Western District of Texas

DEL RIO – An Eagle Pass man was arrested yesterday by the FBI in San Antonio on criminal charges related to his alleged role in a bribery scheme.

According to court documents, Fernando Leonel Chacon Jr., 41, allegedly devised a scheme to use his position with the Maverick County Sheriff’s Office to enrich himself by soliciting and accepting bribes of money and other things of value in exchange for removing pending tickets and arrest warrants against citizens.

Chacon is charged by a federal indictment with two counts of wire fraud. If convicted, Chacon faces a maximum penalty of 20 years in prison on each 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 Christopher Combs made the announcement.

Assistant U.S. Attorney Stephen Kam is prosecuting the case. 

The FBI, Texas Rangers and the Eagle Pass Police Department are investigating this case.

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

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AUSTIN – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that Muniz Concrete and Contracting, Inc. (“Muniz Concrete”) and its owner, Jose Juan Muniz, have agreed to pay $188,879.59 to resolve allegations they violated the False Claims Act by falsely certifying their compliance with certain requirements of the Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program.

The DBE program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally assisted highway, transit, airport, and highway safety financial assistance transportation contracts. Only small businesses that are owned and controlled by socially and economically disadvantaged individuals may participate in the program.

The United States alleged that Jose Muniz was no longer “economically disadvantaged” beginning in 2017, when his personal net worth exceeded the threshold to qualify as a DBE. According to the United States, Jose Muniz made several false certifications concerning his personal net worth after 2017 so that Muniz Concrete could obtain federally assisted DBE contracts awarded by the City of Austin and the Capital Metropolitan Transit Authority.

The civil settlement of these allegations includes the resolution of claims brought under the qui tam provisions of the False Claims Act by Mark Williamson. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Williamson v. Muniz Concrete & Contracting, Inc., et al., 1:20-cv-00530-LY (W.D. Tex.).

Assistant U.S. Attorney Thomas Parnham represented the United States in this matter, with the assistance of the Department of Transportation’s Office of Inspector General and the Commercial Litigation Branch of the Department of Justice’s Civil Division.

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 woman was arrested Tuesday on criminal charges related to her alleged involvement in drug distribution.

According to court documents, on October 26, 2021, Bexar County Sheriff’s deputies conducted a traffic stop on a vehicle driven by Karen Lastiri, 31.  After consent to search the vehicle, deputies found approximately 63 kilograms of methamphetamine. 

Lastiri is charged by a criminal complaint with one count of possession with intent to distribute 500 grams or more of methamphetamine. If convicted, Lastiri faces a mandatory minimum penalty of 10 years 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 Drug Enforcement Administration Special Agent in Charge Daniel Comeaux made the announcement.

DEA, along with assistance from the Bexar County Sheriff’s Office, is investigating the case.

Assistant U.S. Attorney Sarah Ella Spears is prosecuting the case.

A criminal complaint is merely an allegation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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ALPINE – A Mexican national was sentenced yesterday to over eight years in prison for illegally entering the United States.

On July 19, 2021, Graciano Moral-Carrillo, aka Franciso Mora-Carillo, 52, of Mexico was found guilty by a federal jury of one count of illegal reentry into the United States.

On March 1, 2021, Moral was arrested by Presidio Border Patrol Agents for being an undocumented citizen present in the U.S.  Evidence presented at trial disclosed Moral was previously deported from the U.S. on seven other occasions.  Further, Moral had numerous other convictions, including three convictions for driving while intoxicated in the Odessa/Midland area; one conviction for resisting arrest; one conviction for assaulting a public servant; three convictions for illegal reentry; and one conviction of possession with intent to distribute marijuana.

In addition to the sentence of 105 months in prison, the defendant also received a sentence of 18 months in prison for violating conditions of supervised release on an underlying case.  The two sentences will run consecutively.

Moral has remained in federal custody since his arrest on March 1. 

“We will continue to be vigilant in protecting our West Texas communities from those who violate federal laws,” said U.S. Attorney Ashley C. Hoff. 

“The men and women of Homeland Security Investigations work tirelessly to identify, arrest and prosecute individuals who violate our nation’s immigration laws with a focus on those who represent a public safety threat to our communities,” said Homeland Security Investigations (HSI) Acting Special in Charge Taekuk Cho. “We will continue working with our law enforcement partners to pursue convicted criminals and other dangerous fugitives.”

HSI with the assistance from the Presidio Border Patrol investigated the case.

Assistant U.S. Attorney Lance L. Kennedy prosecuted the case.

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EL PASO – A federal jury convicted two Sinaloa Cartel members on Friday for their roles in the Sinaloa Cartel’s narcotics distribution operations.

