the conspiracy recruited an Austin-based conspirator, Stephen Omowaiye, who printed and sent sweepstakes scam packages to victims and also received victim payments in Austin.
The intended loss from this scheme was over $260 million with an actual loss of more than $900,000.
Today, Cole was sentenced to 166 months of imprisonment as well as three years of supervised release and ordered to forfeit $850,000 and to pay $111,870.25 in restitution.
“Cole and the other perpetrators of this despicable scam tricked hundreds of elderly victims out of their hard-earned money while the conspirators callously disregarded the consequences to our senior citizens,” said U.S. Attorney Ashley C. Hoff. “This case demonstrates our office’s commitment to hold accountable those who prey upon vulnerable victims. We will use every tool at our disposal to make sure they cannot hide in other countries and escape justice.”
“Our investigative reach in this case, through international cooperation with Canada, shows that justice can prevail even when criminals are outside of our nation’s borders,” said Internal Revenue Service Criminal Investigations (IRSCI) Special Agent in Charge Ramsey E. Covington of the Houston Field Office. “Through the teamwork with our law enforcement counterparts in Homeland Security Investigations (HSI), U.S. Postal Inspection Service (USPIS), and the Toronto Police Department, we stopped Harry Cole and his co-conspirators and their international sweepstakes and stolen identity tax refund fraud rings that targeted numerous elderly U.S. citizens. While IRSCI will pursue criminals, the best defense is to always protect your personal information and to verify first before sending any money domestically or internationally.”
“This federal investigation uncovered a sophisticated scheme that exploited legitimate financial institutions to defraud businesses and residents of the United States,” said Special Agent in Charge Shane Folden, HSI San Antonio. “These types of crimes swindle hundreds of millions of dollars from U.S. victims each year and illicitly finance criminal organizations around the world. HSI and its law enforcement partners will continue to do everything possible to stop this kind of fraud and ensure the financial integrity of the homeland.”
“The U.S. Postal Inspection Service has been at the forefront of protecting consumers from fraud schemes for many years,” said Inspector in Charge Scott Fix. “There are a wide variety of financial schemes that target our most vulnerable populations, including the elderly, and the effects of those schemes are devastating to the victim and their families. The Inspection Service is committed to working with our law enforcement partners to pursue those who utilize the U.S. Mail to perpetrate these fraud schemes and bring them to justice.”
On October 27, 2021, Cole pleaded guilty to one count of Conspiracy to Commit Mail and Wire Fraud. He has remained in federal custody since his extradition and arrest on August 20, 2020.
Co-defendants include: Nigerian citizen and U.S. resident Akintola Akinmadeyemi; Austin residents Joel Calvin and Clarence Barefield (aka CJ); Mesquite, TX, resident Donna Lundy; Nigerian citizens and Canadian residents Tony Dada Akinbobola (aka Lawrence D Awoniyi, aka Boss Tony, aka Toyin), Emmanuel Olawale Ajayi (aka Wale, aka Walata), and Bolaji Akinwunmi Oyewole (aka BJ, aka Beejay).
On January 24, 2019, Calvin pleaded guilty to one count of Conspiracy to Commit Mail Fraud. On February 15, 2019, Lundy pleaded guilty to one count of wire fraud. Both are scheduled for sentencing on March 3, 2022.
On February 19, 2019, Akinmadeyemi pleaded guilty to Conspiracy to Commit Mail and Wire Fraud. He was sentenced to 120 months in prison and ordered to pay $111,870.25 in restitution.
On April 26, 2019, Barefield pleaded guilty to one count of money laundering. He was sentenced to 96 months in prison.
On February 11, 2022, Akinbobola was extradited to the United States from Canada and is awaiting arraignment in Austin.
Ajayi and Oyewole are fugitives.
IRSCI, HSI, and USPIS investigated this case. Assistant U.S. Attorney Michael C. Galdo prosecuted this case on behalf of the government. Attorneys with the Justice Department’s Office of International Affairs assisted with the extradition of Cole from Canada.
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Mexican National Sentenced to 60 Months in Prison for Illegal Re-entry into the United StatesRead the Press Release
PECOS – On Tuesday, a Mexican national was sentenced to a total of 60 months in prison for unlawfully re-entering the United States after previously being removed by immigration authorities.
According to court documents, Efrain Gonzalez-Pargas, aka Efrain Gonzalez-Vargas, 39, of Zacatecas, Mexico, was found near Big Bend National Park on August 24, 2021. Gonzalez admitted to Border Patrol Agents that he had entered the United States illegally by wading across the Rio Grande River.
On October 12, 2021, Gonzalez pleaded guilty to one count of illegal re-entry into the United States in violation of Title 8, United States Code, Section 1326. Gonzalez had previously been sentenced to eight months in prison for the same offense in October 2020. Gonzalez was deported and removed from the United States by immigration authorities after that conviction.
U.S. District Judge David Counts ordered Gonzalez to serve 46 months in prison for the current case and another 14 months in prison for violating his supervised release for the 2020 case for a total of 60 months in prison.
At the sentencing hearing, evidence was presented that Gonzalez had a previous conviction in California for battery with serious bodily injury.
Gonzalez has remained in federal custody since his arrest on August 24, 2021.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho made the announcement.
HSI investigated the case.
Assistant U.S. Attorneys Andrew Weber and Scott V. Greenbaum prosecuted the case.
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El Paso Businessman Sentenced to Prison for Underreporting Income TaxesRead the Press Release
EL PASO – An El Paso man was sentenced today to a total of 12 months of confinement for filing false personal tax returns.
According to court documents, Victor Manuel Gonzalez Estrada, aka Victor Manuel Gonzalez, 60, was the owner of Tax Preparation Services. Internal Revenue Service Criminal Investigation (IRS CI) agents discovered that Gonzalez filed fraudulent federal income tax returns for multiple years. Gonzalez claimed his income from his tax preparation business was $17,462; $18,450; and $25,328 for tax years 2014, 2015 and 2016, respectively. Court records revealed that Gonzalez earned over $350,000 during that period. In addition to underreporting his yearly income, Gonzalez applied for and improperly received refunds through the Earned Income Tax Credit (EITC). EITC is a refundable tax credit for low to moderate income workers.
On August 24, 2021, Gonzalez pleaded guilty to three counts of filing a false personal tax return. In addition to his confinement, Gonzalez was ordered to file his accurate amended taxes for 2013, 2014, 2015, and 2016. He must also file accurate taxes for 2017 and 2018.
“It is appalling that the defendant would go to such lengths over the course of several tax years to falsify his own tax returns while operating as a tax preparer,” said U.S. Attorney Ashley C. Hoff. “Our office is proud to have partnered with IRS CI in holding him accountable for his actions.”
“With today’s sentencing of a tax preparer who was sure he was getting away without paying his fair share of Federal income taxes, the public is again reminded to do their due diligence when selecting their own tax preparer this filing season,” said IRS CI Special Agent in Charge Ramsey E. Covington of the Houston Field Office. “All individuals, regardless of occupation, are required to accurately report all taxable income before they transmit their tax returns to the IRS.”
The IRS CI investigated the case.
Assistant U.S. Attorney Michael M. Osterberg prosecuted the case.
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Cedar Park Man Sentenced to Prison for Impersonating an FBI AgentRead the Press Release
WACO – A Cedar Park man was sentenced today to 12 months in prison for impersonating a federal officer in order to obtain Fentanyl patches.
According to court documents, on June 29, 2021, Jonathan Jefferson Ferris, 53, was found guilty by a federal jury of two counts of impersonating a federal officer.
Evidence presented during trial revealed that on multiple occasions in July and August 2019, Ferris entered a pharmacy in Temple looking to fill an out-of-state prescription for Fentanyl patches. Ferris always identified himself to the pharmacy employee as an out-of-town FBI agent on temporary assignment. Ferris wore a lanyard with a fake FBI identification card attached and used fraudulent documentation purportedly from the FBI to support his request for filling the Fentanyl prescriptions.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI Central Texas Violent Crime Task Force conducted this investigation together with investigators from DEA Diversion and the Cedar Park Police Department. The success of this investigation would not have been possible without the invaluable work and dedication of an FBI Task Force Officer from the Temple Police Department.
Assistant U.S. Attorney Mark Frazier prosecuted the case.
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Killeen Hotel to Pay Damages to Disabled Veteran with Service Dog for Denying AccessRead the Press Release
WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that the United States has reached an agreement with the owners and managers of Executive Inn & Suites, a hotel in Killeen, Texas, to resolve allegations they violated the Americans with Disabilities Act (ADA) by denying equal access to individuals with disabilities who use service dogs.
The settlement resolves allegations initially brought by a disabled veteran who utilizes a service animal and wheelchair due to an amputation of his left leg. The veteran alleged that upon learning that the veteran was accompanied by a service dog the hotel desk clerk refused to honor his reservation because the hotel owner did not allow any type of dog. Hotel staff insisted that the veteran leave, called the local police department to escort the veteran off hotel property, and refused to refund his room rental fee.
The ADA generally requires public accommodations to provide access to individuals with disabilities who use service animals. Under the ADA, public accommodations must generally modify their policies, practices or procedures – such as a no-pet policy – to permit the use of a service animal by a person with a disability. A service dog generally may go wherever the public is allowed to go, and a public accommodation may not require documentation about the service dog.
“Individuals with disabilities, including veterans who have sacrificed for our country, have a right under federal law to the equal enjoyment of public accommodations,” said U.S. Attorney Hoff. “Our office is committed to ensuring that our veterans enjoy equal access to public accommodations, such as restaurants, hotels, and shops.”
Under the agreement, J&J Executive Suites LLC, Kyung Sang Lee and Gaesun Lee will ensure that the hotel adopts and implements a service dog policy; provides training on the service dog policy to employees and managers; and posts the service dog policy at their facilities and in their advertising. They will also pay money damages to the veteran as compensation for the effects of the discrimination and the harm he endured as a result of their actions.
People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access the ADA website at http://www.ada.gov.
Assistant U.S. Attorneys Liane Noble and Thomas Parnham represented the United States in this matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Defendant in Marijuana and Cocaine Conspiracy SentencedRead the Press Release
EL PASO – A defendant in a marijuana and cocaine conspiracy case was sentenced on Wednesday to nine years in prison for his role in the conspiracy.
