Western District of Texas

EL PASO – An El Paso man was sentenced today to 17 years in prison for production of child pornography.

According to court documents, on July 15, 2019, Steven George Sperling, 36, was an active-duty service member stationed at Fort Bliss when he produced a lewd video of a minor child.

On July 14, 2021, Sperling pleaded guilty to one count of production of a visual depiction of a minor engaging in sexually explicit conduct.  He has remained in federal custody since his arrest on July 18, 2019.

“Prosecuting dangerous sexual predators that exploit the innocence of children and cause unspeakable harm is always going to be a top priority for our office.  Along with the FBI and our other valued partners in law enforcement, we remain dedicated to ensuring the safety of children in our community and online,” said U.S. Attorney Ashley C. Hoff.  “We will continue to use every resource available to identify and prosecute offenders like the defendant in this case to the full extent of the law.”

“A heartbreaking reality of the world we’re living in is the hidden abuse of children,” said FBI Special Agent in Charge Jeffrey R. Downey. “They’re suffering in silence every day, both in our community and around the world, as we go about our daily lives. The FBI El Paso’s Child Exploitation and Human Trafficking Task Force will relentlessly pursue every lead to rescue children who are being victimized and bring their perpetrators to justice. We strongly urge members of the public to help us in our fight to protect children, as they are some of the most vulnerable in our community. FBI El Paso can be reached 24 hours/ 7 days a week at (915) 832-5000.”

The FBI investigated the case.

Assistant U.S. Attorney Ian M. Hanna and Special Assistant U.S. Attorney Alana O’Reilly  prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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SAN ANTONIO – 2011 Bandera Road, LLC agreed to pay the United States $15,000 to resolve allegations that it violated the False Claims Act, 31 U.S.C. §§ 3729-3733, by collecting excess rent from a tenant in the U.S. Department of Housing and Urban Development’s (HUD) federal Housing Choice Voucher Program, commonly referred to as “Section 8.”  Section 8 is a program to assist low-income families, the elderly and the disabled in securing decent, safe, and sanitary housing in the private market.  Through this program, HUD provides funding by vouchers administered by local public housing agencies.  HUD pays the housing subsidy directly to the landlord, which may cover all or a portion of a tenant’s monthly rent.  As a condition of receiving the housing subsidy, the landlord contractually agrees not to charge the tenant rent that exceeds the amount set by the public housing agency.

2011 Bandera Road leased property to certain tenants participating in the Section 8 program.  This settlement resolves allegations that from November 2017 through January 2019, the company violated the False Claims Act by knowingly requiring one of those tenants to pay rent that exceeded what was contractually allowed.

United States Attorney Ashley C. Hoff stated, “The Section 8 program helps Americans in need of affordable quality housing.  That purpose is undermined when a program participant overcharges a beneficiary of the program.”

“Those who seek out opportunities to prey on American families who rely on HUD programs for safe and affordable housing will be pursued and held accountable,” said Special Agent-in-Charge Bertrand Nelson with the HUD Office of Inspector General (OIG). “HUD OIG is committed to working with its law enforcement partners to fully investigate allegations of fraud, waste, abuse and mismanagement of HUD programs and protect American taxpayer dollars that fund them.”

The settlement resolves allegations contained in a lawsuit filed by a former tenant under the qui tam or whistleblower provisions of the False Claims Act.  The False Claims Act permits private parties to file suit on behalf of the United States and share in any recovery.

The U.S. Department of Housing and Urban Development, Office of Inspector General, investigated this matter along with Assistant United States Attorney John Deck from the U.S. Attorney’s Office for the Western District of Texas.  The qui tam case is docketed as United States ex rel. Elissa L. White and Elissa L. White, individually, v. 2011 Bandera Road, LLC, Cause No. 5:20-CV-488, (W.D. Tex.).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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A Texas man and woman were arrested today in Helotes on criminal charges related to the husband’s involvement in alleged export violations and both of their alleged involvement in a scheme to defraud a research and development company (R&D Company) that provided services to industrial and government clients in the United States and abroad.

Xiaojian Tao, 63, is charged with one count of illegal export of defense articles; one count of unlawful export of commerce-controlled goods; and one count of making a false statement with regards to the Export Control Reform Act (ECRA). Tao allegedly exported items to China without having obtained a required export license from either the Department of State or the Department of Commerce.

Tao and Yu Lang, aka Laura Long, 63, are both charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud. According to court documents, from 1997 to the present, Tao and Lang owned and operated Tyletech, aka Tylex Tech LLC and Tyle Tech, a company that provides engineering consulting services. From 1994 to March 2020 Tao worked for the R&D Company that directly competed with Tyletech. Although Tao certified that each year he would notify the R&D Company of any conflicts of interest and follow Standards of Conduct, Tao and Lang hid Tao’s role in Tyletech, instead funneling business from the R&D Company to Tyletech. 

Further, from 2016 to 2020, Tao and Lang allegedly filed false income tax returns and are both charged with one count of conspiracy to defraud the United States and five counts of filing false tax returns. Tao also is charged with one count of making a false statement and Lang is charged with two counts of making a false statement.

If convicted, Tao faces a maximum of 20 years in prison on each of the export counts and the false ECRA statement. Tao and Lang face a maximum 20 years in prison on each of the wire fraud counts; five years in prison on each of the false statement counts and the defrauding the U.S. count; and three years in prison on each of the false tax return counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Ashley C. Hoff for the Western District of Texas; Acting Special Agent in Charge Jason Hudson for the FBI’s San Antonio Field Office; Special Agent in Charge Ramsey E. Covington of the IRS – Criminal Investigation (IRS-CI); and Special Agent in Charge Trey McClish of the Department of Commerce, Bureau of Industry and Security – Office of Export Enforcement’s Dallas Field Office made the announcement.

The FBI; IRS-CI; and the Department of Commerce, Bureau of Industry and Security, along with assistance from U.S. Customs and Border Protection, are investigating the case.

Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris for the Western District of Texas are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

SAN ANTONIO – A Helotes man and woman were arrested today in Helotes on criminal charges related to the husband’s involvement in alleged export violations and both of their alleged involvement in a scheme to defraud a research and development company (R&D Company) that provided services to industrial and government clients in the United States and abroad.

Xiaojian Tao, 63, is charged with one count of illegal export of defense articles; one count of unlawful export of commerce-controlled goods; and one count of making a false statement with regards to the Export Control Reform Act (ECRA).  Tao allegedly exported items to China without having obtained a required export license from either the Department of State or the Department of Commerce.

Tao and Yu Lang, aka Laura Long, 63, are both charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud.  According to court documents, from 1997 to the present, Tao and Lang owned and operated Tyletech, aka Tylex Tech LLC and Tyle Tech, a company that provides engineering consulting services.  From 1994 to March 2020 Tao worked for the R&D Company that directly competed with Tyletech.  Although Tao certified that each year he would notify the R&D Company of any conflicts of interest and follow Standards of Conduct, Tao and Lang hid Tao’s role in Tyletech, instead funneling business from the R&D Company to Tyletech. 

Further, from 2016 to 2020, Tao and Lang allegedly filed false income tax returns and are both charged with one count of conspiracy to defraud the United States and five counts of filing false tax returns.  Tao also is charged with one count of making a false statement and Lang is charged with two counts of making a false statement.

If convicted, Tao faces a maximum of 20 years in prison on each of the export counts and the false ECRA statement.  Tao and Lang face a maximum 20 years in prison on each of the wire fraud counts; five years in prison on each of the false statement counts and the defrauding the U.S. count; and three years in prison on each of the false tax return 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 Acting Special Agent in Charge Jason Hudson; Internal Revenue Service – Criminal Investigations (IRS-CI) Special Agent in Charge Ramsey E. Covington; and Special Agent in Charge Trey McClish, U.S. Department of Commerce, Bureau of Industry and Security – Office of Export Enforcement’s Dallas Field Office made the announcement.

The FBI; IRS-CI; and the Department of Commerce, Bureau of Industry and Security, along with assistance from U.S. Customs and Border Protection, are investigating the case.

Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris are prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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SAN ANTONIO – Today U.S. District Court Judge Fred Biery found Chance Anthony Uptmore, 25, of San Antonio, guilty of one count of being an unlawful user of a controlled substance in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(3). 

According to court documents and evidence presented at trial, on January 18, 2021, law enforcement officers executed a search warrant at Uptmore’s residence for his involvement in the January 6th Capitol Riots in Washington D.C.  During a search of the Defendant’s residence, he was found to be in possession of a loaded Taurus .38 Special Revolver along with more than 13 pounds in gross weight of marijuana; approximately 1.8 pounds in gross weight of Tetrahydrocannabinol (THC) edible products; approximately 1.2 pounds in gross weight of THC waxes, dabs and oils; and approximately one-third of a pound in gross weight of Psilocin mushrooms.