According to court documents and evidence presented at trial, Arturo Shows Urquidi, aka “Chous,” 50, of  Juarez, and Mario Iglesias-Villegas, aka “Dos,” “El 2,” “Delta,” “Parka,” “Grim Reaper,” 36, of Villa Ahumada, were found guilty of  one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO) for their roles as members 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.

Iglesias 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.

Shows 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 being returned to Culiacan, Sinaloa, Mexico.  While he was involved with the Sinaloa Cartel, the Cartel successfully imported thousands of kilograms of cocaine into the United States worth over $1 billion dollars.

Iglesias 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 participation 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.

The Sinaloa Cartel’s criminal activity in the Cuidad 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.

Sentencing for Shows is set for February 10, 2022 and sentencing for Iglesias is set for February 11, 2022.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Drug Enforcement Administration (DEA) Acting Special Agent in Charge Greg Millard; FBI Special Agent in Charge Jeffrey R. Downey; and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division, made the announcement.

The DEA, FBI, and ATF together with the Immigration and Customs Enforcement –Homeland Security Investigations (ICE-HSI), United States Border Patrol, Customs and Border Protection (CBP), 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 are prosecuting 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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Two Texas physicians, Robert Wills and Brannon Frank, have agreed to pay $3.9 million to resolve allegations that they violated the False Claims Act by knowingly billing Medicare, Medicaid and TRICARE for medically unnecessary urine drug testing. 

The settlements with Wills and Frank resolve allegations that the physicians, formerly co-owners of now-defunct Austin Pain Associates located in Austin, Texas, knowingly caused the submission of false claims to federal healthcare programs by ordering excessive and unnecessary urine drug testing for patients without any individualized assessment of clinical need. Starting in 2011, all urine drug tests ordered by Austin Pain Associates’ physicians, including Wills and Frank, were performed at Austin Pain Associates’ in-house laboratory. The United States alleged that Wills and Frank drafted the testing protocols that resulted in unnecessary tests, were aware that the in-house laboratory was conducting an excessive number of tests on urine samples, and that Austin Pain Associates could not remain profitable without the income generated from unnecessary testing. Pursuant to their respective settlement agreements, Wills has agreed to pay $2,100,000 to settle these allegations and Frank has agreed to pay $1,800,000.

“The provision of medical services should be based on a patient’s medical needs, not on a physician’s desire to increase profits,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice is committed to taking appropriate action to safeguard the integrity of federal healthcare programs and the welfare of their beneficiaries.” 

“Physicians who bill taxpayer-funded health programs for expensive and medically unnecessary drug tests increase the cost of healthcare for all of us,” said U.S. Attorney Ashely C. Hoff for the Western District of Texas. “We will continue to vigorously investigate and prosecute allegations of false claims submitted to Medicare, Medicaid, TRICARE and any other government health program.”

“Physicians who perform medically unnecessary and excessive tests exploit patients and taxpayer-funded healthcare programs,” said Special Agent in Charge Miranda Bennett for the Department of Health and Human Services Office of Inspector General (HHS OIG).  “With our law enforcement partners, we will continue to hold accountable individuals who engage in false claims practices.”

"Today's outcome demonstrates the commitment of the Department of Defense Office of the Inspector General, Defense Criminal Investigative Service (DCIS), in coordination with our law enforcement partners to diligently investigate allegations of fraud committed against TRICARE," said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. "We will continue to hold accountable individuals who obtain taxpayer funds through false and fraudulent means."

Medicaid is funded jointly by the states and the federal government. The State of Texas paid for a portion of the Medicaid claims at issue and will receive a total of approximately $260,000 from the settlements with Wills and Frank.        

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jennifer Nuessner and Robert Hoffman, former employees of Austin Pain Associates. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of the resolutions with Frank and Wills, the two whistleblowers will receive a total of approximately $618,000 from the federal share of the settlements. The qui tam case is captioned United States ex rel. Nuessner, et al. v. Austin Pain Associates, LLC, et al., 5:16-CV-1125-FB (W.D. Tex.). 

The resolutions obtained in this matter were the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Texas, HHS OIG and the Defense Criminal Investigative Service. 

The matter was handled by Trial Attorney Jonathan Thrope of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Thomas Parnham for the Western District of Texas.

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

AUSTIN – Today a federal jury convicted a Cedar Park man after he tried to make a Molotov cocktail during an evening protest in Austin on May 30, 2020.

According to court documents and evidence presented at trial, Cyril Lartigue, 27, was caught on videotape manufacturing a destructive device while in a parking lot directly adjacent to the Austin Municipal Court entrance.  While making the device, Lartigue was interrupted by the oncoming presence of Austin Police Department (APD) officers heading in his direction.  Lartigue fled the area, leaving the device behind, but returned within minutes to retrieve it.  APD officers then arrested him inside a nearby portable toilet where he had changed clothes.  Inside his backpack, officers recovered materials used to manufacture an explosive device including beer bottles, a bottle containing lighter fluid, cloth rags, a butane lighter and the clothes he was previously wearing.