According to court documents, Vicente Montoya, aka “Vicente Fabela Montoya,” “Chente,” 46, of Socorro, was a member of a drug trafficking organization (DTO) led by Carlos Moreno-Reyes, aka “Charlie Brown” from October 2008 until April 2019. The DTO operated in the El Paso area and was responsible for transporting and distributing marijuana and cocaine from El Paso to destination cities, including Oklahoma City. Montoya admitted that he received approximately $1,800,400 in drug proceeds in his role in the DTO.
On October 4, 2021, Montoya pleaded guilty to conspiracy to possess cocaine with intent to distribute. In addition to his prison sentence, Montoya was ordered to pay a $1,800,400 money judgment.
Other members of the DTO included Carlos Moreno-Reyes, aka “Charlie Brown,” 46, of Clint; Jose Luis Ortiz-Valenzuela, aka “Pelon,” 37, of Avondale, AZ; Julio Adrian Terrazas, aka “JT,” 31, of Fabens; Edgar Sanchez, aka “Siez,” “Chavalito,” 31, of Fabens; Jacinto Olivas-Cervantes, aka “Chente,” “Chinto,” 53, of San Elizario; Oliva Beltran-Paez, 34, of Clint; and Rey Anthony Garza, aka “Ray Anthony Garza,” “Flaco,” 51, of Fabens.
“I am thankful for the diligent efforts of our law enforcement partners that enable us to work together to prosecute not only individual drug traffickers, but also to take down large drug trafficking organizations such as this one,” said U.S. Attorney Ashley C. Hoff.
“The successful conclusion of this case exemplifies HSI’s commitment to disrupting extremely dangerous supply chains of drugs that poison people,” said Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho. “The resolve of HSI special agents to curb drug trafficking, which drives violence in our communities, undoubtedly saves lives.”
On February 26, 2020, Moreno pleaded guilty to one count of conspiracy to possess cocaine with intent to distribute and one count of bulk cash smuggling. On November 15, 2021, Moreno was sentenced to 204 months in prison and ordered to pay a money judgment of $25,587,400.
Sanchez and Ortiz-Valenzuela pleaded guilty to one count of conspiracy to possess cocaine with intent to distribute. On March 11, 2020, Sanchez was sentenced to 120 months in prison. On July 17, 2020, Ortiz-Valenzuela was sentenced to 96 months in prison.
Olivas-Cervantes and Terrazas pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute. On February 25, 2020, Olivas was sentenced to 30 months in prison. On July 20, 2020, Terrazas was sentenced to 46 months in prison.
Beltran-Paez, pleaded guilty to one count of bulk cash smuggling. On February 28, 2020, Beltran was sentenced to five years of probation.
Garza pleaded guilty to one count of conspiracy to possess marijuana with intent to distribute and one count of conspiracy to possess cocaine with intent to distribute. On April 6, 2021, Garza was sentenced to 108 months in prison.
HSI investigated the case.
Assistant U.S. Attorney Andres Ortega prosecuted the case.
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Alabama Man Indicted for Transporting a Minor Across State Lines for Sexual ActivityRead the Press Release
PECOS – A federal grand jury in Pecos returned an indictment yesterday charging an Alabama man with transportation of a minor across state lines to engage in criminal sexual activity.
According to court documents, Matthew Jacob Metzler, 32, traveled to Arizona to pick up a minor and then brought the child to Pecos where he allegedly engaged in sexual acts with the child.
Metzler is charged with one count of transportation of a minor in interstate commerce to engage in a criminal sexual activity. The defendant is scheduled for a detention hearing on February 16, 2022, before U.S. Magistrate Judge David B. Fannin of the U.S. District Court for the Western District of Texas. If convicted, he faces a mandatory minimum of 10 years and up to life 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 Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho made the announcement.
HSI, along with invaluable assistance from the Pecos Police Department and the Texas Department of Public Safety Criminal Investigations Division, is investigating the case.
Assistant U.S. Attorney Amy L. Greenbaum is 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.
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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Task Force to Increase Awareness of Human TraffickingRead the Press Release
SAN ANTONIO – The South Texas Officers and Prosecutors (STOP) Human Trafficking Task Force, a coalition of prosecutors and law enforcement agencies in San Antonio, met this week to review goals for the coming year, announced U.S. Attorney Ashley C. Hoff, San Antonio Mayor Ron Niremberg, San Antonio Police Chief William McManus and BCFS Health and Human Services Human Trafficking Interdiction Division (BCFS-HHS-HTI) Executive Director Chara McMichael.
The STOP Human Trafficking Task Force’s mission is to increase community awareness of all forms of human trafficking, disrupt trafficking organizations, rescue victims and hold traffickers accountable through effective investigation and prosecution. The Task Force also works to expand resources of all area partners to effectively serve survivors of human trafficking. The San Antonio Police Department serves as the lead law enforcement agency and BCFS-HHS-HTI serves as the lead victim services agency.
Task Force members provide specialized training and support for local law enforcement agencies and victim service providers to STOP human traffickers by identifying, arresting, and prosecuting them. Task Force members also provide training to educational and business organizations throughout the San Antonio and South Texas communities to increase awareness and identification of all forms of human trafficking, including adults and children who are exploited for the purposes of sex and labor. Above all, the Task Force strives to prevent the exploitation of vulnerable victims and rescue them from the hands of traffickers.
If you or someone you know is a victim of human trafficking and needs immediate assistance, call 911. If you suspect human trafficking activities, please call the toll-free local human trafficking regional hotline at 1-844-843-6348 or 1-844-UIENDHT (U&I can END Human Trafficking). Trained professionals are ready to provide information and assistance. For additional information, please e-mail [email protected].
The STOP Human Trafficking Task Force, chaired by the U.S. Attorney’s Office, consists of experts dedicated to investigating and prosecuting incidents of human trafficking at both the state and federal levels. In addition to the San Antonio Police Department and BCFS-HHS-HTI, partners include the FBI, Homeland Security Investigations (HSI), Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, Bexar County Juvenile Probation, Texas Attorney General’s Office, Texas Department of Public Safety, Texas Alcohol and Beverage Commission, Texas Rio Grande Legal Aid (TRLA), U.S. Marshals Service and U.S. Attorney’s Office.
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Mexican National Found Guilty of Meth ConspiracyRead the Press Release
EL PASO – Yesterday, a federal jury convicted a Mexican national for conspiracy to possess methamphetamine.
According to court documents and evidence presented at trial, on July 15, 2021, Maria Guadalupe Rivas Camacho, 38, was found in possession of over 633 kilograms of liquid methamphetamine, which was stored in a house in San Elizario. Camacho was paid $1,000 a week to stay at the residence and watch over the plastic containers that stored the methamphetamine. During trial it was also revealed that a tractor trailer would come at least once a week to fill the plastic containers with the liquid meth.
Camacho faces up to life in prison when she is sentenced. A sentencing date has not been set.
Camacho has remained in federal custody since her arrest on July 15, 2021.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations Acting Special Agent in Charge Taekuk Cho made the announcement.
HSI is investigating the case.
Assistant U.S. Attorneys John S. Johnston and Richard D. Watts are prosecuting the case.
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Cedar Park Man Sentenced to Federal Prison for Possession of Unregistered Destructive Device During Austin ProtestRead the Press Release
AUSTIN – A Cedar Park man was sentenced to 24 months in federal prison today for possessing parts of a destructive device, a Molotov cocktail, with the intent to construct such a device during an evening protest in Austin on May 30, 2020.
According to court documents and evidence presented at trial, Cyril Lartigue, 27, was caught on videotape manufacturing a destructive device while in a parking lot directly adjacent to the Austin Municipal Court entrance. While making the device, Lartigue was interrupted by the oncoming presence of Austin Police Department officers heading in his direction. Lartigue fled the area, leaving the device behind, but returned within minutes to retrieve it. Police officers later arrested Lartigue inside a nearby portable toilet where he had changed clothes. Inside his backpack officers recovered materials used to manufacture a destructive device, including beer bottles, a bottle with lighter fluid, cloth rags, and a butane lighter along with the clothes he was previously wearing.
Lartigue was convicted following a jury trial in October 2021.
“The sentence imposed today demonstrates our office’s commitment to the prosecution of violent crime,” said U.S. Attorney Ashley C. Hoff. “Peaceful protest cannot and must not be conflated with violence and the construction of dangerous weapons like Molotov cocktails. The prosecution and sentence in this case should serve as a deterrent to those considering similar acts in the future.”
“Our constitutional right to peacefully protest is sacrosanct and must be protected,” said ATF Special Agent in Charge Fred J. Milanowski. “People like the defendant who bring illegal and dangerous weapons to a protest should be prosecuted to protect and preserve that right for us all. I want to thank the jury for listening to all the evidence and sending the message that taking dangerous and destructive devices to protests will not be tolerated.”
The ATF, Austin Police Department, Austin Fire Department, and the Texas Department of Public Safety investigated this matter. Assistant U.S. Attorneys Keith Henneke and Gabriel Cohen are prosecuting this case on behalf of the government.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Pistolero de Barrio Azteca que cometió los homicidios del Consulado en Ciudad Juárez es encontrado culpable de todos los cargosRead the Press Release
Ayer un jurado federal en Texas condenó a dos miembros de la violenta pandilla callejera y carcelaria Barrio Azteca por todos los cargos relacionados con los asesinatos de una empleada del Consulado de los Estados Unidos, su esposo y el esposo de otra empleada del Consulado de los Estados Unidos.
José Guadalupe Díaz Díaz, alias Zorro, de 43 años, de Chihuahua, México, y Martín Artín Pérez Marrufo, alias Popeye, de 54 años, de Chihuahua, México, fueron declarados culpables al final de un juicio con jurado de 13 días ante la jueza federal de distrito Kathleen Cardone en el Distrito Oeste de Texas, División El Paso. El jurado encontró a Díaz y Marrufo culpables de cargos de conspiración por extorsión, tráfico de narcóticos, importación de narcóticos, lavado de dinero y asesinato en un país extranjero; tres cargos de asesinato en ayuda al crimen organizado y tres cargos de asesinato resultantes del uso y portación de un arma de fuego durante y en relación con delitos de violencia y tráfico de drogas.
La evidencia presentada en el juicio demostró que el 13 de marzo de 2010, Díaz y Marrufo servían como pistoleros en los equipos de sicarios que asesinaron a la empleada del Consulado de los Estados Unidos, Leslie Enríquez, su esposo, Arthur Redelfs, y Jorge Salcido Ceniceros, el esposo de otra empleada del Consulado de los Estados Unidos. Las víctimas fueron atacadas por los equipos de sicarios después de partir de la fiesta de cumpleaños de un niño en Juárez porque inicialmente los confundieron con pandilleros rivales. Díaz disparó y mató a Enríquez y Redelfs. Marrufo disparó y mató a Ceniceros.