According to testimony from law enforcement officers at trial along with Uptmore’s own video recorded statements, Uptmore described himself as a “weedaholic” who smoked marijuana, by his own estimation, multiple times per day. Uptmore admitted to officers that at the time of his arrest in January 2021, there had not “been a day where [Uptmore] had not gotten high all day in at least six months, maybe even a year.” At the conclusion of trial, the Court concluded that Uptmore was both an unlawful user of and addicted to controlled substances at the time he possessed the loaded revolver.

Uptmore is scheduled for sentencing on July 26, 2022 and faces up to 10 years in prison.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.

The FBI’s San Antonio Joint Terrorist Task Force (JTTF) is investigating the case, with the assistance of U.S. Immigration and Customs Enforcement – Enforcement and Removal Operations (ICE-ERO) and San Antonio Police Department.

Assistant U.S. Attorneys Matthew W. Kinskey and Mark T. Roomberg are prosecuting the case.

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EL PASO – Today an El Paso man was sentenced to life in prison for sexual exploitation of a minor.

According to court documents, Travis Wayne Vavra, 60, was a long-haul truck driver who advertised free amusement park passes and cross-country trips for boys to explore the United States. As a result of the advertisement, Vavra transported a minor in his tractor trailer from the El Paso, Texas area to different states, including New Mexico, Missouri, Arizona, California, Wisconsin, Illinois, Nebraska, Maryland, Oklahoma, and Louisiana from May 2015 to June 2019.  Vavra sexually assaulted the minor during these cross-country trips that began when the victim was nine years old.  Vavra had also previously molested two other victims. On the date of his arrest, Vavra posted another flyer for parents and boys advertising these free cross-country trips. Vavra was found to be in possession of child sexual abuse material on his phone at the time of his arrest.

On June 29, 2021, a federal jury found Vavra guilty of one count of transportation of minors with intent to engage in criminal sexual activity and one count of possession of a visual depiction involving the sexual exploitation of a minor.  Vavra has remained in federal custody since his arrest on December 6, 2019.

“Our office is committed to vigorously prosecuting cases against individuals who prey upon the most vulnerable among us – children,” said U.S. Attorney Ashley C. Hoff. “We, along with our law enforcement partners, strive to protect our communities from these sexual predators and bring justice to victims of these heinous crimes so that they can begin the healing process.”

“From suspicious flyers posted in store windows to reports of sexual abuse, the investigation involving Vavra showed how concerned citizens came together to stop a predator from destroying the innocence of additional young boys and assist in providing closure to the victims of his previous sexual assaults,” said Jeffrey R. Downey, FBI El Paso Special Agent in Charge. “We cannot protect our community alone. The FBI is thankful to those citizens who came forward to voice their suspicions. The FBI along with our partners assigned to the El Paso Crimes Against Children and Human Trafficking task force remain committed to the most vulnerable members of El Paso, the children.”

The FBI investigated the case.

Assistant U.S. Attorneys Sarah Valenzuela and Richard Watts 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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DEL RIO – A Mexican national who failed to appear for sentencing in 2015 was sentenced today to 10 years in prison and ordered to pay $884,174.47 in restitution for his role in a bribery scheme.

According to court documents, German Garcia Cano, 62, was the owner of GGC Enterprises, Inc., (GGC) a construction equipment rental company.  Between 2009 and 2012, Maverick County paid GGC hundreds of thousands of dollars leasing heavy equipment purportedly used in construction projects in Maverick County.  On October 9, 2014, Cano pleaded guilty to one count of paying a bribe to an agent of an organization receiving federal funds.  By pleading guilty Cano admitted he paid bribes to Maverick County employees to insure that GGC secured leasing contracts with Maverick County. 

On February 24, 2015, Cano was scheduled to be sentenced and failed to appear.  A warrant for his arrest was issued that same day.  In March 2015, the Court entered a bond forfeiture against Cano and a surety and a restraining order against Cano’s assets.  The United States subsequently garnished on bank accounts associated with Cano, including recovering $10,000 transferred to his sister, despite his fugitive status.  On July 8, 2021, Cano was rearrested and has remained in federal custody.

“The sentencing of German Cano today demonstrates our steadfast commitment to the pursuit of justice, even when criminals flee,” said U.S. Attorney Ashley C. Hoff.  “By paying bribes to receive government funds, Cano fostered a culture of corruption in Maverick County, undermining the public’s faith in government. Along with our law enforcement partners, we will continue to use all available resources to root out corruption and hold wrongdoers accountable.”

“Corruption damages the very fiber of our society, as it undermines public trust,” said Acting Special Agent in Charge Jason Hudson. “Thankfully, with today’s sentencing, the defendant in this case will now have to face the consequences of his actions.”

The FBI, with assistance from the Customs and Border Protection Office Internal Affairs; DEA; Texas Department of Public Safety Criminal Investigative Division; Texas Rangers; and Maverick County Sheriff’s Office, investigated the case.

Assistant U.S. Attorneys James Ward and Michael Galdo, with assistance from the Department of Justice’s Office of International Affairs, prosecuted the case.

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EL PASO – On Monday, a Mexican national was sentenced to 72 months in prison for his role in a human smuggling organization.

According to court documents, Israel Ulloa-Osorio, 27, was an active member and key foot guide for a complex human smuggling organization that guides groups of undocumented noncitizens for several days through the West Texas desert to pick-up locations on I-10.

According to witnesses, on May 15, 2020, Ulloa was illegally guiding a group of migrants from Mexico through the rugged terrain when an individual struggled to keep up and eventually died in the desert. The deceased man was traveling with his son who turned himself in to Border Patrol.  On June 2, 2021, Ulloa pleaded guilty to one count of conspiracy to bring in aliens into the U.S. resulting in death, in violation of Title 8, United States Code, Section 1324.

“Human smuggling along the Southwest Border is dangerous and often deadly,” said U.S. Attorney Ashley C. Hoff.  “The United States Attorney’s Office  is committed to vigorously enforcing human smuggling laws and thanks its partners—particularly Homeland Security Investigations (HSI) who led the investigation along with Border Patrol and the Hudspeth County Sheriff’s Office who provided invaluable assistance.”

“This sentence underscores Homeland Security Investigations’ relentless efforts to identify transnational criminal organizations that make a profit from smuggling noncitizens into the United States with total disregard for people who may end up paying the ultimate price,” said Frank B. Burrola, Special Agent in Charge of HSI El Paso. “HSI is committed to ensuring that those who prey on the innocent face justice.”

HSI and Border Patrol, along with the Hudspeth County Sheriff’s Office, investigated the case.

Assistant U.S. Attorney Spencer D. Kiggins prosecuted the case.

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SAN ANTONIO – A San Antonio man was sentenced today to five years of home confinement and ordered to pay $273,372 in restitution for preparing false tax returns.

According to court documents, Richard Medina Sr., 68, operated an unnamed and unregistered tax return preparation business out of his residence from 2013 to 2016.  Medina prepared false federal income tax returns for his clients by claiming false credits, Individual Retirement Accounts (IRAs), and itemized deductions.  Medina fraudulently maximized tax credits to generate undue tax refunds, causing a loss of over $273,000  Medina was also required to notify the bankruptcy trustee of all forms of income after filing for bankruptcy in 2013 but lied under oath about income from his tax preparation business. 

On June 23, 2020, Medina pleaded guilty to one count of aiding and assisting in the preparation of a false tax return and one count of false statement in bankruptcy.

“Unscrupulous tax return preparers such as Medina do millions and millions of dollars in harm both to the U.S. Treasury and to their taxpayer clients, who are ultimately responsible for the accuracy of their returns,” said U.S. Attorney Ashley C. Hoff.  “Medina’s use of false information extended both to his own personal returns and to his omission of his income from filings he made when he pursued bankruptcy protection.”

The Internal Revenue Service – Criminal Investigation (IRS-CI) investigated the case.

Assistant U.S. Attorney William R. Harris prosecuted the case.

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EL PASO – A federal grand jury in El Paso returned an indictment today charging an El Paso man with kidnapping.

According to court documents, Matthew Joseph Contreras, 25, is accused of taking the victim from El Paso to Alamogordo, New Mexico while on his way to his new job at a detention facility. The victim told FBI agents that while they were in El Paso, Contreras held a knife to her throat in the early morning hours of March 14 after she returned from work. She also said Contreras punched and kicked her several times and then poured bleach on her. Contreras also allegedly hit the victim with a gun and then held it to her head. Law enforcement officers retrieved a 9mm handgun from the vehicle that Contreras used to drive the victim to New Mexico.