Lartigue is scheduled to be sentenced on February 4, 2022.  He faces a maximum penalty of 10 years in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Fred J. Milanowski, Houston Division, made the announcement.

The ATF, Austin Police Department, Austin Fire Department, and the Texas Department of Public Safety investigated this matter.  Assistant U.S. Attorneys Keith Henneke and Gabe Cohen are prosecuting this case on behalf of the government.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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DEL RIO – An Eagle Pass man was sentenced to 360 months in prison today for transporting undocumented noncitizens that resulted in five deaths. 

According to court documents, Jorge Luis Monsivais Jr., 23, was the driver of a Suburban  traveling on FM 2644, carrying 13 undocumented noncitizens when Border Patrol attempted to stop the vehicle.  Monsivais tried to evade law enforcement and eventually crashed the vehicle on Highway 85 outside of Big Wells, ejecting some of the occupants from the vehicle.  Four people died at the scene and another person passed away en route to the hospital.  Other occupants sustained broken necks, hips, and severe head trauma. 

“The deadly outcome in this case is heartbreaking,” said U.S. Attorney Ashley C. Hoff.  “Three hundred and sixty months in prison sends a clear message that those who make their living by unlawfully transporting undocumented noncitizens in the U.S. will be held accountable. Smuggling people is exceedingly dangerous for all involved and for our communities in which these operations are taking place. Our office will continue to work with our law enforcement partners to identify and aggressively prosecute human smugglers.”

“The tragic loss of life in this case is an example of the very real risks people face when they put their lives in the hands of smugglers,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio. “Those responsible for illegally moving people through our country place personal profit ahead of public safety.  Driven by greed, these criminals have little regard for the health and well-being of their human cargo, which can be a deadly combination.”

On May 11, 2021, Monsivais pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; one count of conspiracy to harbor illegal aliens; one count of illegal alien transportation resulting in death; and one count of illegal alien transportation resulting in serious bodily injury.

HSI investigated the case.

Assistant U.S. Attorney Amy Hail prosecuted the case.

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AUSTIN – An Austin man pleaded guilty today to participating in the robbery of a gas station convenience store, which resulted in the shooting of an employee of the business.

According to court documents, on October 7, 2020, at approximately 11 p.m., Deon Ross, 36, along with co-defendant Lavante Carter, 19, of Austin, attempted to rob a Shell gas station on Interstate Highway 35 in Austin.  Both Carter and Ross carried firearms and displayed them to two store employees who were working that night.  After demanding money Ross shot one of the employees.

Ross pleaded guilty to one count of interference with commerce by threats or violence and one count of discharge of a firearm during and in relation to a crime of violence. He is scheduled to be sentenced on December 21, 2021 and faces up to 20 years in prison on the robbery charge and 10 years to life for the firearm charge.  

On October 19, 2021, Carter pleaded guilty to one count of interference with commerce by threats or violence and one count of brandishing a firearm during and in relation to a crime of violence.  Carter is scheduled to be sentenced on December 21, 2021. He faces up to 20 years in prison on the robbery charge and 7 years to life for the firearm 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; FBI Special Agent in Charge Christopher Combs; and Austin Police Chief Joseph Chacon made the announcement.

The FBI and the Austin Police Department are investigating the case.  Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke 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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DEL RIO – A Fort Worth woman was sentenced today to 262 months in prison for her part in a conspiracy to import methamphetamine.

According to court documents, Maria Tello, 39, and Juan Tello, 39, both from Fort Worth, conspired together to import over 34 kilograms of methamphetamine from Mexico. On December 2, 2017, a vehicle stopped at the Del Rio Port of Entry had two compartments loaded with 34.32 kilograms of methamphetamine.  The vehicle was driven to Dallas where it was met by Maria and Juan Tello.  Maria Tello admitted she knew the vehicle was loaded with methamphetamine and that  the drug was to be transported within the Dallas-Fort Worth area for further distribution.

“Methamphetamine is a highly addictive poison that destroys lives and destabilizes our communities,” said U.S. Attorney Ashley C. Hoff.  “We will hold accountable those seeking to distribute it.”

“Today’s sentence sends a clear message to criminal organizations that there are serious consequences for trafficking-controlled substances,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI) San Antonio. “HSI will continue to pursue cross-border conspiracy investigations to target dangerous individuals who threaten the security of the United States.”

On April 26, 2018, Juan Tello pleaded guilty to one count of conspiracy to import methamphetamine.  He was sentenced to 210 months in prison on September 18, 2019.

The HSI investigated the case.

Assistant U.S. Attorneys Sydni Connell and Amy Hail prosecuted the case.