“Los asesinatos de Leslie Enríquez, Arthur Redelfs y Jorge Salcido Ceniceros son una tragedia”, dijo el Fiscal General Auxiliar Kenneth A. Polite Jr. de la División Criminal del Departamento de Justicia. “Estas condenas demuestran el compromiso del Departamento de combatir a las organizaciones criminales transnacionales violentas. Quiero agradecer al gobierno mexicano por su cooperación, incluida la extradición de ambos acusados a los Estados Unidos para enfrentar cargos penales”.
“Aunque han pasado 12 años desde estos asesinatos sin sentido, nuestra oficina solo ha fortalecido su determinación de buscar justicia para las víctimas de la violencia de los cárteles”, dijo la fiscal federal Ashley C. Hoff para el Distrito Oeste de Texas. “Estos veredictos de culpabilidad demuestran la búsqueda diligente de nuestros fiscales y nuestro compromiso de proteger a las comunidades de la brutalidad despiadada”.
“Estas condenas representan el compromiso del FBI para tomar medidas agresivas contra cualquier persona que quite la vida de ciudadanos estadounidenses inocentes”, dijo el subdirector Luis Quesada de la División de Investigación Criminal del FBI. “Incluso los criminales más despiadados, ya sea aquí o lejos, no pueden evadir la justicia, y continuaremos responsabilizando a aquellos que cometen actos brutales de violencia”.
“Las condenas de hoy sirven como una clara advertencia a todos los narcotraficantes de que perseguiremos y enjuiciaremos a todos y cada uno de los que comprometan la seguridad y la salud de los estadounidenses y aquellos que apoyan a nuestras misiones estadounidenses en el extranjero”, dijo la administradora de la DEA, Anne Milgram. “Las mujeres y los hombres trabajadores de la DEA continuarán trabajando con nuestros socios nacionales y globales para librar a nuestras comunidades de la intimidación, la violencia y el abuso de drogas que infligen estas redes criminales de drogas”.
En el juicio, los fiscales presentaron evidencia de que Barrio Azteca es una organización criminal transnacional dedicada al lavado de dinero, el crimen organizado y actividades relacionadas con las drogas en El Paso, Texas. La pandilla se alió con otras bandas de narcotraficantes para luchar contra el Cartel de Sinaloa, en ese momento encabezado por el Chapo Guzmán, y sus aliados por el control de las rutas del narcotráfico a través de Juárez, Chihuahua, México. Las rutas de la droga a través de Juárez, conocidas como la Plaza Juárez, son importantes para las organizaciones narcotraficantes porque es una ruta principal de tráfico de drogas ilícitas hacia los Estados Unidos.
Un total de 35 acusados fueron inculpados en la tercera acusación formal y se alega que cometieron varios actos delictivos, incluidos los asesinatos del Consulado de Juárez en 2010 en Juárez, México, así como extorsión, distribución e importación de narcóticos, represalias contra personas que brindan información a cuerpos policiales de Estados Unidos, extorsión, lavado de dinero, asesinato y obstrucción de la justicia. De los 35 acusados, todos han sido detenidos y 28 se han declarado culpables. Uno fue condenado por juicio, uno se suicidó antes de que concluyera su juicio y tres están esperando la extradición de México.
Diaz fue extraditado de México el 13 de noviembre de 2019 y Marrufo fue extraditado de México el 18 de enero de 2020. Las extradiciones fueron el resultado de una estrecha coordinación entre autoridades policiales de Estados Unidos y México, quienes también cooperaron en la investigación y enjuiciamiento de este caso.
La sentencia está programada para el 9 de mayo. Díaz y Marrufo enfrentan una sentencia mínima obligatoria de cadena perpetua.
El abogado litigante Jay Bauer de la Sección de Derechos Humanos y Procesamientos Especiales de la División Criminal, la abogada litigante Christina Taylor de la Sección de Crimen Organizado y Pandillas de la División Criminal y el fiscal federal adjunto Steven Spitzer del Distrito Oeste de Texas están procesando el caso. La Oficina del Fiscal Federal para el Distrito de Nuevo México y las Oficinas de Asuntos Internacionales y Operaciones de Cumplimiento de la División Criminal brindaron una asistencia significativa en este caso.
El Grupo de Trabajo de Calles Seguras del FBI ubicado en el Centro Antipandillas de Texas en El Paso, la Oficina de Campo de Albuquerque del FBI, la DEA Juárez y la DEA El Paso investigaron el caso. La Agencia de Alcohol, Tabaco, Armas de Fuego y Explosivos; Inmigración y Control de Aduanas; el Servicio de Alguaciles de EE. UU.; Aduanas y Protección de Fronteras de EE.UU; la Oficina Federal de Prisiones; el Servicio de Seguridad Diplomática del Departamento de Estado de EE. UU.; el Departamento de Seguridad Pública de Texas; el Departamento de Justicia Criminal de Texas; el Departamento de Policía de El Paso; la Oficina del Sheriff del Condado de El Paso; el Departamento de Policía del Distrito Escolar Independiente de El Paso; la Comisión de Bebidas y Alcohol de Texas; la Policía Estatal de Nuevo México; la Oficina del Sheriff del Condado de Doña Ana, Nuevo México; el Departamento de Policía de Las Cruces, Nuevo México; El Centro Correccional del Sur de Nuevo México y el Centro Penitenciario del Condado de Otero, Nuevo México, brindaron una valiosa asistencia.
En Inglés
Barrio Azteca Gunmen Who Committed Consulate Murders in Ciudad Juarez Found Guilty on All CountsRead the Press Release
A federal jury in Texas yesterday convicted two members of the violent street and prison gang, Barrio Azteca, on all counts related to the murders of a U.S. Consulate employee, her husband, and the husband of another U.S. Consulate employee.
Jose Guadalupe Diaz Diaz, aka Zorro, 43, of Chihuahua, Mexico, and Martin Artin Perez Marrufo, aka Popeye, 54, of Chihuahua, Mexico, were found guilty at the conclusion of a 13-day jury trial before U.S. District Judge Kathleen Cardone in the Western District of Texas, El Paso Division. The jury found Diaz and Marrufo guilty of conspiracy counts for racketeering, narcotics trafficking, narcotics importation, money laundering, and murder in a foreign country; three counts of murder in aid of racketeering, and three counts of murder resulting from use and carrying of a firearm during and in relation to crimes of violence and drug trafficking.
Evidence presented at trial demonstrated that on March 13, 2010, Diaz and Marrufo served as gunmen on the hit teams that murdered U.S. Consulate employee Leslie Enriquez, her husband, Arthur Redelfs, and Jorge Salcido Ceniceros, the husband of another U.S. Consulate employee. The victims were targeted by the hit teams after departing from a child’s birthday party in Juarez because they were mistaken initially for rival gang members. Diaz shot and killed Enriquez and Redelfs. Marrufo shot and killed Ceniceros.
“The murders of Leslie Enriquez, Arthur Redelfs, and Jorge Salcido Ceniceros are a tragedy,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “These convictions demonstrate the Department’s commitment to combating violent transnational criminal organizations. I want to thank the Mexican Government for its cooperation including extraditing both defendants to the United States to face criminal charges.”
“Although 12 years have passed since these senseless murders, our office has only strengthened its resolve to seek justice for victims of cartel violence,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “These guilty verdicts demonstrate the diligent pursuit of our prosecutors and our commitment to protecting communities from ruthless brutality.”
“These convictions represent the FBI’s commitment to take aggressive action against anyone who takes the lives of innocent American citizens,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Even the most ruthless criminals, whether here or afar, cannot evade justice, and we will continue to hold those accountable who commit brutal acts of violence.”
“Today’s convictions serve as a stark warning to all drug traffickers that we will pursue and prosecute any and all who compromise the safety and health of Americans and those who support our U.S missions abroad,” said DEA Administrator Anne Milgram. “The hardworking women and men of DEA will continue to work with our domestic and global partners to rid our communities of the intimidation, violence, and drug abuse these criminal drug networks inflict.”
At trial, prosecutors presented evidence that Barrio Azteca is a transnational criminal organization engaged in money-laundering, racketeering, and drug-related activities in El Paso, Texas. The gang allied with other drug gangs to battle the Sinaloa Cartel, at the time headed by Chapo Guzman, and its allies for control of the drug trafficking routes through Juarez, Chihuahua, Mexico. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because it is a principal illicit drug trafficking route into the United States.
A total of 35 defendants were charged in the third superseding indictment and are alleged to have committed various criminal acts, including the 2010 Juarez Consulate murders in Juarez, Mexico, as well as racketeering, narcotics distribution and importation, retaliation against persons providing information to U.S. law enforcement, extortion, money laundering, murder, and obstruction of justice. Of the 35 defendants charged, all have been apprehended and 28 have pleaded guilty. One was convicted by trial, one committed suicide before the conclusion of his trial and three are awaiting extradition from Mexico.
Diaz was extradited from Mexico on Nov. 13, 2019 and Maruffo was extradited from Mexico on Jan. 18, 2020. The extraditions were the result of close coordination between U.S. and Mexican law enforcement authorities, who also cooperated in the investigation and prosecution of this case.
Sentencing is scheduled for May 9. Diaz and Maruffo face a mandatory minimum sentence of life in prison.
Trial Attorney Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section, Trial Attorney Christina Taylor of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Steven Spitzer of the Western District of Texas are prosecuting the case. The U.S. Attorney’s Office for the District of New Mexico and the Criminal Division’s Offices of International Affairs and Enforcement Operations provided significant assistance in this case.
The FBI’s Safe Streets Task Force located at the Texas Anti-Gang Center in El Paso, FBI Albuquerque Field Office, DEA Juarez and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Department of State's Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, N.M., Sheriff’s Office; Las Cruces, N.M., Police Department; Southern New Mexico Correctional Facility and Otero County Prison Facility New Mexico provided valuable assistance.
En Español
Dallas Man Pleads Guilty to Assault of a Federal OfficerRead the Press Release
PECOS – A Dallas man pleaded guilty yesterday to transporting undocumented noncitizens and assaulting a federal officer.
According to court documents, Jose Alejandro Crecencio, 21, was parked in a Chevy Tahoe at the Big Bend National Park Visitor’s Center when a Border Patrol agent attempted to make contact with him. Crecencio sped away from the area and a short time later, six individuals were observed by the Border Patrol agent and a Park Ranger exiting the stopped Tahoe and absconding into the nearby brush.