Contreras also faces a federal charge for possessing a firearm as a prohibited person due to a prior conviction. 

Contreras is charged with one count of kidnapping and one count of possession of a firearm by a prohibited person. The defendant is scheduled for an arraignment next week.  If convicted, he faces up to life in prison on the kidnapping charge and up to 10 years in prison on the firearm charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Contreras has remained in federal custody since his arrest on March 16, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office, made the announcement.

The FBI, with assistance from the El Paso Police Department, is investigating the case.

Assistant U.S. Attorney Patricia Aguayo is prosecuting the case.

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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SAN ANTONIO – A San Antonio woman was sentenced today to 33 months in prison for embezzling from her employer.

According to court documents, Cindy Ellen McCarthy, aka Cindy Wojtaszek, 48, was the bookkeeper of a Castle Hills business.  Between November 2012 and July 2018 McCarthy paid her personal credit card from the company’s bank account.  To conceal her fraud, McCarthy altered the company’s monthly bank statements to make it appear that payments were being made to a vendor.  Through approximately 200 transactions, McCarthy defrauded the company of over $850,000.

On October 21, 2021, McCarthy pleaded guilty to one count of wire fraud.  In addition to the prison sentence, McCarthy was ordered to pay $855,538.56 in restitution to her former employer.

“Small and medium-sized businesses are the backbone of America,” said U.S. Attorney Ashley C. Hoff. “Today’s sentencing reflects the seriousness of McCarthy’s abuse of her position and the resolve of this office to  pursue those who betray their employers’ trust by embezzling money.”

“The defendant in this case took advantage of her role as a bookkeeper to betray and deceive her employer for personal gain,” said Acting Special Agent in Charge Jason Hudson. “The FBI is committed to investigating financial fraud and ensuring those who commit these crimes are held accountable for their actions.”

The FBI, with invaluable assistance from the Castle Hills Police Department, investigated the case.

Assistant U.S. Attorney William R. Harris prosecuted the case.

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EL PASO – An El Paso woman pleaded guilty today to stealing money from a union.

According to court documents, Dorothy Ferguson, 58, was the treasurer of the American Federation of Government Employees Local Union 2516 located in Fort Bliss, El Paso from December 2019 to April 2020.  During her tenure, she consistently failed to present financial reports to Board meetings and at membership meetings.  Further investigation revealed Ferguson made 29 unauthorized cash withdrawals from the Union’s bank account that totaled $16,604.

Ferguson pleaded guilty to one count of Theft within Special Maritime and Territorial Jurisdiction.  A sentencing date has not been set.  Ferguson 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; FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office; and Department of Labor Office of Labor-Management Standards (DOL-OLMS) District Director Michelle Hussar, Dallas Office made the announcement.

The FBI and DOL-OLMS are investigating the case.

Assistant U.S. Attorney Michael M. Osterberg is prosecuting the case.

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SAN ANTONIO – Yesterday, a San Antonio man was sentenced to 30 years in prison for sexual exploitation of a minor.

According to court documents, Daniel Vesa, 39, coerced a minor into self-producing videos showing the child engaging in sexually explicit conduct using an online social media platform.  Vesa also forced the child to engage in sex acts with him over a two-year period.

On November 19, 2021, Vesa pleaded guilty to one count of Production of Child Pornography.  In addition to the prison sentence, Vesa was ordered to pay $50,000 in restitution to the victim and serve a lifetime of supervised release.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.

The FBI, along with invaluable assistance from the Bexar County Sheriff’s Office, 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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SAN ANTONIO – On Friday, a federal jury convicted Kenton Maurice Haynes, 27, of San Antonio for his role in drug trafficking.

According to court documents and evidence presented at trial, on March 26, 2020, law enforcement officers observed Haynes and Kevin Johnson, Jr., 29, of San Antonio, driving a car in circles in an empty parking lot, parking, and then repositioning several times. Another car pulled up, and the driver exited his vehicle and got into the backseat of Johnson’s car. Officers then executed an arrest of all three of the individuals for a drug transaction that was in progress. At the time of the arrest, Johnson had a loaded handgun and nearly $10,000 in cash. Haynes had a loaded handgun equipped with a high-capacity magazine and approximately $2,700 in cash. Officers also recovered approximately two and a half pounds of marijuana, ecstasy and cocaine during the arrest.

At the time of the arrest, Haynes, who was a documented member of the Bloods and Neighborhood Piru street gangs, was under felony indictment for state offenses. Haynes was also wanted for multiple felony warrants for narcotics and firearms offenses.

At the conclusion of a four-day jury trial, Haynes was found guilty on all three charges alleged: one count of Receipt of Firearm While Under Indictment; one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and one count of Possession with Intent to Distribute Marijuana. Haynes is scheduled for sentencing before United States Senior District Judge David A. Ezra on August 8, 2022. He faces a maximum of five years in prison for both his receipt of a firearm while under indictment and his possession with intent to distribute a controlled substance. Haynes also faces a mandatory minimum sentence of five years in prison for possession of a firearm in furtherance of a drug trafficking crime to be served consecutively with any other sentence imposed.

On March 16, 2022, Haynes’ co-defendant, Kevin Johnson, Jr., pleaded guilty before United States Magistrate Judge Henry J. Bemporad to one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime and one count of Possession with Intent to Distribute Marijuana. Johnson is scheduled for sentencing before Judge Ezra on July 25, 2022. He faces a maximum of five years in prison for possession with intent to distribute a controlled substance with a mandatory minimum sentence of five years in prison for possession of a firearm in furtherance of a drug trafficking crime to be served consecutively with any other sentence imposed.

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 Fred J. Milanowski made the announcement.

The ATF, along with members of San Antonio Texas Anti-Gang Center (TAG), is investigating the case.

The public is encouraged to report San Antonio area gang-related crime to TAG’s intervention and prevention website at stopsanantoniogangs.org.

Assistant U.S. Attorneys Matthew W. Kinskey and William F. Calve are 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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AUSTIN – Yesterday, a federal grand jury in Austin returned a three-count indictment charging Franklin Barrett Sechriest, 19, of San Marcos with crimes for the intentional fire set at a synagogue in Austin on October 31, 2021. 

According to court records, Sechriest was seen on surveillance video carrying a five-gallon container and toilet paper toward the synagogue’s sanctuary.  Moments later, multiple surveillance videos captured the distinct glow of a fire that appeared to come from the sanctuary.  A security camera captured Sechriest jogging away from the direction of the sanctuary and fire towards the open driver’s side door of a vehicle.

During the search of Sechriest’s residence, agents found items similar to those seen on the surveillance videos, including similar clothing and a receipt for a five-gallon container similar to the one seen on video.  Also found were various handwritten journals that contained statements related to the synagogue fire.

Sechriest has remained in federal custody since his arrest on November 12, 2021.

The indictment charges Sechriest with one count of Damage to Religious Property; one count of Use of Fire to Commit a Federal Crime; and one count of Arson.  Sechriest faces a maximum 30 years in prison for the Damage to Religious Property count; a mandatory sentence of 10 years in prison to run consecutive to any other sentence on the Use of Fire count; and a maximum 20 years in prison for the Arson count.    

Assistant United States Attorney Matthew Devlin and Trial Attorney Andrew Manns of the Department of Justice’s Civil Rights Division are prosecuting the case.  The Federal Bureau of Investigation and Austin Fire Department are investigating the case.

An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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EL PASO – A Mexican national was sentenced today to life in prison and ordered to pay a $100,000 fine for his role in the Sinaloa Cartel’s operations.

According to court documents, Mario Iglesias-Villegas, aka “Dos,” “El 2,” “Delta,” “Parka,” “Grim Reaper,” 37, of Villa Ahumada, became a member of the Sinaloa Cartel under Joaquin “Chapo” Guzman-Loera in early 2008.  Iglesias was the head of a group of Sinaloa Cartel sicarios (assassins) until his arrest in 2012.  He was a significant participant in the death of thousands of people in Ciudad Juarez from 2008 to 2011.  Among those, Iglesias was convicted for his participation in the kidnapping and eventual murder of Horizon City resident, Sergio Saucedo, and in the kidnapping and murders of Rafael Morales-Valencia, Jaime Morales-Valencia, and Guadalupe Morales-Arreola, who were kidnapped outside a church in Ciudad Juarez shortly after the wedding of Rafael Morales-Valencia. Iglesias’ acts of violence allowed the Sinaloa Cartel to control the Juarez drug corridor and successfully import cocaine and marijuana into the United States.