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SAN ANTONIO – A federal grand jury in San Antonio returned an indictment yesterday charging three executives of iCore Global LLC (“iCore”) with fraud.

According to court documents, Samantha L. Mueting, 56, of San Antonio, Josephus De Laat, aka Jos De Laat, 60, of Spicewood and Vodrick L. Perry, 52, of San Antonio are charged with scheming to defraud investors.

As noted in the indictment, Mueting owned and operated iCore and touted the company as being a multi-national commercial real estate provider; De Laat served as iCore’s chief financial officer; and Perry was iCore’s operations manager.  

Together the three are alleged to have conspired to perpetrate a series of frauds upon couples nearing retirement in which the defendants promised to allocate victim funds into a commercial real estate hedge fund, using them instead for their own personal gain.  According to the indictment, they made fraudulent misrepresentations that iCore was a multi-national commercial real estate provider that employed 5,500 local employees and contracted agents across more than 300 worldwide offices, operating in 371 cities, 64 countries and six continents.  The worldwide offices consisted of two registered addresses in the U.S., both of which were mailboxes at a shipping company store. In sum, the defendants are accused of defrauding investors of more than $2.1 million.

Mueting, De Laat and Perry are charged with one count of conspiracy to commit wire fraud.  Mueting and Perry also are charged with one count of conspiracy to commit mail fraud.  In addition, Mueting is charged with seven counts of wire fraud.  The defendants will be scheduled for their initial court appearance later this week before U.S. Magistrate Judge Richard Farrer of the U.S. District Court for the Western District of Texas. If convicted, the defendants face a maximum penalty of 20 years in prison on each charged 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 U.S. Secret Service (USSS) Special Agent in Charge Paul Duran made the announcement.

The USSS is investigating the case.  Assistant U.S. Attorney Matthew W. Kinskey is prosecuting the case.

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

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DEL RIO – A San Antonio man was sentenced this week to 15 years in prison for being a felon in possession of a firearm.

According to court documents, Julio Enrique Rodriguez, 48, was previously convicted and sentenced to prison in 2012 for possession with intent to distribute methamphetamine.  On March 12, 2018, defendant was found in possession of a Baretta 9mm pistol.

On April 11, 2019, defendant pleaded guilty to one count of being a felon in possession of a firearm.

“Working in collaboration with our local and federal law enforcement partners, we are committed to ensuring that felons are not endangering our communities by unlawfully possessing firearms,” said U.S. Attorney Ashley C. Hoff.

“The fifteen-year sentence in this case sends a clear message that the judicial system takes seriously the possession of firearms by convicted felons,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski.  “ATF will continue to aggressively investigate these types of cases and ensure that violators receive justice.”

The ATF investigated the case with assistance from the Del Rio Police Department.  Assistant U.S. Attorneys Amy Hail and Rex Beasley prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence- based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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DEL RIO – A Quemado man was sentenced last week to 235 months in prison for harboring and causing serious bodily injury to an illegal alien.

According to court records, Jorge Estrada-Torres, 33, harbored an illegal alien who he later shot in the abdomen.  On June 1, 2020, Estrada pleaded guilty to one count of conspiracy to harbor illegal aliens resulting in serious bodily injury, one count of harboring illegal aliens resulting in serious bodily injury and one count of felon in possession of a firearm.

“Human smuggling is a dangerous business focused on profits, not people,” said U.S. Attorney Ashley C. Hoff.  “We will proudly stand with our federal, state, and local law enforcement to end this perilous practice and bring human smugglers to justice.”

“This case illustrates the dangerous actions human smugglers are willing to take to ensure personal profit.” said Homeland Security Investigations Special Agent in Charge Shane Folden, San Antonio. “HSI is committed to bringing to justice the criminal organizations that prey on the vulnerable with no regard for the well-being of the people they smuggle.”

HSI investigated the case with assistance from the U.S. Border Patrol, Del Rio Sector and the Maverick County Sheriff’s Office.

Assistant U.S. Attorney James Ward prosecuted the case.

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SAN ANTONIO – A San Antonio man was sentenced today to 15 months in prison for perpetrating a hoax related to COVID-19 in April 2020.

According to court records, a federal jury found Christopher Charles Perez, aka Christopher Robbins, 40, guilty of two counts of 18 U.S.C. § 1038, which criminalizes false information and hoaxes related to biological weapons. 

Evidence presented during trial revealed that Perez posted two threatening messages on Facebook in which he claimed to have paid someone who was infected with COVID-19 to lick items at grocery stores in the San Antonio area to scare people away from visiting the stores.  On April 5, 2020, a screenshot of the initial posting was sent by an online tip to the Southwest Texas Fusion Center (SWTFC), which then contacted the FBI office in San Antonio for further investigation.  The threat was false. Perez did not pay someone to intentionally spread coronavirus at grocery stores, according to investigators and Perez’s own admissions.