Crecencio sped away again with the Border Patrol agent in pursuit. A little while later, Crecencio made a U-turn and drove directly toward the agent’s vehicle, forcing the agent off the roadway. Later he stopped the Tahoe and absconded on foot. Shortly thereafter, Border Patrol agents were able to take Crecencio into custody.
Other Border Patrol agents in the area were able to detain two of the six individuals who absconded from the Tahoe. Both individuals were identified as undocumented noncitizens.
Crecencio pleaded guilty to one count of transporting an illegal alien in violation of Title 8, U.S.C. 1324 and one count of forcibly assaulting a federal officer in violation of Title 18, U.S.C. 111. He is scheduled to be sentenced on March 29, 2022 and faces up to five years in prison on the transporting charge and up to 20 years in prison on the assault charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho made the announcement.
HSI is investigating the case.
Assistant U.S. Attorney Lance L. Kennedy is prosecuting the case.
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San Antonio Man Gets Prison Time for Tax EvasionRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced today to 51 months in prison and ordered to pay $345,136.68 in restitution to the Internal Revenue Service (IRS) for tax evasion.
On September 14, 2018, Robert Steven Powell, 68, was found guilty of three counts of tax evasion. According to testimony at trial, Powell was a member of a tax scheme organization that promoted tax evasion. Although Powell earned wages as high as $236,098 per year, he failed to pay income taxes from 2000 to 2013. Powell evaded payment of his federal taxes by submitting false W-4 forms to his employer and claiming he was exempt from federal income tax withholding. Powell also placed a house and recreational vehicle in other names and attempted to conceal his physical address from the IRS by obtaining identification documents from multiple states using false personal residence addresses.
“Millions of Americans faithfully pay their income taxes every year,” said U.S. Attorney Ashley C. Hoff. “Those who dodge paying taxes disproportionately burden their fellow citizens and will face the consequences.”
“Tax evasion is not a victimless crime,” said IRS Criminal Investigation Special Agent in Charge Donald “Trey” Eakins of the Charlotte Field Office. “Individuals who corruptly violate the law to further their business interests and intentionally evade paying their fair share of taxes undermine public confidence in our tax system.”
The IRS investigated the case.
Assistant U.S. Attorney William R. Harris prosecuted the case.
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Two Austin Men Sentenced to Federal Prison for Attempted Robbery and Shooting of Convenience Store EmployeeRead the Press Release
AUSTIN – Two Austin men were sentenced to lengthy federal prison terms today for participating in an attempted robbery of an Austin gas station convenience store that resulted in the shooting of an employee of the business. Deon Ross, 37, who shot the employee, was sentenced to 271 months in federal prison. Lavante Carter, 19, was sentenced to 135 months in federal prison.
According to court documents, on October 7, 2020, at approximately 11 p.m., Ross and Carter attempted to rob a gas station on IH-35 in Austin. Both Carter and Ross displayed their firearms to two store employees who were working that night. After demanding money, Ross shot one of the employees.
Ross pleaded guilty to one count of interference with commerce by threats or violence and one count of discharge of a firearm during and in relation to a crime of violence. Carter pleaded guilty to one count of interference with commerce by threats or violence and one count of brandishing a firearm during and in relation to a crime of violence.
“These significant sentences reflect our office’s unwavering commitment to address violent crime in our community and protect the public,” said U.S. Attorney Ashley C. Hoff. “I am grateful for the collective efforts of the Federal Bureau of Investigation and the Austin Police Department in investigating this case.”
“Thanks to the hard work of the FBI Safe Streets Task Force, dangerous offenders are now off the streets,” said FBI Special Agent in Charge Christopher Combs. “The sentencing of Deon Ross and Lavante Carter represent federal, state, and local law enforcement's commitment to combat violence and restore peace to our local community."
Ross was arrested on December 6, 2020 and has been in custody since that date. Carter was arrested on October 12, 2020 and has been in custody since that date. Both defendants have remained in federal custody since their arrests on March 4, 2021, on the indictment in the case.
The FBI and the Austin Police Department investigated the case. Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Oklahoma Woman Found Guilty of Transporting Undocumented NoncitizensRead the Press Release
PECOS – Yesterday a federal jury in Pecos convicted an Oklahoma woman for her role in transporting undocumented noncitizens following a two-day trial.
According to court documents and evidence presented at trial, Francesca Jo Ryan, 24, and co-defendant, David Alvarado-Rios, 32, of Mexico, were both charged with one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens in violation of Title 8, United States Code, Section 1324.
During trial, Ryan attempted to convince the jury she had no knowledge or involvement in the crime. The jury found her guilty on both counts.
Ryan faces a maximum penalty of 10 years in prison for the conspiracy to transport charge and a maximum penalty of five years in prison for the transportation charge. Ryan is scheduled for sentencing on April 26, 2022.
On December 17, 2021, Alvarado pleaded guilty to transportation of illegal aliens. He is scheduled for sentencing on March 29, 2022.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden made the announcement.
The HSI is investigating the case. Assistant U.S. Attorneys Andrew Weber and Scott V. Greenbaum are prosecuting the case.
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Former San Antonio Bookkeeper Sentenced for Stealing $1.6 MillionRead the Press Release
SAN ANTONIO – A San Antonio woman was sentenced today to 87 months in prison for fraud.
According to court documents, Irene M. Scott, 42, is a former bookkeeper and financial manager for a private law firm in San Antonio. Scott worked for the law firm between August 2011 and February 2020. Her duties included issuing business credit cards to employees and closing those credit card accounts when an employee separated from the firm. She also maintained the firm’s financial ledgers and paid vendors and operating expenses.
On May 25, 2021, Scott pleaded guilty to three counts of wire fraud and one count of bank fraud. Scott admitted that from 2012 to 2020, she used three office credit cards assigned to other employees to make non-firm related purchases totaling over $1.2 million. An estimated three-fourths of those funds went to support her husband’s outdoor lighting business. She concealed on the firm’s financial ledgers credit card payments she made using the firm’s operating account. Scott also stole an estimated $417,000 by fraudulently withdrawing from the firm’s operating account about 200 times during a two-year period beginning in January 2018. She disguised those withdrawals in the firm’s ledger as vendor payments. Scott committed these fraudulent acts without the knowledge or authorization of any member of the firm.
“The sentencing of Ms. Scott today should sound the alarm to those planning to steal from their employers with the idea that they are going to cook the books to hide their crimes,” said U.S. Attorney Ashley C. Hoff. “You will be investigated, identified and prosecuted to the full extent of the law.”
“Today’s sentencing sends a clear message to those who would betray their employers and fellow employees by committing fraud,” said FBI Special Agent in Charge Christopher Combs. “The FBI is committed to seeing that individuals who commit these fraudulent acts are held accountable for their actions.”
The FBI investigated the case.
Assistant U.S. Attorneys Matthew W. Kinskey and Joseph E. Blackwell prosecuted the case.
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Alpine Resident Sentenced to Life in Prison for Aggravated Sexual Abuse of a MinorRead the Press Release
ALPINE – An Alpine man was sentenced yesterday to two life sentences in prison for aggravated sexual abuse of a minor.
According to court documents and evidence at trial, Damion Edward Cruz-Benavente, 30, was found guilty by a jury in Pecos in August 2021 of one count of aggravated sexual abuse by force; one count of sexual abuse by threat or fear; and one count of sexual abuse of a minor. While living in Big Bend National Park beginning in 2015, the defendant repeatedly sexually assaulted the victim using force and threats, placing the victim in fear.
Defendant has remained in federal custody since his arrest on March 12, 2021.
“This is a horrific case of child victimization by an evil predator who stole a child’s innocence and has now received a sentence that provides some measure of justice for the brave victim,” said U.S. Attorney Ashley C. Hoff. “I am grateful for the tireless efforts of our law enforcement partners as we work together to protect our communities.”
“This sentencing should send a strong message to those who sexually harm innocent children in our community,” said FBI Special Agent in Charge Jeffrey R. Downey. “For years, the defendant in this case committed despicable and heinous acts against the victim and the victim’s siblings. The victim can now have faith that others believed the victim’s cry for help, wanted to help the victim heal and gave the victim the peace of mind to know the defendant will be behind bars for a very long time. Thanks to the exemplary efforts of the National Park Service, Alpine Police Department, the Killeen Police Department, and the dedicated work from our agents who aggressively pursue these heinous criminals, this individual will finally be held accountable for his actions. The FBI is committed to preventing violent crimes against children and to bring those who harm them to justice. We will continue to work with our law enforcement partners and use every investigative tool to protect the public from these types of horrific crimes.”
The FBI and the National Park Service along with assistance from the Killeen Police Department and the Alpine Police Department investigated the case.
Assistant U.S. Attorneys Lance Kennedy and 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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Midland Businesswoman Pleaded Guilty to Tax ChargeRead the Press Release
MIDLAND – A Midland woman pleaded guilty last week to not paying federal payroll taxes.
According to court records, Lydia Evaro Madrigal, 64, was the president and chief executive officer for EXN, Inc. Starting in 2013 through 2015, EXN withheld payroll taxes from its employees’ paychecks but did not make the required payroll tax payments to the Internal Revenue Service (IRS). In all, Madrigal failed to account for and pay $637,594.35 in payroll taxes withheld from EXN’s employees. Madrigal also failed to pay the employer portion of the $249,536.35 in FICA taxes for 2013 through 2015. Instead Madrigal used the money for her own personal benefit.
As of today, Madrigal has voluntary paid losses to the IRS in full.
Madrigal pleaded guilty to one count of willful failure to collect and pay over tax. She is scheduled to be sentenced at a later date and faces a maximum penalty of five 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 Ashley C. Hoff of the Western District of Texas and IRS Special Agent in Charge Ramsey E. Covington made the announcement.
The IRS is investigating the case.
Assistant U.S. Attorney Glenn Harwood is prosecuting the case.
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Midland Man Indicted for Possession of Fentanyl and MethRead the Press Release
PECOS – A federal grand jury in Pecos returned an indictment last week charging a Midland man with allegedly possessing illegal drugs and a firearm.
According to court documents, Edgar Parra, 36, is charged by federal indictment with one count of conspiracy to possess with intent to distribute fentanyl and methamphetamine; three counts of possession with intent to distribute fentanyl; two counts of possession with intent to distribute methamphetamine; one count of possessing a firearm during and in furtherance of a drug trafficking crime; and one count of being a felon in possession.