On October 22, 2021, a federal jury in El Paso convicted Iglesias of one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO) for his role as a member of the Sinaloa Cartel; one count of conspiracy to possess cocaine and marijuana; one count of conspiracy to import cocaine and marijuana; one count of conspiracy to launder money; one count of conspiracy to possess firearms in furtherance of drug trafficking crimes; five counts of violent crimes in aid of racketeering activity; one count of conspiracy to kill in a foreign country; and one count of kidnapping.

“Today justice was finally served upon Mario Iglesias-Villegas,” said U.S. Attorney Ashley C. Hoff.  “For decades, the Sinaloa Cartel has been responsible for unspeakable violence on both sides of the border and for the importation of massive amounts of illegal drugs into our communities in the United States. With the cooperation with our valued law enforcement partners, this Office will continue to be vigilant and aggressive in our prosecution efforts as we work together to dismantle dangerous criminal organizations.”

“With the sentencing of Mario Iglesias-Villegas, another significant member of the Sinaloa Cartel who was responsible for so much violence and misery in neighboring Ciudad Juarez more than a decade ago, has been brought to justice,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division.  “DEA and its law enforcement partners will continue to pursue the arrest, extradition, conviction and sentencing of violent drug traffickers who harm our communities, no matter how long it takes.”

“The sentencing of Mario Iglesias-Villegas is one more step towards ending violence perpetrated by criminal drug trafficking organizations such as the Sinaloa Cartel,” said FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office.  “The FBI and our partners will endlessly pursue and prosecute cartel members and associates who attempt to control and intimidate their communities through violence.  This sentencing is justice to all of those who have suffered as a result of Iglesias-Villegas' criminal actions as a member of the Sinaloa Cartel.”

“Unfortunately, illegal firearms and narco-traffickers go together like peanut butter and jelly.  ATF and all of our partners are committed to breaking the long history of firearms-related violence that surrounds the dark world of the cartels and their impact on American Citizens,” said ATF Dallas Field Division Special Agent in Charge, Jeffrey C. Boshek II.

Iglesias’s co-defendant, Arturo Shows Urquidi, aka “Chous,” 51, of  Juarez, was found guilty of one count of conspiracy to violate the RICO statute for his role as a member of the Sinaloa Cartel; one count of conspiracy to possess cocaine and marijuana; one count of conspiracy to import cocaine and marijuana; one count of conspiracy to launder money; and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.  Shows was sentenced to life in prison on March 3, 2022.

The Sinaloa Cartel’s criminal activity in the Ciudad Juarez and El Paso area included the violence that occurred during the war between the Juarez Cartel and the Sinaloa Cartel, which led to the death of thousands of people in Ciudad Juarez and throughout the Mexican states of Chihuahua and Durango.  The violence gave rise to Ciudad Juarez being named the “deadliest city in the world.”

This investigation resulted in the seizure of hundreds of kilograms of cocaine and thousands of pounds of marijuana in cities throughout the United States.  Law Enforcement took possession of millions of dollars in drug proceeds that were destined to be returned to the Cartel in Mexico.  Agents and officers also seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.

The DEA, FBI and ATF, together with the Immigration and Customs Enforcement–Homeland Security Investigations, United States Border Patrol, Customs and Border Protection, United States Marshals Service, El Paso Police Department, El Paso Sheriff’s Office and the Texas Department of Public Safety, investigated this case.

Assistant U.S. Attorneys Antonio Franco, Kristal Wade, Kyle Myers and Michael Williams prosecuted the case.

This effort is part of an 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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ALPINE – A Midland man pleaded guilty today to one count of conspiracy to possess fentanyl and one count of illegal possession of a firearm.

According to court documents, between August and October 2021, Edgar Parra, 36, sold a total of 112.3 grams of fentanyl to undercover DEA operatives on three separate occasions.  On November 11, 2021, the Midland Police Department executed a search warrant on the hotel room Parra was staying.  Officers found a loaded handgun along with 3.7 grams of methamphetamine.

According to DEA.gov, fentanyl is a synthetic opioid that is similar to morphine and can be up to 100 times more potent.  Two milligrams of fentanyl is considered a potentially lethal dose.

Parra pleaded guilty to one count of Conspiracy to Possess with Intent to Distribute Fentanyl and one count of Possessing a Firearm during and in Furtherance of a Drug Trafficking Crime. A sentencing date has not been scheduled.  Parra faces a maximum sentence of 40 years in prison on the drug charge and a maximum sentence of 20 years in prison on the gun charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Parra has remained in federal custody since January 21, 2022, when he was arrested on federal indictment charges.

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, with invaluable assistance from the Midland Police Department, is investigating the case.

Assistant U.S. Attorney Matthew Ellis 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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EL PASO – A federal grand jury in El Paso returned an indictment today charging an El Paso woman for her role in preparing false tax returns and committing bank fraud.

According to court documents, Dawn Marie Munoz, 52, allegedly underreported her income to the IRS for tax years 2015, 2016, 2017 and 2018. Also, beginning in March 2016 through April 2018, Munoz allegedly prepared income tax returns for others where she underreported income or over reported deductions causing the returns to be false.  In addition, Munoz fraudulently cashed checks and pocketed money she was not entitled to.

Munoz is charged with four counts  of Making and Subscribing a False Return; nine counts of Aiding and Abetting in the Preparation and Presentation of a False Return; and three counts of Bank Fraud. The defendant is tentatively scheduled for her initial court appearance next week before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Texas. If convicted, she faces a maximum sentence of three years in prison on each of the Making False Returns and Preparing False Returns counts and a maximum sentenced of 30 years in prison on each of the Bank Fraud 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; Internal Revenue Service – Criminal Investigations (IRS-CI) Special Agent in Charge Ramsey E. Covington, Houston Field Office; and FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office made the announcement.

The IRS-CI and FBI are investigating the case.

Assistant U.S. Attorney Mallory J. Rasmussen is prosecuting the case.

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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AUSTIN – Yesterday, an Austin man was sentenced to 24 months in prison for defrauding a financing company.

According to court documents, David Wayne Jenkins, 38, was the owner and president of Fukushu, Inc., doing business as Double D Services (Double D).  In February 2015, Jenkins agreed to sell Double D’s accounts receivable to Momentum Capital (Momentum), an accounts receivable financing company, to receive payments on invoices to companies that Double D performed work for.

From October 28, 2015 through December 29, 2015, Jenkins devised a fraud scheme to obtain payments for work Double D never performed.  Jenkins created 17 false and fraudulent Double D invoices and related work tickets for work he purportedly performed for Martin Marietta.  Although  none of the work was performed, Jenkins sought payment for $1,013,385  in invoices. 

“We are committed to prosecuting those who try to swindle money from others,” said U.S. Attorney Ashley C. Hoff.  “Criminals looking to make a quick buck can find themselves behind bars, just like this defendant.”

 “Our office is committed to protecting businesses from theft and fraud schemes which threaten the stability of our local economy and to holding fraudsters accountable for their crimes,” said FBI San Antonio Division Acting Special Agent in Charge Jason Hudson.

On September 29, 2021, Jenkins pleaded guilty to one count of wire fraud.  In addition to the prison sentence, Jenkins was ordered to pay $560,628.07 in restitution, the amount of loss Momentum suffered.

The FBI investigated the case.

Assistant U.S. Attorney Sharon Pierce prosecuted the case.

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A federal judge sentenced a Texas man today to life in prison without the possibility of parole for child exploitation offenses involving an 11-year-old, including sex trafficking, production and possession of child pornography, and committing a felony involving a minor while registered as a sex offender.

According to court documents and evidence presented at trial, Martin Renteria, 52, of Midland, who had committed similar crimes in the past, enticed an 11-year-old into engaging in sexual acts on multiple occasions. Renteria purchased expensive gifts for the child in exchange for the sexual acts, and at least one occasion, he also recorded a video of one of the sexual acts.

“The successful prosecution of this serial child abuser demonstrates the Department of Justice’s unwavering commitment to targeting repeat and dangerous sexual offenders against children, however they commit their crimes,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “We will continue to work closely with our federal, state, and local law enforcement partners to identify, prosecute, and hold accountable those who exploit children.”

“Today’s sentencing of Martin Renteria – a child predator who again inflicted serious pain and caused harm despite being an individual required to register as a sex offender – demonstrates our commitment to assist our local law enforcement partners to ensure serial predators are brought to justice,” said U.S. Attorney Ashley C. Hoff of the Western District of Texas. “These types of crimes leave a wake of destruction and brokenness for both the child victims and their families. I wish to thank the attorneys with the Child Exploitation and Obscenity Section of the U.S. Department of Justice for their invaluable assistance in this case.”