In addition to the sentence, Perez was ordered to pay a $1,000 fine. 

“Trying to scare people with the threat of spreading dangerous diseases is no joking matter,” said U.S. Attorney Ashley C. Hoff.  “This office takes seriously threats to harm the community and will prosecute them to the full extent of the law.”

“Those who would threaten to use COVID-19 as a weapon against others will be held accountable for their actions, even if the threat was a hoax,” said FBI San Antonio Division Special Agent in Charge Christopher Combs. “Perez’s actions were knowingly designed to spread fear and panic and today’s sentencing illustrates the seriousness of this crime. The FBI would like to thank our law enforcement partners for their help in this case.”

The FBI’s Joint Terrorism Task Force, along with Weapons of Mass Destruction personnel, conducted this investigation.  Assistant U.S. Attorneys William R. Harris, Kelly Stephenson and Mark Roomberg prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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ALPINE – A Mexican national was sentenced this week to 115 months in federal prison for illegally re-entering the U.S. and to 60 months for transporting illegal aliens in the U.S.

According to court documents, Juan Luis Mendoza-Iturralde, 39, a former Mexican soldier pleaded guilty to one count of transporting illegal aliens and one count of illegal re-entry into the U.S. On March 30, 2021, a Presidio County Sheriff’s Office deputy stopped Mendoza’s vehicle for a traffic violation.  Inside the vehicle were 13 non-citizens.  Mendoza admitted he agreed to drive the group into the U.S. in exchange for $500 once he arrived at the group’s destination.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division, made the announcement.

HSI investigated the case with assistance from the Presidio County Sheriff’s Office.

Assistant U.S. Attorney Lance Kennedy prosecuted the case.

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SAN ANTONIO – Today, 76-year-old Paul Charles Zappe III was sentenced to 60 years in prison for production of child pornography.

According to court documents, the San Antonio resident created photos and videos depicting prepubescent children engaged in sexually explicit conduct.  Some of the media created by Zappe involved Zappe committing a variety of sexual acts on special needs children under the age of 12.

In addition to the prison sentence, Zappe was ordered to forfeit his house, car, electronic equipment and to pay each of the two victims $81,000.

On June 29, 2021, Zappe pleaded guilty to two counts of producing child pornography.

“The defendant’s egregious abuse of two young children targeted for their special needs is abhorrent,” said U.S. Attorney Ashley C. Hoff.  “The defendant preyed upon the most vulnerable in our society for his own sexual gratification.  He violated their trust and that of their parents.  Our communities cannot tolerate these types of child predators and we will continue to prosecute them to the fullest extent of the law.” 

“It is unconscionable that every day, criminals prey upon innocent children by sexually assaulting them and producing child pornography,” said FBI Special Agent in Charge Christopher Combs. “This case is all the more horrific because the subject harmed special needs children. The FBI is committed to finding perpetrators like this one that commit terrible crimes and seeking justice for all who have been victimized.”

The FBI investigated the case with assistance from the Bexar County Sheriff’s Office.

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 Boerne man was sentenced yesterday to 135 months in prison and ordered to pay $7,424,927.10 in restitution for running a Ponzi scheme.

According to court documents, Victor Farias, 48, owned and operated Integrity Aviation & Leasing (IAL).  Farias used IAL to perpetuate a Ponzi scheme resulting in net losses to victims of over $7.4 million.  Farias persuaded victims to invest in IAL by misrepresenting that investors’ funds would be used to purchase aircraft engines and that the aircraft engines would be leased to airlines for profit.  In addition, Farias also told investors he would not pay himself a salary or commission. 

Instead, Farias bought one aircraft engine and sold it shortly thereafter, making no profit for investors.  He used investors’ money to pay himself a salary, commissions, and personal expenses.  He also paid out false investment returns to prior investors and financed the construction of the Fair Oaks Country Store, a convenience store unrelated to the IAL investment.

On January 27, 2021, Farias pleaded guilty to one count of wire fraud.

“Through deception and greed this defendant stole from his victims, some of whom were retired public servants.  He deprived many of these victims of the restful retirement they worked all their lives to achieve,” said U.S. Attorney Ashley C. Hoff.  “We hope the Court’s sentence  provides some measure of justice to the victims and sends a strong message to other fraudsters that their criminal activities will not be tolerated in our community.”

“The defendant betrayed the trust of almost 90 people as he swindled them out of their retirement savings to finance his fraudulent investment scheme and his luxurious lifestyle,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “This case is all the more repugnant because so many of the victims were first responders who had spent their careers putting their lives on the line to protect our community.”

The FBI investigated the case.