The defendant is scheduled for his initial court appearance on January 27, 2022 before U.S. Magistrate Judge David B. Fannin of the U.S. District Court for the Western District of Texas. If convicted, he faces up to 40 years in prison on the conspiracy to possess and possession of fentanyl charges; up to 20 years in prison for the possession of methamphetamine charges; an additional five years in prison on the possession of a firearm during and in furtherance of a drug trafficking crime charge; and up to 10 years in prison for the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration (DEA) Special Agent in Charge Greg Millard made the announcement.
The DEA is investigating the case.
Assistant U.S. Attorney Kevin Charles Eaton is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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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Justice Department Seeks Permanent Injunction Against San Antonio-Area Pharmacist for Controlled Substances Act ViolationsRead the Press Release
The United States filed a civil complaint today seeking to permanently enjoin the owner of a San Antonio-area pharmacy from unlawfully dispensing opioids and other controlled substances.
In a complaint filed in U.S. District Court for the Western District of Texas, the government alleges that Jitendra Chaudhary, the pharmacist-in-charge and part owner of Rite-Away Pharmacy and Medical Supply #2, unlawfully filled controlled substance prescriptions at Rite-Away in violation of the Controlled Substances Act. The complaint alleges that Chaudhary and Rite-Away ignored numerous “red flags,” or obvious signs of abuse or diversion, when filling opioid prescriptions. The complaint further alleges that one patient died from toxic effects of fentanyl nine days after Rite-Away filled her prescription for that drug.
“Pharmacies and pharmacists have an important responsibility to help stop the illegal distribution of controlled substances,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will work with its law enforcement partners to hold accountable those who fill opioid prescriptions in violation of the law.”
“As pharmacists, the defendants had a legal obligation to ensure controlled substance prescriptions are prescribed for legitimate medical purposes before being sold and distributed to patients,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Their choice to repeatedly ignore signs of abuse and diversion when dispensing opioids is a failure to meet this duty at the expense of patient health. The U.S. Attorney’s Office will use those resources available to stop pharmacies and pharmacists from avoiding their responsibilities amidst the opioid crisis.”
The complaint alleges that by ignoring signs of abuse and diversion, the defendants illegally filled controlled substance prescriptions outside the usual course of professional pharmacy practice and filled prescriptions that were not issued for a legitimate medical purpose. The complaint further alleges that the defendants altered prescriptions that lacked required information in order to make them appear to be in compliance with DEA regulations. The complaint seeks civil penalties as well as a permanent injunction to prevent further violations.
The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.
DEA’s San Antonio District Office is conducting the ongoing investigation.
The case is being handled by Trial Attorneys Scott Dahlquist and Ryan Norman of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Erin Van De Walle for the Western District of Texas.
Armed Robbers of Small-Town Pharmacies IndictedRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two with robbing pharmacies of narcotics and cash at gun point.
According to court documents, Andre Dupree Jack, 39, of San Antonio and Atseko Factor, 38, of Houston allegedly robbed pharmacies in Luling, Pleasanton and Seguin and attempted to rob another pharmacy in Sealy. During the robberies, the defendants brandished firearms and used zip ties to bind pharmacy employees and customers. The defendants took controlled substances and U.S. currency from the pharmacies as well as personal belongings from employees and customers.
Jack and Factor are charged with one count of conspiracy to commit pharmacy robbery; three counts of pharmacy robbery; and three counts of brandishing a firearm during a crime of violence. Jack is also charged with an additional count of pharmacy robbery; an additional count of brandishing a firearm during a crime of violence; and being a felon in possession of a firearm. The defendants will be scheduled next week for an initial appearance before a U.S. Magistrate Judge for the Western District of Texas. If convicted, the defendants face a maximum penalty of five years in prison on the conspiracy charge; a maximum penalty of 25 years in prison on each of the pharmacy robbery charges; a mandatory minimum of seven years on each of the brandishing of a firearm charges; and Jack faces a maximum 10 years in prison on the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.
The DEA and ATF are investigating the case.
Assistant U.S. Attorney Brian Nowinski is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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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Carjacker Sentenced to 25 Years in PrisonRead the Press Release
AUSTIN – Today a Houston man was sentenced to a total of 25 years in prison for carjacking and discharging a firearm during a federal crime of violence.
According to court documents, on January 30, 2020, Darrell Morgan Watts Jr., 24, responded to an ad for a Ford Mustang for sale on Craigslist, expressing his interest in buying the car. The owner of the Mustang met Watts at a convenience store in southwest Austin so Watts could view it. While the owner was driving the car during a test drive, Watts pulled out a loaded pistol, pointed it at the owner and threatened to kill him. Watts was a convicted felon who possessed the gun illegally. Watts forced the owner to hand over his cell phone and wallet and instructed him to pull over in an unlit residential area. Watts told the owner of the Mustang that he was going to take the car.
Watts stepped out of the vehicle, still armed with the pistol. The owner of the Mustang held a state-issued license to carry a handgun and retrieved his own pistol from the center console and then stepped out. Although Watts fired multiple shots at him, Watts only grazed him with one round. The owner of the Mustang fired multiple shots at Watts, striking him six times. The owner then fled the area on foot and asked nearby residents to call police. Watts managed to return to the vehicle and drove a short distance before abandoning it. He was apprehended on February 5, 2020 and has remained in custody since his arrest.
On October 22, 2021, Watts pleaded guilty to one count of carjacking and one count of discharging a firearm during a federal crime of violence.
“My office and our law enforcement partners remain committed to ensuring that perpetrators of violent crime in our communities are held accountable for their actions,” said United States Attorney Ashley C. Hoff. “Individuals who would consider victimizing members of the public in the Western District of Texas should take note of today’s sentence and recognize that we will ensure they meet justice.”
“Convicted felons who use firearms to commit violent crimes remains at the core of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) mission,” said ATF Special Agent in Charge Fred Milanowski. “These felons pose one of the greatest threats to public safety, and we are relentless in our pursuit to hold them accountable.”
The ATF and the Austin Police Department investigated the case.
Assistant U.S. Attorney Alan Buie prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Doctor Pleads Guilty to Running Pill MillRead the Press Release
DEL RIO – A Carrizo Springs doctor pleaded guilty today to charges he ran a “pill-mill” by providing patients with unlawful prescriptions.
According to court documents, Dr. Alfonso Luevano, 52, admitted that he conducted appointments with patients that did not meet the accepted standard of care in which he prescribed controlled substances including hydrocodone, alprazolam, and tramadol. Undercover officers conducted multiple visits with the doctor, captured on audio/video recording, in which he prescribed controlled substances with almost no medical evaluation. The defendant also admitted that he pre-signed prescription pads and allowed his staff and employees to use them to create controlled substance prescriptions without him seeing the patient at all.
Luevano pleaded guilty to one count of conspiracy to distribute a controlled substance and faces a maximum sentence of 20 years in federal prison. He is set for sentencing on July 27, 2022. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Co-Defendant Ofelia Martinez, 53, also of Carrizo Springs, previously pleaded guilty on November 22, 2021 to conspiracy to commit health care fraud. The office manager and biller for Luevano’s practice, Martinez admitted to overbilling Texas Medicaid by listing Luevano as the providing practitioner on office visits when he had not seen the patient. Instead, the patients were seen by mid-level practitioners who were instructed to leave the medical record file open. The file was then later closed using Dr. Luevano’s account, resulting in a fraudulent medical record which listed Dr. Luevano as the provider. Martinez faces up to 10 years in prison and her sentencing is currently set for May 25, 2022.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux made the announcement.
The DEA Prescription Drug Diversion Task Force, DEA Del Rio, and the Texas Attorney General Medicaid Fraud Control Unit are investigating the case.
Assistant U.S. Attorneys Justin Chung and Joshua Banister are prosecuting the case.
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Former Senior Policy Advisor to City of Austin Official Pleads Guilty to Conspiring to Misapply Federal Funds and to Falsify RecordsRead the Press Release
AUSTIN – A Dripping Springs man pleaded guilty today to conspiring to misapply federal funds and falsify records with the intent to impede, obstruct, or influence an investigation into a matter within the jurisdiction of an agency of the United States.
According to court documents, in April 2015, Frank Rodriguez, 71, began to serve as a senior policy advisor to an Austin city official. Rodriguez had previously served as the Executive Director of a local nonprofit organization and as a member of a City advisory commission. In June 2015, while employed by the City, Rodriguez submitted an application on the nonprofit’s behalf to a federal agency for federal Affordable Care Act navigator grant funding. In the application, Rodriguez falsely stated that he was the nonprofit’s “Chief Development Officer” and “Authorized Representative.”
In September 2015, the nonprofit was awarded a federal grant pursuant to the application that he submitted. Shortly thereafter, Rodriguez emailed an employee of the nonprofit, writing that he wanted to make sure that they “were on the same page with respect to [his] fee” for the grant, which was “10% of the grant.”
In December 2015, Rodriguez emailed the nonprofit employee a draft “consulting agreement,” stating that he had drafted it so as to address “any issue that someone might have that the payments are for navigator grant work.” Rodriguez was subsequently paid more than $20,000 by the nonprofit in “consulting fees” between December 2015 and December 2016 after the execution of the “consulting agreement.” Those “consulting fees” were in fact a commission on the federal grant in return for his preparation of the grant application.
Rodriguez continued to work on the nonprofit’s behalf while a City employee by, among other things, providing confidential City information to the nonprofit, recommending that the nonprofit receive continued City funding, and undermining the nonprofit’s competitors for City funding.
In 2017, the Auditor’s Office for the City of Austin commenced an investigation regarding Rodriguez’s conduct as a member of the City commission and as a City employee. In January 2018, during the course of the City Auditor’s investigation, Rodriguez drafted a letter to the City Auditor that contained multiple false statements regarding his relationship with the nonprofit, and the letter was later finalized and submitted to the City Auditor. At a June 2019 City ethics hearing, Rodriguez testified falsely under oath that the money he had been provided by the nonprofit was reimbursement for previous expenses incurred on the nonprofit’s behalf.
Rodriguez pleaded guilty to one count of conspiracy to misapply federal funds and to falsify records in an investigation within the jurisdiction of an agency of the United States. He is scheduled for sentencing on March 24, 2022 and faces a maximum penalty of five 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 Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorneys Gabriel Cohen and Alan Buie are prosecuting the case.
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Arkansas Man Sentenced for Aggravated Sexual Abuse of ChildrenRead the Press Release
EL PASO – An Arkansas man was sentenced today to 50 years in prison for committing multiple acts of sexual abuse against children.