On Nov. 10, 2021, a jury convicted Renteria of production of child pornography, sex trafficking of a child, possession of child pornography, and committing a new crime against a child while registered as a sex offender.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and U.S. Attorney Ashley C. Hoff for the Western District of Texas made the announcement.

The Midland Police Department investigated the case, with computer forensics assistance from the Justice Department’s High Technology Investigative Unit.

Trial Attorneys Alicia A. Bove and Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Monica L. Daniels of the Western District of Texas are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the 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.

DEL RIO – A Douglassville, GA man was sentenced today to 52 months in prison for stealing over $2 million from the San Felipe Del Rio Consolidated Independent School District.

According to court documents, Donald Ray Lockard, 67, while doing business as DL Investments from August 2019 to February 2020, stole school district funds and used them for his own personal benefit. According to court records, unknown co-conspirators sent fraudulent emails to the school district’s comptroller claiming to be representatives of the financial institution to which the school district made bi-annual bond payments.  Those fraudulent emails resulted in the diversion of the school district’s bond payments to a different financial account established and controlled by Lockard.  There were three separate fraudulent wire transfers to Lockard’s account on February 12, 2020 that totaled $2,013,762.50. 

On April 12, 2021, Lockard pleaded guilty to one count of Conspiracy to Commit Wire Fraud.  In addition to the prison sentence, Lockard was ordered to pay $277,957.33 in restitution.  

“We are grateful to the FBI for their expedient and diligent investigative efforts, which secured recovery for most of the funds stolen, and we look forward to the restoration of those funds to the community to which they rightfully belong,” said U.S. Attorney Ashley C. Hoff.  “This case demonstrates the U.S. Attorney’s Office’s dedication to protecting our communities, our continued commitment to seek out and bring to justice those who steal from municipal coffers, and our resolve to restore losses to victims whenever possible.”

“Today’s sentence should send a clear message to those who seek to lie, cheat and steal from others for their own financial gain,” said FBI Acting Special Agent in Charge Jason Hudson. “This case is especially repugnant due to the fact that a school district was defrauded out of more than $2 million. The defendant showed complete disregard for the school district and the children it served while he bilked them out of needed resources and fraudulently used those funds for his own personal financial gain. The FBI will vigorously pursue those who carry out these deceitful and illegal schemes without regard to their victims.”

The FBI investigated the case.

Assistant U.S. Attorney Joshua Banister prosecuted the case and Assistant U.S. Attorney Antonio Franco handled the forfeiture aspects.

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DEL RIO – A Mexican national was sentenced last week to 45 months in prison for stealing Social Security benefits.

According to court documents, in May 2006 Jaime Aguilar, 60, applied for Social Security Insurance (SSI) benefits, claiming to be a U.S. citizen.  Aguilar also applied and received Medicaid benefits beginning in March 2012, again claiming he was a U.S. citizen.  It was later determined that Aguilar was a Mexican citizen and had fraudulently received $247,477.68 in government assistance payments.

On March 31, 2021, Aguilar pleaded guilty to one count of Theft of Public Money.  In addition to the prison sentence, Aguilar was ordered to pay $247,477.68 in restitution.  Aguilar has remained in federal custody since his arrest on April 18, 2019.

“We are pleased with the outcome of this case and thank our law enforcement partners for their diligence in investigating this matter and bringing it to a successful conclusion,” said U.S. Attorney Ashley C. Hoff.  “This office is resolved to investigate and prosecute those crimes where people attempt to steal from finite resources that go to support the most vulnerable in our communities.”

“By concealing material information, Mr. Aguilar fraudulently gained entitlement to SSI, a critical safety net for eligible persons. He not only defrauded SSA, but in doing so, he also improperly received other federal benefits. His sentence shows our commitment to protect Social Security benefits and to hold accountable those who misuse its programs,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I thank Homeland Security Investigations and the Texas Health and Human Services Commission Office of the Inspector General for their investigative efforts. I also thank the U.S. Attorney’s Office for prosecuting this case.”

The Office of Inspector General - Social Security Administration and the Texas Health and Human Services Office of the Inspector General, with invaluable help from Homeland Security Investigations, investigated the case.

Assistant U.S. Attorney Joshua Banister prosecuted the case.

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SAN ANTONIO – Yesterday, Juan Gerardo Trevino-Chavez, aka Huevo, 39, of Laredo was arrested in San Diego, CA, on criminal charges related to his alleged involvement in drug trafficking in Mexico and the United States.

According to the indictment filed in San Antonio, Trevino is the current leader of the Cartel Del Noreste drug cartel (CDN).  CDN is the successor cartel to the Los Zetas drug cartel for which he was a leader, drug trafficker, enforcer, weapons procurer, and plaza leader.

The indictment, unsealed yesterday, charges Trevino with 11 counts, including one count of  Conspiracy to Possess with Intent to Distribute Marijuana; one count of Conspiracy to Import Marijuana; one count of Unlawful Distribution of Controlled Substances; one count of Conspiracy to Employ a Person Under 18 in Drug Operations; one count of Conspiracy to Possess with Intent to Distribute Cocaine; one count of Conspiracy to Import Cocaine; one count of Conspiracy to Possess with Intent to Distribute Methamphetamine; one count of Conspiracy to Import Methamphetamine; one count of Conspiracy to Possess Firearms in Furtherance of Drug Trafficking; one count of Possession of a Machine Gun in Furtherance of a Drug Trafficking Crime; and one count of Money Laundering.

If convicted, Trevino faces up to life in prison on each of the Conspiracy to Possess Marijuana, Cocaine and Methamphetamine charges; up to life in prison on each of the Conspiracy to Import Cocaine and Methamphetamine charges; up to life in prison on the Unlawful Distribution of Controlled Substance charge as well as the Conspiracy to Employ a Person Under 18 in Drug Operations charge; up to 10 years in prison on the Conspiracy to Import Marijuana charge; and up to 20 years in prison on each of the Firearm charges and the Money Laundering 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; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden; and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux made the announcement.

HSI, DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Marshal Service, with invaluable assistance from the FBI and the Justice Department’s Office of International Affairs, are investigating the case.

Special thanks to the Government of Mexico for their help in the capture and deportation of Trevino, especially the Instituto Nacional de Migración; SEDENA; Fiscalia General de la República; Secretaría de Seguridad y Protección Ciudadana; and the Secretaría de Relaciones Exteriores.

This effort is part of an 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.

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

###

EL PASO – Two Mexican nationals were extradited to the United States to face firearm charges.

According to court documents, Maria Crisol Zuniga Alvarado, 40, and Carlos Antonio Torres Sandoval, aka Pichi, 42, were extradited by  Mexican authorities for their roles in firearms violations.  An investigation by law enforcement authorities identified a group of individuals in El Paso that were responsible for unlawfully exporting large numbers of firearms from the United States to Mexico between June 2017 and March 2018.  The investigation identified Sandoval as the leader of the organization.

The Justice Department's Office of International Affairs (OIA) worked with the U.S. Attorney’s Office for the Western District of Texas to prepare a formal extradition request that was presented to Mexican authorities on November 9, 2020.  Sandoval and Alvarado were arrested pursuant to that extradition request.

Alvarado and Sandoval are charged with one count of Conspiracy to Smuggle Goods from the United States and one count of Smuggling Goods from the United States and Aiding and Abetting the Same.  Sandoval also is charged with one count of False Statement During a Firearm Acquisition and Aiding and Abetting the Same. On March 8, 2022, Alvarado was detained without bond.  Sandoval is scheduled for an arraignment and detention hearing today before U.S. Magistrate Judge Miguel A. Torres of the U.S. District Court for the Western District of Texas. If convicted, they face a maximum penalty of five years in prison on the conspiracy to smuggle charge and a maximum sentence of 10 years in prison on the smuggling charge.  Sandoval also faces an additional maximum sentence of 10 years in prison on the false statement charge.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II; and Homeland Security Investigations (HSI) Special Agent in Charge Frank Burrola made the announcement.

The ATF and HSI are investigating the case.

Assistant U.S. Attorney Mallory Rasmussen 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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SAN ANTONIO – Today a New Braunfels man was convicted of making threats against then presidential candidate Joe Biden.

According to court documents and evidence presented at trial, on December 11, 2019, William Oliver Towery, 55, responded to a text message regarding a campaign rally where Biden was to appear.  In his response, Towery said, “I’ll be there and have been practicing my sniping skills all month just for this occasion.  If you will be nell [sic] near him you may want to wear something dark to hide the blood splatter.”

Towery was remanded into custody after the verdict.  Towery faces up to five years in prison, up to three years supervised release, a fine of up to $250,000, and a $100 mandatory special assessment. Sentencing is set for July 13, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.

The FBI Joint Terrorism Task Force and the San Antonio Police Department investigated the case.

Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris are prosecuting the case.

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SAN ANTONIO – Yesterday, Joshua Christopher Ramirez, 32, of San Antonio was arrested in San Antonio on criminal charges related to allegations that a gun he possessed was used to kill a two-year-old child.

According to court documents, on February 18, 2022, San Antonio police officers responded to a 911 call regarding the shooting of a two-year-old female.  Officers found the child with a single gunshot to the head.  The child was transported to the hospital where she eventually died.  During the investigation, it was reported the child had shot herself with a gun owned by Ramirez who was the boyfriend of the victim’s mother.  During a search of Ramirez’ residence, a duffel bag was found that contained a Glock Model 35, .40 caliber handgun.  Ramirez had a previous felony conviction and cannot legally possess a firearm.

Ramirez is charged by a federal criminal complaint with being a Felon in Possession of a Firearm. If convicted, Ramirez faces 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.

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 Fred J. Milanowski, Houston Division, made the announcement.

The ATF is investigating the case.

Assistant U.S. Attorney Brian M. 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.

A criminal complaint 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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WACO – Today a federal jury convicted Darius Letrayal King, 29, of Killeen for carjacking and armed robberies of area Killeen stores.

According to court documents and evidence presented at trial, King, along with his codefendant Corey Labon Jackson, 51, of Killeen committed armed robberies in January 2020 of a 7-Eleven and a Family Dollar store. King drove Jackson to the stores and Jackson robbed the stores at gun point.  On January 3, 2020, King also committed carjacking, taking a vehicle at gunpoint from an acquaintance.

King was found guilty of one count of Carjacking; three counts of Brandishing a Firearm During the Commission of a Crime of Violence; two counts of Interference with Commerce by Robbery; and one count of Possession of a Firearm by a Convicted Felon.  King faces up to 15 years in prison on the Carjacking count; a mandatory seven-year sentence to run consecutive to any other sentence received on each of the Brandishing of a Firearm counts; up to 20 years in prison on the Interference with Commerce counts; and up to 10 years in prison on the Possession of a Firearm by a Convicted Felon count.

On February 22, 2022, Jackson pleaded guilty to one count of Interference with Commerce by Robbery and one count of Brandishing a Firearm During the Commission of a Crime of Violence.  Jackson faces up to 20 years in prison on the Interference with Commerce count and a mandatory seven-year sentence to run consecutive on any other sentence for the Brandishing of a Firearm count.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.

The FBI, with invaluable assistance from the Temple Police Department and the Killeen Police Department’s Violent Crime Unit, is investigating the case.

Assistant U.S. Attorney Mark Frazier 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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EL PASO – Ricardo Ortiz, 30, a former teacher at Horizon High School in El Paso pleaded guilty today to three counts of Coercion and Enticement of a Minor and one count of Possession of a Visual Depiction Involving the Sexual Exploitation of a Minor.

According to court documents, the El Paso man began chatting with a 14-year-old on social media when the conversation quickly turned sexual in nature.  Ortiz arranged to meet with the minor for a sexual encounter but when he arrived at the meeting place, Ortiz was arrested by law enforcement.  Ortiz was actually speaking with an undercover FBI employee instead of a minor. 

Upon further investigation it was discovered that Ortiz also engaged in sexual activities with at least three minors in the El Paso area.  Agents also found child pornography on Ortiz’s electronic devices.

A sentencing date has not been set.  Ortiz faces a maximum penalty of up to life in prison on each of the coercion and enticement counts and up to 20 years in prison on the possession count. 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, El Paso Field Office, made the announcement.

The FBI is investigating the case.  To report information related to this investigation call the El Paso FBI office at 915-832-5000.

Assistant U.S. Attorney Mallory J. Rasmussen 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.

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EL PASO – A Cuban national living in Fort Hancock was sentenced today to 460 months in prison for drugs, firearms and immigration crimes.

On July 23, 2021, Gilberto Morales, 57, was found guilty by a federal jury of one count of conspiracy to possess 1,000 kilograms or more of marijuana; one count of possession of 100 kilograms or more of marijuana; one count of being a felon in possession of a firearm; one count of conspiracy to transport aliens; one count of conspiracy to harbor aliens; and one count of harboring aliens.

According to evidence presented at trial, Morales used his Fort Hancock ranch to further his drug trafficking and human smuggling activities.  He coordinated with a Mexican drug cartel operating out of Porvenir, Chihuahua, Mexico.  Porvenir is across the Rio Grande River from the defendant’s ranch.  During sentencing, the judge found that between June 2019 and August 2020, Morales smuggled at least 22,000 kilograms of marijuana into the United States, trafficking between a ton and half a ton of marijuana a week.

On August 14, 2020, a search warrant was executed at Morales’ ranch.  Four undocumented non-citizens were located at the ranch.  Testimony at trial indicated Morales had smuggled undocumented non-citizens from as early as November 2019. Later that same day federal agents executed a second search warrant at the stash house belonging to co-defendant Sergio Ivan Gonzalez where Morales delivered bulk marijuana. Agents found over 480 kilograms of marijuana in dozens of large bundles. According to trial testimony, this was typical for the amount of marijuana Morales regularly smuggled through his property.

During execution of the search warrant on Morales’ property, federal agents found 11 firearms and at trial, a jury found Morales guilty of being a felon in possession of approximately 1,833 rounds of assorted ammunition in addition to 11 firearms.  Morales’ prior conviction consisted of a charge of conspiracy with intent to distribute more than five kilograms of cocaine in the Southern District of New York in 2009.  He was sentenced to 50 months in prison.

In addition to the prison sentence, Morales was ordered to forfeit his 160-acre ranch, nearly $157,000 in cash found stashed in his house on his ranch, two trucks, a horse trailer and numerous firearms and ammunition.  He was also assessed a $520,000 money judgment.

“For more than a year, Gilberto Morales operated his very own smuggling corridor through his ranch right on the Rio Grande, working with a Mexican drug trafficking organization in smuggling bulk marijuana and undocumented immigrants,” said U.S. Attorney Ashley C. Hoff. “Today's sentence represents just punishment for a defendant who was giving safe harbor to a dangerous Mexican cartel in the United States.”

“This case includes various factors that pose a threat to public safety and border security – drug and weapons possession to transporting and harboring non-citizens,” said Frank Burrola, Special Agent in Charge for HSI El Paso. “HSI special agents utilize their ample authority to investigate a multitude of serious crimes that result from crimes such as these, and we will continue to work with our law enforcement partners to prevent these crimes by removing dangerous individuals from our community.”

“Doing hard time in New York wasn’t enough for Mr. Morales. He decided to move to Texas and continue a life of crime and villainy. He should have known that Texas law enforcement is relentless. Mr. Morales will now have more time to think about his career choices. Thanks to all the law enforcement agencies involved in this investigation for helping to keep the citizens of Texas safe” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II.

“The range of crimes in this case shows why it is important for law enforcement agencies to work together, leveraging their respective resources and expertise to bring criminals to justice,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “As always, DEA is glad to lend support to its partners.”

Morales’ co-defendant, Sergio Ivan Gonzalez, aka Sergio Ivan Gonzalez-Rangel, 36, from Clint, Texas, pleaded guilty on July 2, 2021, to one count of Conspiracy to Possess with Intent to Distribute 1,000 Kilograms or More of Marijuana.  Gonzalez’s sentencing is set for March 28, 2022.

Morales has remained in federal custody since being taken into custody after his guilty verdict on August 14, 2020.

Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives  investigated this case with invaluable assistance from the Drug Enforcement Administration’s El Paso Division; the U.S. Border Patrol; and the Texas Department of Public Safety.  AUSAs Adrian Gallegos and Spencer Kiggins prosecuted this case on behalf of the government.  AUSA Kristal Wade represented the government on the forfeiture procedures.

AUSA Adrian Gallegos and the U.S. Attorney’s Office for the Western District of Texas participate in Joint Task Force Alpha (JTFA), which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico and the Northern Triangle countries of Guatemala, El Salvador, and Honduras.  The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime. JTFA consists of federal prosecutors and attorneys from U.S. Attorney’s Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement and Customs and Border Protection.  The FBI and the Drug Enforcement Administration are also part of the Task Force.  

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AUSTIN – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that the United States has reached an agreement with the Travis County Clerk’s Office (“Travis County”) to ensure that the county provides accessible polling places to voters with disabilities. The agreement resolves the United States’ investigation into Travis County’s compliance with Title II of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability by a state or local government in any of its programs or services.