Assistant U.S. Attorney Matt Harding prosecuted the case.

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EL PASO – An El Paso man was arrested today on criminal charges related to his alleged involvement in a scheme to defraud his employer.

According to court documents, Ricardo Robles, 40, was employed by a company to negotiate and purchase its supplies.  Instead, Robles created numerous sham companies and, unbeknownst to his employer, arranged for his employer to purchase those supplies from the bogus companies at an inflated price.  Robles is alleged to have then pocketed the profits for his personal use.  

Robles is charged with one count of conspiracy to commit wire fraud and 20 counts of wire fraud. If convicted, Robles faces a maximum penalty of 20 years in prison on each 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 Downey, El Paso Division, made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorney Christopher Mangels 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 – An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).

Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming), and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.

“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”   

“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate, and pursue violations of the IEEPA.”

“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”

“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”

“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”

“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office.  “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”

“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office.  “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”

“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”

On May 7, 2021, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo L.L.C. and Global Merchant L.L.C., located in Dubai, United Arab Emirates.

From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.

At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.

Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.

Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.

In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.

FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case. 

Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.

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An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).

Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming) and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.

“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”

“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate and pursue violations of the IEEPA.”

“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”

“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”

“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”

“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”

On May 7, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo LLC and Global Merchant LLC, located in Dubai, United Arab Emirates.

From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.

At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.

Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.

Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Acting Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.

In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.

FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case. 

Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.

EL PASO – An El Paso businesswoman and her nephew were arrested today on criminal charges for their alleged roles in committing health care fraud.

According to court documents, Zenia Chavez, 45, and Raul Alejandro Fuentes, 23, of El Paso, conspired together to commit health care fraud.  Chavez is the owner and Fuentes is an employee of Nursemind Home Health, Inc. (Nursemind), which provides hospice care services.  The defendants sought out people in boarding homes and senior living facilities for enrollment in a Nursemind hospice program although they did not need hospice care or have a terminal illness.  The defendants then created false and fraudulent medical records for the individuals, forged health personnel signatures, and submitted fraudulent claims to Medicare.  In addition, Chavez is also charged with offering kickbacks for client referrals to Nursemind.

Chavez and Fuentes are charged with one count of conspiracy to commit health care fraud, and 14 counts of health care fraud.  Chavez is also charged with one count of conspiracy for illegal remunerations regarding a federal health care program and 11 counts of illegal remunerations regarding a federal health care program. If convicted, Chavez and Fuentes face a maximum penalty on each of the health care fraud counts of 10 years in prison.  Chavez faces an additional five years in prison on the conspiracy for illegal remunerations charge and 10 years in prison on each of the illegal remuneration counts.  A federal district 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 Downey, El Paso Division; and U.S. Department of Health and Human Services Office of Inspector General (HHS OIG) Special Agent in Charge Miranda Bennett made the announcement.

The FBI and HHS OIG are investigating the case.

Assistant U.S. Attorneys Chris Skillern and Debra Kanof 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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WACO – A Waco man was sentenced today to 20 years in prison for attempting to manufacture methamphetamine.

According to court documents, on September 30, 2020, Joshua David Villalobos, 41, was observed draining liquid methamphetamine from a trailer that was parked in an alleyway behind Proctor Avenue in Waco.  Over nine gallons of liquid methamphetamine base were recovered from the trailer –  enough to produce an estimated 80 pounds of methamphetamine powder.

On May 18, 2021, Villalobos pleaded guilty to attempting to manufacture methamphetamine.  Villalobos has remained in federal custody since his arrest on October 6, 2020.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Waco Police Chief Sheryl D. Victorian made the announcement.

The Waco Police Department Drug Enforcement Unit investigated the case.

Assistant U.S. Attorney Stephanie Smith-Burris prosecuted the case.

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ALPINE – A former Monahans businessman pleaded guilty today to 12 counts of failure to pay withholding taxes.

According to court documents, George Wayne Johnson, 73, of Lawrenceburg, TN, was the owner of Wayne’s Welding Services (WWS) in Monahans.  From 2015 to 2018, WWS withheld tax payments from its employees’ paychecks but failed to pay $1,308,797 in required payroll tax to the Internal Revenue Service (IRS).  Through his company, Johnson spent hundreds of thousands of dollars on his salary and personal expenses.

Johnson faces a maximum penalty on each count of five years in prison. A sentencing date has not been set.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and IRS Special Agent in Charge Richard D. Goss, Houston Division, made the announcement.

The IRS is investigating the case.

Assistant U.S. Attorney Lance Kennedy is prosecuting 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 receiving a bribe by a public official.

According to court documents, Roberto Padilla, 50, an Immigration and Customs Enforcement officer stationed in El Paso was persuaded to reveal law enforcement sensitive information in exchange for a $500 payment to satisfy his drug debt.