In addition to the prison term, United States District Judge David C. Guaderrama ordered the defendant to pay $20,000 to the Justice for Victims of Trafficking Fund and be placed on supervised release for the remainder of his life after completing the prison term.
On May 7, 2021, a federal jury convicted Carl Monroe Gordon, 50, of Hot Springs, of one count of aggravated sexual abuse of a child; two counts of travel with intent to engage in illicit sexual conduct; and one count of abusive sexual contact with a child. Evidence presented during trial revealed that during Christmas 2018 and in July 2019, Gordon engaged in the sexual abuse of two minor children at residences located on Fort Bliss. Testimony during trial also revealed that Gordon had sexual contact with one of the minors over many years, beginning when the child was just seven years old.
An extensive investigation revealed that Gordon had engaged in a pattern of sexually abusing minor children for nearly three decades. This conduct occurred in Arkansas, California, Tennessee and Texas.
Gordon was arrested on December 22, 2019, at the Hartsfield-Jackson Atlanta International Airport, where he was returning from a work assignment in Baghdad, Iraq. He has remained in custody since his arrest.
“Perhaps the most concerning cases that my office investigates involve the violation of children by those responsible for their care. The details of this case are alarming. Equally unfathomable is the heroic effort of these children who stepped forward to ensure that this individual would not be able to victimize others,” said U.S. Attorney Ashley C. Hoff. “Today’s sentence reflects the dedication of prosecutors and law enforcement within the Western District of Texas to vigorously pursue justice in these cases.”
“The partners of the FBI El Paso Crimes Against Children/Human Trafficking Task Force worked tirelessly to ensure this defendant will never intimidate, coerce or victimize a child again,” said FBI Special Agent in Charge Jeffrey R. Downey. “Today’s sentence of 50 years will hopefully bring some closure and allow the victims and their families to move forward from this heinous crime.”
The investigation was conducted by the FBI, El Paso Division, with assistance from the United States Army Criminal Investigation Division and U.S. Customs and Border Protection. FBI Atlanta, Airport Resident Agency, FBI Little Rock, FBI Knoxville, and FBI Wheeling Resident Agency also provided invaluable assistance.
Assistant United States Attorneys Michelle Winters and Ian Martinez Hanna 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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Thirteen Arrested for Fentanyl DistributionRead the Press Release
AUSTIN – Today 13 individuals were arrested on criminal charges for their alleged involvement in fentanyl distribution.
According to court documents, Marcos Garcia, 18, of Somerton, AZ; Oliver Garcia, 20, of Lockhart; Christopher Brook, 23, of Austin; Jaime Cabrales, 23, of Austin; Matthew Juan, 19, of Austin; Adi Martinez Marquez, 19, of Austin; Andrew Ruben Ramirez, 23, of Austin; Ezequiel Azmitia-Jimenez, 19, of Lockhart; Michael Bauman, 18, of Austin; Daemon Lye Garcia, 19, of San Marcos; Ernest Ochoa, 18, of Austin; and Josue Nolasco-Campuzano, 20, of Live Oak, were arrested on charges of distributing fentanyl in the Austin area.
“This operation demonstrates this Office’s commitment to the disruption and prosecution of criminal organizations destroying communities through the distribution of deadly counterfeit prescriptions laced with fentanyl,” said U. S. Attorney Ashley C. Hoff. “We will continue to work with our law enforcement partners to confront this escalating problem.”
“Today’s coordinated law enforcement operation dismantled an enterprise responsible for the distribution of counterfeit pills; these fake pills laced with fentanyl were clandestinely manufactured to mimic the prescription pharmaceutical Oxycodone,” said Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Division. “Counterfeit pills have become a real and viable threat to the American people. We caution every person to never consume pharmaceuticals unless under licensed medical care and sourced from a licensed pharmacy. The DEA will continue to relentlessly pursue any individual or organization that threatens our communities with these fake deadly pills.”
Marcos Garcia, Oliver Garcia, Brook, Cabrales, Juan, Marquez, Ramirez and Azmitia are charged by federal indictment with one count of conspiracy to distribute fentanyl. If convicted, each defendant faces up to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Bauman, Daemon Garcia, Ochoa and Nolasco are charged by federal criminal complaint of possessing with intent to distribute fentanyl. If convicted, each defendant faces up to life in prison.
The DEA, FBI, U.S. Postal Inspection Service, and the Austin, Cedar Park, San Angelo, and San Marcos Police Departments are investigating the case.
Assistant U.S. Attorney Mark Marshall is prosecuting the case.
An indictment or complaint 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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Maytag Aircraft Corporation Agrees to Pay $1.9 Million to Resolve Liability for 2014 Jet Fuel Spill at Fort HoodRead the Press Release
WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that defense contractor Maytag Aircraft Corporation (“Maytag”) has agreed to pay $1,901,200.96 to resolve allegations the company negligently caused a jet fuel spill at Fort Hood’s Robert Gray Army Airfield Bulk Storage and Hydrant Facility (“RGAAF”) and made false statements to federal investigators to avoid contractual liability for the cleanup costs.
Defense Logistics Agency (“DLA”) Energy contracted with Maytag to provide services to operate and maintain the government aviation and ground fuel facilities at Fort Hood, including RGAAF. The United States alleged that on January 30, 2014, Maytag employees negligently failed to close a fuel separator valve during operation of the RGAAF fuel system. The open valve and pressure in the system caused fuel to overflow the capacity of the underground waste fuel tank, spew out of the ground, and migrate into the nearby creek. Maytag’s contract with the United States required it to ensure that the fuel valves were secured when not in use.
As a result of the spill, DLA Energy undertook emergency spill response actions in 2014 and continued to engage in environmental remediation efforts through 2020 due to the location and nature of the cleanup needed. The United States contended that Maytag was liable for the costs of such spill response and remediation under its contract with DLA Energy, which required reimbursement of damages. Those damages included the cost of containment and clean up, property damage, and lost fuel resulting from Maytag’s negligence.
Following the spill, DLA Energy and the Defense Criminal Investigative Service investigated the cause of the incident. The United States alleged that, in connection with those investigations, Maytag employees made false statements to the government to avoid contractual liability for the cost of remediation. For example, Maytag employees falsely told investigators that that the valve was closed and that there was a lock on the valve prior to the spill. The United States contended that these statements violated the “reverse false claims” provision of the False Claims Act, which imposes civil liability on those who act improperly to evade an obligation to pay money to the government.
“The United States expects contractors that operate on military bases to be good stewards of federal lands and federal property,” said U.S. Attorney Hoff. “We will hold these contractors responsible for actions that cause environmental harm and negatively affect the health and safety of uniformed service members, civilian employees, and the community.”
“The Defense Logistics Agency values our relationships with industry partners,” said DLA spokesman Patrick Mackin. “We are pleased that we could resolve this long-standing claim and relieve the American taxpayer of the financial burdens caused by the fuel spill and clean-up.”
Assistant U.S. Attorneys Jacquelyn Christilles and Thomas Parnham represented the United States in this matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Pain Clinic and Ambulatory Surgery Center Agree to Pay $836K to Resolve Allegations of OverbillingRead the Press Release
WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that Integrated Pain Associates, PLLC (“IPA”), a pain clinic headquartered in Killeen, and Central Texas Day Surgery Center, LLC (“CTDSC”), an affiliated ambulatory surgery center, have agreed to pay the United States and the State of Texas $836,702.88 to resolve allegations they violated the False Claims Act by overbilling federal healthcare programs.
The United States’ allegations arise from IPA and CTDSC’s submission of claims to Medicare, Medicaid, and TRICARE for facet joint injections, transforaminal injections, and radiofrequency ablation procedures. The United States contends that the defendants billed for more units or levels of these procedures than they performed. For example, the United States alleges that even when a patient received only a single injection, IPA and CTDSC would sometimes bill the government as though the patient had received two or three injections, thereby increasing the amount paid for the procedure.
“We will not allow health care providers to enrich themselves at taxpayer expense,” said U.S. Attorney Hoff. “We are grateful to our partners at the Department of Health and Human Services Office of Inspector General, the Defense Criminal Investigative Service, and the Civil Medicaid Fraud Division of the Office of the Attorney General of Texas for their assistance in obtaining this significant recovery.”
“Health care providers who try to boost their profits by overbilling federal health care programs will be held accountable for their actions,” said Special Agent in Charge Miranda L. Bennett of the Department of Health and Human Services Office of the Inspector General. “In coordination with our law enforcement partners, our agency will continue to safeguard critical health care programs from such schemes.”
“The Department of Defense Office of Inspector General, Defense Criminal Investigative Service (‘DCIS’) and our law enforcement partners diligently investigate allegations of fraud against individuals or companies attempting to take advantage of the military healthcare system, known as TRICARE,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office. “Today’s outcome reflects DCIS’s steadfast commitment to protect our Warfighters and their families and hold accountable those who perpetrate the fraud.”
The civil settlement of these allegations includes the resolution of claims brought under the qui tam provisions of the False Claims Act by Susan Edwards. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and Texas ex rel. Edwards v. Integrated Pain Associates, et al., 5:15-cv-00315-FB (W.D. Tex.).
Assistant U.S. Attorney Thomas Parnham represented the United States in this matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
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San Antonio Man Pleads Guilty to Embezzling 1.1M from Johnson CityRead the Press Release
AUSTIN – Today a San Antonio man pleaded guilty in federal court to embezzling over $1.1 million from the City of Johnson City, Texas.
According to court documents, starting in 2015 and continuing until around September 2020, Anthony Michael Holland, 36, embezzled at least $1,175,866.96 from city accounts. Holland used the money for his personal benefit, including purchasing a residence in San Antonio.
According to court documents, Holland was a Johnson City employee when he carried out the embezzlement. At various times, he held the offices of City Secretary and Chief Administrative Officer. Holland concealed the embezzlement by falsifying city financial records and other documents.
Holland pleaded guilty to one count of theft from a state or local government that receives federal program funds. A sentencing date has not been set. Holland faces a maximum penalty of 10 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 Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI, with invaluable assistance from the Johnson City Police Department, is investigating the case.
Assistant U.S. Attorneys Alan M. Buie and Robert Almonte are prosecuting the case.
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San Antonio Man Sentenced to 14 Years in Prison for Attempted Coercion of a MinorRead the Press Release
SAN ANTONIO – Today a San Antonio man was sentenced to 168 months in prison for attempting to coerce and entice a minor.