The United States surveyed over 50 of the polling places Travis County used during the 2020 Primary Election.  The United States observed that all polling places surveyed contained architectural or equipment barriers for voters with disabilities, such as a lack of van accessible parking, excessively sloped ramps, excessively sloped routes to the entrance, and protruding objects.  In addition, the accessible voting machines lacked knee and toe clearance to accommodate wheelchairs and lacked the same level of privacy afforded to other voters.  Polling places also lacked notice or procedures for voters with disabilities to access the county’s curbside voting system in a manner consistent with the ADA.

Under the terms of the agreement, the county will use an evaluation form for each current and prospective polling place based on ADA architectural standards.  The agreement requires the county to either relocate voting to new, accessible facilities, or to use temporary measures such as portable ramps, signs, traffic cones, and doorbells to ensure accessibility on Election Day.  In addition, Travis County will train its poll workers and other elections staff on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections.

Travis County is working collaboratively with the United States to make all polling places accessible and has already taken steps since the 2020 Primary Election to ensure polling place accessibility.

“The right to vote is a foundation of our democracy and must not be diminished or restricted by barriers to access at polling sites,” said U.S. Attorney Hoff.  “Under this agreement, eligible voters with disabilities in Travis County will be able to exercise their fundamental right to vote and participate in our democracy.”

People interested in finding out more about the ADA or this 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.

This investigation was handled by Assistant U.S. Attorneys Liane Noble and Thomas Parnham with the assistance of the United States Department of Justice, Civil Rights Division, Disability Rights Section. 

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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SAN ANTONIO – A San Antonio man was sentenced today to 20 years in prison for distribution of child pornography.

According to court documents, in 2019, Lynn Maxwell Gerstner, 72, befriended a minor in South Carolina.  The online relationship became sexual in nature when Gerstner began talking openly about sex and asked the minor to send nude photos.  The minor produced and shared nude photos and sexually explicit videos.  When the minor tried to break the relationship off, Gerstner contacted the minor’s employer stating he had videos of the minor that were “extremely sexual in nature,” and thought the minor’s employment should be terminated.  Instead, the employer contacted law enforcement in San Antonio. 

On April 23, 2019, Bexar County Sheriff’s Office executed a search warrant at Gerstner’s residence and recovered cell phones that belonged to Gerstner.  Numerous images of child pornography were found on the phones including sexually explicit photos of children as young as four.

On June 11, 2020, Gerstner pleaded guilty to one count of distribution of child pornography.  In addition to the prison sentence, Gerstner was ordered to pay $20,000 in restitution and a lifetime of supervised release after prison.

“This defendant spent the majority of his life as a predator, exploiting young children for his own sexual gratification,” said U.S. Attorney Ashley C. Hoff.  “Even after law enforcement agents seized his devices, he immediately went out and obtained new devices so he could continue to have access to child sexual abuse materials.  He not only sexually exploited minors, but he also actively attempted to cause additional harm if they didn’t comply with his sexual demands.  The court recognized the increased danger he presented to our society and sentenced him appropriately.”

“Every day, our nation’s children are being abused and exploited by child predators,” said FBI Acting Special Agent in Charge Jason Hudson.  “But thankfully, now there will be one less violent offender on the streets, harming the children of our community. The FBI and our law enforcement partners will continue to relentlessly pursue and prosecute those who would commit heinous acts against our most precious treasure – our children.”

The FBI, along with invaluable assistance from the Bexar County Sheriff’s Office, 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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SAN ANTONIO – A San Antonio man was sentenced today to 30 months in prison for stealing mail and cashing fraudulent checks.

According to court documents, Zachary Wayne Crowell, 35, was part of a group who broke into mailboxes to steal checks, credit cards, identification documents, bank statements and other financial statements.  Checks were “washed” to remove the original payee’s name so that they could be deposited into accounts controlled by Crowell or his codefendant Brandon James Waggoner.  Funds were then withdrawn before the checks were returned as fraudulent.  Crowell also used stolen debit and credit cards to purchase firearms illegally in other people’s names.

On May 18, 2021, Crowell pleaded guilty to one count of Bank Fraud.  In addition to the prison sentence, Crowell was ordered to pay $39,743.62 in restitution and complete five years of supervised release after serving his sentence.

“Mailbox break-ins and postal theft are serious crimes that can create havoc as they often lead to further affronts such as fraud, financial loss and identity theft, as happened here,” said U.S. Attorney Ashley C. Hoff. “It is striking that Zachary Crowell illegally purchased guns as a result of breaking into mailboxes in this case. We will continue to work closely with our partners to investigate and prosecute these matters to the fullest extent of federal law.”

“Mail and Identity theft investigations remain a top priority for the Secret Service in our mission to protect the nation’s financial institutions and victims of fraud,” said U.S. Secret Service Special Agent in Charge Paul Duran.  “The success in this case demonstrates our commitment to that mission and the collaborative efforts with our law enforcement partners.”

“One of the top priorities of the U.S. Postal Inspection Service (USPIS) is to protect and maintain the integrity of the U.S. Mail,” said Scott Fix, Inspector in Charge of the Houston Division of the USPIS.  “Postal Inspectors will work tirelessly to identify and arrest individuals like Zachary Wayne Crowell who choose to steal mail and use it to commit further crimes.  Today’s sentencing is the culmination of many hours of hard work by Postal Inspectors and our local law enforcement partners including the Texas Department of Public Safety, Bexar County Sheriff’s Office and San Antonio Police Department, to identify and bring these individuals to justice.”

On October 5, 2021, codefendant Brandon James Waggoner pleaded guilty to one count of Bank Fraud.  He was sentenced on February 1, 2022, to time served, a five-year supervised release and ordered to pay $4,992 in restitution.

The U.S. Secret Service and U.S. Postal Inspection Service investigated the case.

Assistant U.S. Attorney William R. Harris prosecuted the case.

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EL PASO – A Mexican national was sentenced today to life in prison for his role in the Sinaloa Cartel’s narcotics distribution operations.

According to court documents, Arturo Shows Urquidi, aka “Chous,” 50, of  Juarez, was a former Chihuahua State police officer and a long-time member of the Sinaloa Cartel under Ismael “Mayo” Zambada-Garcia.   Shows assisted in the security of stash houses where thousands of kilograms of cocaine were unloaded from tanker trucks and then reloaded with weapons and money headed for Culiacan, Sinaloa, Mexico.  During his involvement with the Sinaloa Cartel, the Cartel successfully imported thousands of kilograms of cocaine into the United States worth over $1 billion.

On October 22, 2021, a federal jury in El Paso convicted Shows of one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO) for his role as a member of the Sinaloa Cartel; one count of conspiracy to possess cocaine and marijuana; one count of conspiracy to import cocaine and marijuana; one count of conspiracy to launder money; and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.

“Investigating and prosecuting members of dangerous transnational criminal organizations remains a top priority of the United States Attorney’s Office for the Western District of Texas,” said U.S. Attorney Ashley C. Hoff.  “This sentence is a significant step in holding the members of the Sinaloa Cartel accountable for the crimes they have committed for years. The prosecution of this case clearly demonstrates how strong cooperation between federal, state and local law enforcement agencies can effectively combat the illegal activity of transnational criminal organizations.”

“The sentencing of Arturo Shows Urquidi is the culmination of years of work to investigate and bring to justice a significant member of the notorious Sinaloa Cartel,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “It demonstrates our commitment, along with that of our U.S. and foreign law enforcement partners, to pursue violent drug traffickers who seek to destroy our communities for profit.”

“The sentencing of Shows Urquidi is another strike against members of the Sinaloa Cartel and highlights the long arm of the law reaching across international borders,” said FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office. “Today exemplifies our commitment to prevent violence and criminal activity from poisoning the communities of El Paso and our sister city, Ciudad Juarez. It also sends a clear message that we and our partners will relentlessly pursue and prosecute the leaders and members of these violent drug enterprises.” 

“Our ability to bring to justice extremely violent members of criminal organizations, such as the Sinaloa Cartel, is a testament to the hard work and dedication of our Federal, State, and local law enforcement partners that assisted in this multi-year investigation.  It is a priority of the Bureau of Alcohol, Tobacco, Explosives and Firearms (ATF), to target these organizations that are responsible for transnational gun crime and violence” said ATF Assistant Special Agent in Charge Joshua Hernandez, Dallas Division.

In addition to the above charges, Shows’ co-defendant, Mario Iglesias-Villegas, aka “Dos,” “El 2,” “Delta,” “Parka,” “Grim Reaper,” 36, of Villa Ahumada, was also found guilty of five counts of violent crimes in aid of racketeering activity; one count of conspiracy to kill in a foreign country; and one count of kidnapping.  Iglesias is scheduled for sentencing on March 24, 2022.