The defendant was arrested on August 6, 2021 and is currently on bond.  He is scheduled for an arraignment next week before U.S. Magistrate Judge Robert Castaneda of the U.S. District Court for the Western District of Texas. If convicted, he faces a maximum penalty of 15 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 Downey, El Paso Division; Department of Homeland Security Office of Inspector General Special Agent in Charge Ricardo Hutterer, El Paso Division; and Immigration and Customs Enforcement Office of Professional Responsibility Special Agent in Charge Jennifer Huerta, Central Division, made the announcement.

The FBI; Department of Homeland Security Office of Inspector General; and Immigration and Customs Enforcement Office of Professional Responsibility are investigating the case.

Assistant U.S. Attorney Michael Osterberg 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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AUSTIN – A Manor man was sentenced on Friday to 161 months in prison for robbing a pawn store at gunpoint.

According to court documents, Joe Quinonez Jr., 32, was charged with one count of violating the Hobbs Act or interfering with commerce by threats of violence. On January 2, 2021, Quinonez entered a Cash America Pawn store in Austin and brandished a firearm at two persons in the store while robbing the store of firearms. In addition, Quinonez was charged with discharging a firearm during the robbery.  Quinonez pleaded guilty to the charges on June 15, 2021. 

Quinonez was arrested by officers of the Austin Police Department on January 6, 2021 and has remained in custody since his arrest.

“Violent conduct like the armed robbery in this case will not be tolerated in our community,” said U.S. Attorney Ashley C. Hoff.  “When there is federal jurisdiction, our office will continue to vigorously prosecute such conduct in order to protect the public and bring justice for innocent victims.”

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Houston Division said, “ATF is committed to relentlessly pursuing those that commit violent acts with firearms against our communities.  This criminal was an extremely dangerous trigger puller who will now be in a place where he cannot cause harm to the public. The sentencing shows what can result when federal and local law enforcement work together to tackle crime.”

ATF investigated the case.  Assistant U.S. Attorney Keith Henneke prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most   violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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PECOS – A federal jury convicted a Dallas man last Thursday for possessing methamphetamine.

According to court documents and evidence presented at trial, Oscar Santiago Garcia Sanchez, 32, drove a vehicle with a trailer filled with ceramic art pieces into the Presidio Port of Entry.  During inspection, Customs and Border Protection officers discovered a crystal substance inside the art pieces.  The substance turned out to be 3.4 kilograms of methamphetamine.

Sanchez faces up to life in prison.  His sentencing date has been set for November 23, 2021.  Sanchez has remained in federal custody since his arrest on February 2, 2021.

U.S. Attorney Ashley C. Hoff of the Western District of Texas; Department of Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division; Customs and Border Protection (CBP), Director of Field Operations Hector A. Mancha, Jr.; CBP Presidio Port Director Jesus Chavez; and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division, made the announcement.

The HSI, CBP, and DEA are investigating the case.

Assistant U.S. Attorney Andrew Weber is prosecuting the case.

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SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two Kerrville men and an Ingram man with distribution of narcotics.

According to court documents, Scott Mitchell Brown, 35, and John Henry Swiencki, 51, of Kerrville and David Jeffery Hughes, Jr., 42, of Ingram are all charged with one count of conspiring to distribute hydrocodone, oxycodone and amphetamines.

In addition to the distribution charge, Brown is charged with one count of theft of prescription medications; one count of possession of stolen mail; and one count of obtaining unauthorized health information from the Kerrville Veterans Affairs Medical Center.  Hughes is also charged with one count of being a felon in possession of a firearm. 

Swiencki and Hughes are scheduled to make their initial court appearances today before U.S. Magistrate Judge Henry Bemporad.  Brown is scheduled for an arraignment on September 2, 2021, before U.S. Magistrate Judge Richard Farrer.

If convicted on the distribution charge the defendants face up to 20 years in prison.  Brown faces up to an additional 10 years in prison on the theft of prescription medications charge and 10 years in prison on the obtaining unauthorized health information charge.  He also faces an additional five years in prison for the possession of stolen mail charge.  Hughes faces an additional sentence of up to 10 years in prison for the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Ashley C. Hoff; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Field Office; U.S. Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division; U.S. Department of Veterans Affairs Office of Inspector General (VAOIG) Special Agent in Charge Jeffrey Breen, South Central Field Office; and Kerr County Sheriff L.L. Leitha made today’s announcement.

The DEA, USPIS, VAOIG and the Kerr County Sheriff’s Office are investigating this case.

Assistant U.S. Attorney Priscilla Garcia is prosecuting this case.

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

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EL PASO – Today a Mexican national was sentenced to 10 years in prison for attempting to entice a minor.