According to court documents, Rick Benavides, 48, responded to a post purportedly from a 14-year-old who was visiting a relative on Joint Base San Antonio – Lackland (LAFB). Benavides requested multiple times that the child send him naked photos. He also stated numerous times he wanted to engage in sexual acts with the minor. Benavides made plans to pick the child up at the park on LAFB and take the minor to his house to engage in sexual activities.
Unbeknownst to Benavides, he was chatting with U.S. Air Force—Office of Special Investigations (AFOSI) undercover agents. When Benavides entered LAFB and attempted to meet the child, he was arrested by AFOSI agents.
“Mobile applications are great tools which have enhanced many areas of our lives in recent years; however, we must protect our children from predators hiding behind the cloak of anonymity they provide,” said U.S. Attorney Ashley C. Hoff.
On July 8, 2021, Benavides was found guilty by a federal jury of one count of attempted coercion and enticement of a minor.
The AFOSI 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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Mexican National Found Guilty of Transporting Undocumented Noncitizens Near Van HornRead the Press Release
PECOS – Today a federal jury convicted Pedro Ramirez-Urbina, 41, a Mexican national on one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens in violation of Title 8, United States Code, Section 1324.
According to court documents and evidence presented at trial, on June 27, 2021, U.S. Border Patrol agents from the Van Horn Border Patrol Station responded to a call from a concerned citizen about a deceased male found on the side of the road. Agents located the decedent along with another male waiting beside the body. Both undocumented noncitizens (UNCs) came from Mexico.
Approximately an hour later, another concerned citizen alerted U.S. Border Patrol agents to seven males walking north on Chispa Road near Needle Peak. They were arrested and transported to Van Horn Border Patrol Station for processing where agents determined all UNCs, including the decedent, were part of a group being smuggled into the U.S. from Mexico. Ramirez was identified as the foot guide in charge of the group.
Sentencing is scheduled for March 29, 2022. Ramirez has remained in federal custody since his arrest on June 27, 2021
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Taekuk Cho made the announcement.
HSI is investigating the case.
Assistant U.S. Attorney Lance Kennedy is prosecuting the case.
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Eagle Pass Police Detective Charged with Harboring ConspiracyRead the Press Release
DEL RIO – Hazel Eileen Diaz, aka Sandra, 51, a detective with the Eagle Pass Police Department was arrested in Eagle Pass today on criminal charges related to her alleged participation in a conspiracy to harbor undocumented noncitizens.
On December 8, 2021, Diaz; Tomas Alejandro Mendez, 26; and Paola Nikole Cazares, 20, were all charged by superseding indictment with one count of conspiracy to harbor illegal aliens, pursuant to Title 8, United States Code, Section 1324. If convicted, the defendants face up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Mendez and Cazares, both from Eagle Pass, were previously arrested and remain in federal custody since their arrest on August 26, 2021.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI, with assistance from Homeland Security Investigations, is investigating the case.
Assistant U.S. Attorney Stephen Kam 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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Monahans Man Found Guilty of Being a Felon in Possession of a FirearmRead the Press Release
PECOS – Today a federal jury convicted a Monahans man for being a felon in possession of a firearm.
According to court documents and evidence presented at trial, Jacob Lynn Lyon, 29, was previously convicted for prior felonies including armed robbery, theft of a firearm and burglary of a habitation. On May 28, 2020, ATF agents did a consensual search of Lyon’s residence and found two handguns and a rifle.
Lyon was remanded into federal custody after the verdict. He is scheduled for sentencing on March 28, 2021, before U.S. District Judge David Counts.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II made the announcement.
The ATF, Texas Rangers and Monahans Police Department are investigating the case.
Assistant U.S. Attorney Lance Kennedy is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Self-Proclaimed Boogaloo Bois Member Sentenced for Illegally Possessing a FirearmRead the Press Release
SAN ANTONIO – A Karnes City man was sentenced yesterday to 24 months in prison for illegally possessing a firearm.
According to court records, on October 28, 2020, FBI agents arrested Cameron Emerson Casey Rankin, 22, at his residence where they recovered a semi-automatic rifle during the execution of a search warrant. The illegally possessed firearm had the capability and means to affect violence in furtherance of his beliefs. Rankin expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS. Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018 but was denied the firearms transactions under the “Prohibited Category” for previously being judicially committed to a mental institution.
On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd. The next day, Rankin posted on his Facebook account photos of himself and others carrying firearms at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.”
On April 27, 2021, Rankin pleaded guilty to one count of possession of a firearm by one who has been judicially committed to a mental institution. He has been in federal custody since his arrest on October 28, 2020.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Christopher Combs; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.
The FBI and ATF investigated the case.
Assistant U.S. Attorneys William R. Harris and Mark T. Roomberg prosecuted the case.
The FBI-Joint Terrorism Task Force investigated this case. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Maryland Man Sentenced to over 14 Years in Prison for Possession of Child PornographyRead the Press Release
SAN ANTONIO – A Maryland man was sentenced today to 170 months in prison for possession of child pornography.
According to court documents and testimony at trial, Hae Yeong Song, 29, was stationed at Joint Base San Antonio and was a private first class in the Army. Around January 2018, Song’s cell phone was searched as part of an investigation by the United States Army Criminal Investigation Command into another matter. Images and videos of child pornography were found on Song’s phone. In addition, conversations between Song and an unidentified Korean national were discovered. In those conversations, Song requested child pornography images of elementary aged children.
On July 21, 2021, U.S. District Judge David A. Ezra found Song guilty of one count of receipt of child pornography and one count of possession of child pornography. Song has remained in federal custody since his guilty verdict in July 2021.
In addition to the prison sentence, Song was ordered to pay $22,500 in restitution.
“This case involved the sexual abuse of children as young as three years old,” said U.S. Attorney Ashley C. Hoff. “Child predators inflict immeasurable harm and we will continue to work closely with our partners to deliver justice for victims.”
“The FBI is adamant about protecting children online - to include graphic images and videos of children,” said FBI Special Agent in Charge Christopher Combs. “Those who traffic in obscene material continue the abuse of that child that was captured when the file was created. The FBI will work tirelessly to prosecute these offenders that continue to traffic and possess these types of files.”
The FBI, with assistance from the U.S. Army Criminal Investigation Command, investigated the case.
Assistant U.S. Attorneys Bettina Richardson and Eric Yuen 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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Mexican Businessman Arrested for $30M Fraud SchemeRead the Press Release
SAN ANTONIO – A Mexican businessman was arrested yesterday in Houston and a Mexican businesswoman is in federal custody on criminal charges related to their alleged involvement in a fraud scheme.
According to court documents, Juan Carlos Martinez Cecias Rodriguez (Martinez), 51, is the owner of Mobile Coatings Management (MCM) and part owner and president of Uberwurx, doing business as RhinoPro, a spray-on truck bedliner and truck accessory company. Karina Hernandez, 41, is part owner of Texas Franchise and Business Consulting (TFBC). TFBC mainly targets and markets to Mexican nationals interested in starting businesses in Texas.
Martinez marketed himself and Uberwurx as providing a mechanism for investors to gain E-2 visas for legal entry into the U.S. An E-2 visa is reserved for foreign entrepreneurs that allows them to work inside of the U.S. based on a substantial investment in a bona fide enterprise.
Martinez worked with Hernandez to market and sell the Uberwurx franchise to Mexican national investors but failed to make many guaranteed payments to investors. Martinez’s company, MCM, managed the Uberwurx franchises instead of the investors doing so in violation of E2 visa requirements. Martinez instructed investors to omit from their E2 visa applications the fact that MCM managed the franchises.
Martinez and Hernandez perpetrated this scheme on at least 120 different investors between January 2017 and December 2021 with a loss of more than $30 million.
Rodriguez and Hernandez are charged with one count of conspiracy to commit wire fraud, four counts of wire fraud, and four counts of encouraging and inducing illegal immigration for private gain. If convicted, Rodriguez and Hernandez face up to 20 years in prison on each of the wire fraud counts and up to 10 years in prison on each of the encouraging illegal immigration counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorney Daphne Newaz 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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El Paso Man Sentenced to over 12 Years in Prison for Enticement of a MinorRead the Press Release
EL PASO – An El Paso man was sentenced today to 151 months in prison for coercion and enticement of a minor.
According to court documents, on August 25, 2021, Eduardo Lara Jr., 24, pleaded guilty to one count of enticing a minor to engage in sexual activity. By pleading guilty, Lara admitted that he engaged in sexual activity with a 13-year-old on at least two occasions in El Paso in February and March 2020. In March 2021, the parents of the minor reported the child missing. It was later determined that Lara took the child to Mexico where he engaged in sexual activity with the child over the course of several days. Lara further admitted that he sent the child sexually explicit photographs via a social media application and requested such photographs in return.
Lara has remained in custody since his arrest on April 17, 2020.
“This case epitomizes every parent’s worst nightmare. A cyber predator befriended and manipulated a child into running away with him,” said U.S. Attorney Ashley C. Hoff. “We have a mandate to protect the children in our community from criminals that want to harm them. Today’s sentence reflects this office’s dedication to that mandate.”
“Homeland Security Investigations (HSI) special agents and our law enforcement partners, successfully took another child predator off the streets,” said Taekuk Cho, Acting Special Agent in Charge of HSI El Paso. “This sentence exemplifies the commitment of HSI to identify, apprehend, and prosecute those individuals who engage in coercing and enticing minors via the internet.”
HSI, with invaluable assistance from the El Paso Police Department and Customs and Border Protection, investigated the case.
Assistant U.S. Attorney Michelle Winters 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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Waco Man Sentenced to 15 Years for Sexually Exploiting a MinorRead the Press Release
AUSTIN – A Waco man was sentenced today to 15 years in prison for the sexual exploitation of children.
According to court documents, Arthur Ray Dickey Jr., 32, produced a video while engaged in sexual intercourse with a minor. In addition to the 15 years in federal prison, the defendant was ordered to serve 10 years of supervised release after his term of incarceration.
In January 2020, the defendant also was sentenced by the State of Texas to eight years in state prison for aggravated robbery and compelling prostitution. The state and federal sentences will run consecutive.
“Sexual predators seeking to exploit vulnerable children in violation of federal law will be held accountable to the fullest extent of the law,” said U.S. Attorney Ashley C. Hoff.
On June 28, 2021, Dickey pleaded guilty to one count of sexual exploitation of children.
The Austin Police Department investigated the case.
Assistant U.S. Attorney Grant Sparks 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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Brazilian National Sentenced to 60 Years in Prison for Sexual Exploitation of a ChildRead the Press Release
AUSTIN – A Brazilian national was sentenced today to 60 years in prison for sexual exploitation of a child, followed by 10 years of supervised release. Defendant was also ordered to pay restitution to his victims.