The Sinaloa Cartel’s criminal activity in the Ciudad Juarez and El Paso area included the violence that occurred during the war between the Juarez Cartel and the Sinaloa Cartel, which led to the death of thousands of people in Ciudad Juarez and throughout the Mexican states of Chihuahua and Durango.  The violence gave rise to Ciudad Juarez being named the “deadliest city in the world.”

This investigation resulted in the seizure of hundreds of kilograms of cocaine, thousands of pounds of marijuana in cities throughout the United States.  Law Enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico.  Agents and officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.

The DEA, FBI, and ATF together with the Immigration and Customs Enforcement–Homeland Security Investigations, United States Border Patrol, Customs and Border Protection, United States Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case.

Assistant U.S. Attorneys Antonio Franco, Kristal Wade, Kyle Myers, and Michael Williams  prosecuted the case.

This effort is part of an 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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ALPINE – Yesterday, Robinson Mendoza-Gomez, 21, a Guatemalan citizen, pleaded guilty to assaulting a federal officer.

According to court documents, on December 14, 2021, Border Patrol agents near Van Horn attempted to apprehend a group of suspected undocumented noncitizens.  Mendoza demanded one of the agents release a person in the group.  Mendoza then charged and struck the agent injuring the agent’s face.

Mendoza pleaded guilty to one count of Forcibly Assaulting a Federal Officer.  A sentencing date has not been scheduled.  He faces 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 FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorney Scott V. Greenbaum is prosecuting the case.

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PECOS – Yesterday, a New Mexico man was sentenced to 240 months in prison for importing and possessing methamphetamine and 60 months in prison for a firearm charge.

According to court documents, Jarod Richard Melancon, 38, was arrested on May 5, 2021, after a federal search warrant was executed on a hotel room in Kermit where Melancon was staying.  In the hotel room, Drug Enforcement Administration (DEA) agents discovered about 464.3 grams of crystal methamphetamine in a nightstand and approximately 593.5 grams of crystal methamphetamine in a minifridge.  Agents also seized a 9mm pistol located near the nightstand.

On July 6, 2021, Melancon pleaded guilty to one count of Importation of Methamphetamine; one count of Possession with Intent to Distribute Methamphetamine; and one count of Possessing a Firearm During and in Furtherance of a Drug Trafficking crime.

Melancon received 240 months in prison for each of the drug counts to run concurrently.  He received another 60 months in prison for the firearm charge that will run consecutive to the drug sentences.

“Methamphetamine is a highly addictive, destructive and dangerous drug,” said U.S. Attorney Ashley C. Hoff.  “Our office is proud to work with our partners at DEA in order to hold traffickers accountable and we resolve to rid our communities of this poison.”

“Methamphetamine trafficking and abuse causes terrible harm to our communities,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “DEA will continue to hold meth dealers accountable by having them face justice, shutting down their distribution networks, and seizing their profits.”

The DEA El Paso Division’s Alpine Resident Office investigated the case.

Assistant U.S. Attorney Matthew Ellis prosecuted the case.

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EL PASO – A 36-year-old El Paso man was sentenced to 10 years in prison for attempting to entice a minor, announced U.S. Attorney Ashley C. Hoff. He was further ordered to serve five years of supervised release following completion of his prison term and will be required to register as a sex offender.

According to court documents, on April 24, 2021, Armando Rafael Mascorro, a naturalized U.S. citizen that was born in Mexico and living in El Paso at the time of the offense, communicated with someone he believed to be 14 years old through a popular social media messaging application. During those conversations, Mascorro detailed his intended plans to engage in sexual acts with the child and admitted that he had an attraction to “younger females.” Mascorro later drove to a pre-arranged meeting location to engage in a sexual act with the child, where he was immediately taken into custody as the minor was, in reality, an undercover law enforcement officer.

On October 7, 2021, Mascorro pleaded guilty to one count of attempted enticement of a minor.

“While the internet  can be an important educational tool for our nation’s youth, there are bad actors who corrupt its purpose, attempting to harm and exploit children online,” said U.S. Attorney Ashley C. Hoff.  “These prosecutions are crucial in making the internet safer for children.”

“Thank you to our El Paso Child Exploitation & Human Trafficking Task Force partners who participated in the FBI’s April 2021 sexual coercion and enticement of a minor operation, Operation April Fools,” said FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office.  “Their dedicated mission to protect the children of our community helped us stop an individual who attempted to meet a 14-year-old girl, whom he met via social media, for sex. This case reminds all of us to remain vigilant about our children’s online behavior and social media presence. We encourage parents to speak with their children about the dangers of online predators who use popular apps, games, and websites and to report any suspicious activity to law enforcement.”

The FBI 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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SAN ANTONIO – A San Antonio man was sentenced today to 18 months in prison for a fraud scheme and tax evasion.

According to court documents, from 2007 to 2016, Edward C. Wagner, 60, was the owner and operator of the companies Pharmacogenetics, EcoChem, Leaf 23 and Nutrecs.  Wagner promoted and sought investments in these companies from people in Nevada, Texas and Florida.  However, Wagner never took steps to get any of the ventures off the ground and none of the companies ever did any amount of significant business.  Wagner raised $645,743 from investors and used the money for his own personal use. 

Also, from 2007 through 2010, Wagner accrued a total of $744,186 in unpaid taxes and penalties based on taxable income of $1,410,112.  Wagner intentionally disguised his actual income by hiding his sources, using nominee financial institution accounts, dealing extensively in cash and cashier’s checks, and creating a false loan document.  Wagner also failed to file income tax returns for calendar years 2013 through 2016.

In addition to the prison term, Wagner was ordered to pay $76,733 in restitution for the fraud victims and $1,088,258.03 in restitution to the Internal Revenue Service.  On October 12, 2021, Wagner pleaded guilty to one count of Wire Fraud and one count of Tax Evasion.

“Our office remains firmly committed to identifying and prosecuting those who seek to enrich themselves through fraud, whether through false representations to deprive others of money, evading their fair share of taxes, or, as in this case, both,” said U.S. Attorney Ashley C. Hoff.

“Fraudsters, such as Edward Carl Wagner, who create elaborate investment schemes that have no purpose other than to mislead and deceive others while also trying to hide their ill-gotten gains from the Internal Revenue Service, run the very high risk of prosecution.  No matter what the source of income, even illegal income is taxable!” said Ramsey E. Covington, Special Agent-In-Charge of the Houston Field Office of IRS Criminal Investigation (IRS-CI).  “Today’s sentencing is a reminder to all would be fraud scheme and/or tax evading criminals that you will get caught and you will go to jail.”    

The IRS-CI investigated the case.

Assistant U.S. Attorney William R. Harris prosecuted the case.

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DEL RIO – A Mexican national was sentenced today to 33 months in prison for illegally transporting an unaccompanied child from Mexico.

According to evidence presented at trial, on July 30, 2019, Victor Manuel Monsivais, 67, was apprehended at 1 a.m. in an HEB parking lot in south San Antonio transporting an unaccompanied 8-year-old child from Mexico.  Monsivais intended to give the child back to another person involved in smuggling the child from Mexico into the United States.  Special agents with Homeland Security Investigations (HSI), as well as officers from the San Antonio Police Department, were waiting for Monsivais at the HEB based on investigative intelligence about the intended exchange. 

On August 19, 2021, Monsivais was found guilty by a federal jury in Del Rio of one count of illegal alien transportation in violation of Section 1324 of Title 8 of the United States Code.

“Today’s sentence reflects the unwavering commitment of our office and that of our valued partners as we continue to work together to vigorously enforce federal law and protect our communities,” said U.S. Attorney Ashley C. Hoff. “I am especially thankful for the determined efforts that went into rescuing the minor child in this case.”

“This sentence serves as an appropriate punishment for Monsivais’ role in the smuggling event. Without law enforcement intervention he would have handed over the child to a stranger, potentially exposing the child to significant danger,” said Shane Folden, Special Agent in Charge, HSI San Antonio. “This case is a glaring reminder that human smugglers are driven by greed and have no regard for the health and well-being of their human cargo. HSI is committed to aggressively targeting smuggling organizations and human smugglers who continually victimize people for profit.”

Co-defendants Elida Kassandra Moreno, 28, a United States citizen and Nery Uriostegui-Dominguez, 28, a Mexican national, pleaded guilty to bringing in and harboring aliens and conspiracy to bringing in and harboring aliens.  Moreno was sentenced to 36 months in prison and a $1,000 fine on February 20, 2021.  Uriostegui was sentenced to 18 months in prison on April 1, 2020.

HSI with assistance from the San Antonio Police Department investigated the case.

Assistant U.S. Attorneys Joshua Banister and Holly Pavlinski prosecuted the case.

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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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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 – 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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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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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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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 – 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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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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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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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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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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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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