According to court documents, Luann Fabric Campos Leao Hida, aka “Luann Hida,” “Luann Leao,” and “LOTR,” 27, enticed minors to engage in sexually explicit conduct and produced visual depictions of the conduct. Hida would furnish alcohol and e-cigarettes to minors. In addition, he would give money and vaping materials to the minors in exchange for sexual favors.
On August 26, 2021, Hida pleaded guilty to two counts of sexual exploitation of a child and one count of distribution of child pornography.
Hida has remained in federal custody since his arrest on July 1, 2019.
“This is one of the most heinous child sexual crimes we have seen in our community and the Court recognized this with its sentence,” said U.S. Attorney Ashley C. Hoff. “Child sexual predators cause incalculable and long-lasting damage to our communities, the individual victims, and the families of the victims and we will continue to prosecute these cases aggressively to bring justice for the victims and protect our communities.”
“This case is particularly egregious, as it involved 20 child victims over the course of four years,” said FBI Special Agent in Charge Christopher Combs. “The FBI and our law enforcement partners are committed to protecting our community's vulnerable children and holding accountable those who would harm them.”
The FBI investigated the case in conjunction with the U.S. Secret Service, Hays County Sheriff’s Office, Lakeway Police Department, Travis County Sheriff’s Office, Bee Cave Police Department, and Austin Police Department.
Assistant U.S. Attorneys G. Karthik Srinivasan and Keith M. Henneke 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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Driver of Tractor Trailer Carrying 69 Undocumented Non-Citizens Pleads GuiltyRead the Press Release
SAN ANTONIO – An El Indio man pleaded guilty today to transportation of undocumented non-citizens.
According to court documents, on March 22, 2021, Luis Enrique De La Cerda, 55, was identified as the driver of a tractor trailer traveling through Pearsall. Witnesses reported to law enforcement that multiple body parts were observed sticking out from the rear of the trailer, including the head of a male child. The tractor trailer parked in an abandoned parking lot near the outskirts of town where De La Cerda opened the rear trailer door, allowing multiple individuals to stream out of the trailer. Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS) and the Pearsall Police Department were at the scene and apprehended De La Cerda. In addition, 69 undocumented non-citizens, including five unaccompanied minors, were detained from the tractor trailer. Many complained of difficulty breathing due to no ventilation and hot temperatures in the trailer.
De La Cerda pleaded guilty today to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324. He is scheduled to be sentenced on March 9, 2022 and faces a maximum sentence of five years in prison. United States District Judge Jason K. Pulliam will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and HSI Special Agent in Charge Shane Folden made the announcement.
HSI, with assistance from DPS and the Pearsall Police Department, is investigating the case.
Assistant U.S. Attorney Matthew W. Kinskey is prosecuting the case.
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Del Rio Man Sentenced to 10 Years in Federal Prison for Possession of Child PornographyRead the Press Release
DEL RIO – A Del Rio man was sentenced today to 10 years in prison for possessing over a 1,000 images of child pornography.
According to court documents, in July 2018 Homeland Security Investigations (HSI) agents executed a search warrant on the residence of William Read, 71. During the search, investigators seized Read’s desktop computer and related computer media among other things. A forensic examination of the seized items revealed the presence of images and videos of material depicting the sexual exploitation of minors. Read possessed 1,093 images of child pornography. On August 26, 2019, Read pleaded guilty to one count of possession of child pornography.
In addition to the prison term, U.S. District Judge Alia Moses ordered that Read be placed on supervised release for a period of five years after his incarceration and that he pay $105,051.40 in restitution.
“Child sexual exploitation is an intolerable crime,” said U.S. Attorney Ashley C. Hoff. “We continue our vigorous prosecution of child predators to safeguard our children and communities.”
“This sentencing sends the message that we are committed to aggressively pursuing anyone who seeks to exploit children,” said Shane Folden, Special Agent in Charge for HSI San Antonio. “We will continue to dedicate our law enforcement resources to identify and bring to justice predators who traumatize and victimize children."
HSI investigated this case with valuable assistance from the Del Rio Police Department and Val Verde County Sheriff’s Office.
Assistant U.S. Attorneys Rex Beasley, Stephen Kam and Sarah Spears prosecuted this 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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Universal City Man Sentenced for Felon in Possession ChargeRead the Press Release
SAN ANTONIO – Yesterday, a Universal City man was sentenced to five years in federal prison for being a felon in possession of a firearm.
According to court documents, in April 2020, the Bexar County Fire Marshal’s Office (BCFMO) issued a “Be on the Lookout” alert for Joshua Conan Faleide, 43, who had two explosives-related warrants for his arrest. BCFMO and Universal City Police Department arrested Faleide at his Universal City hotel room, where he had three loaded firearms, including a loaded SKS rifle, which had been mounted on a bipod near the entryway of the room. Faleide had previously been convicted of felony Assault on a Public Servant in Bexar County.
On July 29, 2021, Faleide pleaded guilty to one count of being a felon in possession.
“Faleide's conviction and sentencing highlight our continuing efforts to prosecute violent actors who illegally carry firearms and endanger our community,” said U.S. Attorney Ashley C. Hoff.
“This defendant has proven that he has the propensity for violence on multiple dangerous levels,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski. “This sentence shows that removing convicted felons who possess firearms and those who wish to endanger our communities is the top priority for ATF and our law enforcement partners.”
The ATF and the Bexar County Fire Marshal’s Office investigated this case. The Universal City Police Department assisted with the arrest.
Assistant U.S. Attorney William Calve prosecuted this case on behalf of the government.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Corpus Christi Man Sentenced for Assault at JBSA-LacklandRead the Press Release
SAN ANTONIO – A Corpus Christi man was sentenced today to 33 months in federal prison for assaulting a female on Joint Base San Antonio - Lackland.
According to court records, on November 28, 2020, Robert Allen Cavazos, 51, and a woman were arguing in an RV located in the housing area of Lackland. When the woman tried to leave, Cavazos grabbed her arm and pulled her into the RV and blocked the door. The woman continued to try and leave but Cavazos kept pushing her and throwing her to the floor. At one point Cavazos put her in a choke hold. He also put his hands around her neck in order to strangle her. The woman was eventually able to get away and contacted Security Forces about the assault.
On August 17, 2021, Cavazos was found guilty by U.S. District Judge Jason K. Pulliam of assault.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI investigated the case.
Special Assistant U.S. Attorney Tiffany Miller prosecuted the case.
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Two San Antonians Sentenced to Prison for Health Care Fraud SchemesRead the Press Release
SAN ANTONIO – This week, two San Antonio residents were sentenced for their roles in health care fraud schemes. Yesterday, Nancy Almaguer, 42, was sentenced to 18 months in prison and today Christopher Felix Montoya, 47, was sentenced to two 18-month prison sentences to run consecutively.
According to court documents, Montoya was a licensed physician’s assistant and owner of TPC Family Care and Medical Clinics in San Antonio and Laredo. Almaguer was the Chief Operating Officer for the clinics. Beginning in September 2018 through June 2019, Montoya and Almaguer agreed to refer lab testing requests to specific laboratories. The labs billed insurance programs, including Medicare and TRICARE, and paid Almaguer and Montoya a percentage of their receipts in return for the referrals. The kickback schemes resulted in over $500,000 in billings to public and private insurance companies.
In July and September of 2021, Montoya and Almaguer, respectively, pleaded guilty to one count of conspiracy to defraud the U.S. and to pay and receive health care kickbacks.
In a separate case, in July 2021, Montoya pleaded guilty to one count of conspiracy to receive health care kickbacks. In this case, Montoya admitted that for five months beginning in February 2015 he received kickbacks to write prescriptions for compounded medication from a California-based pharmacy that had high TRICARE reimbursements. Based on the evidence, TRICARE was billed $8,832,268.73 for prescriptions Montoya wrote to which TRICARE paid out $6,690,598.77.
In addition to the prison sentence, Almaguer was ordered to forfeit $137,792.10 in criminal proceeds and pay $52,603.62 in restitution. Montoya was ordered to pay a total of $849,865.93 in restitution.
“Kickback regulations exist to protect patient choice and ensure that only medically necessary procedures are performed,” said U.S. Attorney Ashley C. Hoff. “Our office continues to help protect federal insurance programs from fraud. We hope that these sentences communicate that these regulations should be taken seriously.”
“Health care fraud significantly harms the U.S. economy by costing this country billions of dollars a year,” said FBI Special Agent in Charge Christopher Combs. “Those losses result in rising medical costs for all Americans. The FBI is committed to investigating those involved in this crime through investigative partnerships with other federal agencies.”
The FBI; Texas Attorney General’s Office Medicaid Fraud Control Unit; U.S. Department of Health and Human Services—Office of Inspector General; the U.S. Office of Professional Management—Office of Inspector General; and the Defense Criminal Investigation Service investigated this case.
Assistant U.S. Attorneys Justin Chung and William R. Harris prosecuted this case on behalf of the government and Assistant U.S. Attorney Antonio Franco handled the forfeiture aspects.
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Mexican National Found Guilty of Marijuana DistributionRead the Press Release
PECOS – Today a federal jury in Pecos convicted a Mexican national for his role in distributing marijuana.
According to court documents and evidence presented at trial, Tomas Herrera-Quinones, 33, and six other co-defendants were charged with one count of conspiracy to possess with intent to distribute marijuana and one count of possession of over 100 kilograms of marijuana. A federal jury found Herrera guilty of both counts.
Herrera faces a maximum penalty of 20 years in prison on each count and is scheduled for sentencing in March 2022.
Six co-defendants, all from Mexico, have pleaded guilty in this case. Jesus Olegario Chaparro-Fontes, 28; Wenceslao Chaparro-Fontes, 26; Martin Eduardo Torres-Bojorquez, 22; Francisco Vasquez-Baldenegro, 35; and Eliceo Vasquez-Baldenegro, 30, pleaded guilty to one count of possession with intent to distribute marijuana. Juan Torres-Chaparro, 33, pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana.
Wenceslao Chaparro; Martin Torres; Juan Torres; Francisco Vasquez; and Eliceo Vasquez are scheduled for sentencing on January 25, 2022. Jesus Chaparro is scheduled for sentencing on February 22, 2022.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Greg Millard made the announcement.
The DEA is investigating the case.
Assistant U.S. Attorneys Lance Kennedy and Scott Greenbaum are prosecuting the case.
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