According to court documents, Cayetano Lopez, 50, of Mexico, attempted to entice a minor into engaging in sexually explicit conduct via a social media messaging application.  On May 20, 2021, Lopez pleaded guilty to one count of enticement of a minor.  By pleading guilty, Lopez admitted that in July 2020, he engaged in sexually explicit communications with a female he believed to be 13 years old, attempting to entice her into having unlawful sexual intercourse. 

Lopez has remained in federal custody since his arrest on July 19, 2020, when he arrived at a prearranged meeting with the minor, who turned out to be an undercover agent.

“According to new data released by the National Center for Missing and Exploited Children, online enticement of children has increased 97.5% amid the pandemic,” said U.S. Attorney Ashley C. Hoff.  “In response, the US Attorney’s Office, along with our law enforcement partners, has redoubled our efforts to prosecute these very serious cases and keep our children safe while using the internet.”

“I am proud of the work done by FBI El Paso Violent Crimes Against Children personnel to ensure that another child predator was taken off the streets,” said FBI Special Agent in Charge Jeffrey Downey, El Paso Division. “The FBI remains dedicated in the fight to protect our nation’s future by ensuring our children can prosper where individuals like Lopez do not threaten their welfare.”

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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DEL RIO – Today a federal jury convicted a Mexican national for illegally transporting an unaccompanied child from Mexico.

According to court documents and evidence presented at trial, 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 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.  Monsivais was found guilty of one count of illegal alien transportation.

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.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Homeland Security Investigations (HSI) Acting Special Agent in Charge Craig Larrabee, San Antonio Division, made the announcement.

HSI with assistance from the San Antonio Police Department are investigating the case.

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

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PECOS – Today a federal jury convicted a Guam man for aggravated sexual abuse of a minor.

According to court documents and evidence at trial, Damion Edward Cruz-Benavente, 29, was found guilty of one count of aggravated sexual abuse by force; one count of sexual abuse by  threat or fear; and one count of sexual abuse of a minor.  While living in Big Bend National Park beginning in 2015,  the defendant repeatedly sexually assaulted the victim using force and threats, placing the victim in fear.

Defendant has remained in federal custody since his arrest on March 12, 2021.  Cruz faces up to life in prison on both the charges of aggravated sexual abuse by force and sexual abuse by threat or fear.  He faces up to 15 years in prison on the sexual abuse of a minor charge.

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

The FBI and the National Park Services along with assistance from the Killeen Police Department and the Alpine Police Department are investigating the case.

Assistant U.S. Attorneys Lance Kennedy and Tracy Thompson are prosecuting the case.

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

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WACO – A Dallas man was sentenced today to 57 months in prison and ordered to pay $341,520 in restitution for conspiring to commit identity theft.

According to court documents,  Brandon Decorwyn Alexander, 30, unlawfully acquired victims’ credit card numbers to rent vehicles and purchase tires starting in August 2017. Over 15 credit cards involving over 41 different merchants were fraudulently used.  The defendant, along with co-conspirators, would call tire shops in Texas, Louisiana, Arkansas and Oklahoma and order tires using the stolen credit card information.  He would then pick up the tires using vehicles he rented with the fraudulent credit card information.

On November 10, 2020, Alexander pleaded guilty to conspiracy to commit identity theft. 

Eboni Simone Arps, 30, from Waco participated in the scheme.  Arps pleaded guilty to a misprision of a felony on November 9, 2020 and was sentenced to 12 months in prison, one year of supervised release and a $200 fine.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Limestone County Sheriff Murray Agnew made the announcement.

The Limestone County Sheriff’s Office investigated the case.

Assistant U.S. Attorney Gregory Gloff prosecuted the case.

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WACO – An Arkansas man was sentenced today to 24 months in prison and ordered to pay $5,918,446 in restitution for his role in a scheme to defraud TRICARE, a health care program of the U.S. Department of Defense.

According to court documents,  Theodis Lamond Jefferson, 37, a former United States Army Service Member, received more than $5.9 million from January 2015 to June 2015 from pharmacies and groups that provided and marketed compounded medications.  Compounded medications are personalized dosages or formulas normally made for patients who cannot tolerate certain ingredients in commercially manufactured medications.  Jefferson defrauded TRICARE by making and receiving unlawful payments for the prescription of compounded drugs to TRICARE beneficiaries.  Jefferson paid bribes to prescribing physicians and kickbacks to TRICARE beneficiaries, who unlawfully enriched themselves from TRICARE reimbursements for covered compounded drugs.

On December 8, 2020, Jefferson pleaded guilty to one count of receipt of illegal payment and one count of payment of illegal fee. 

“This defendant stole millions of dollars from a government healthcare program that supports our servicemembers and their families,” said U.S. Attorney Ashley C. Hoff. “This sentence sends a strong message that those who use bribes and kickbacks to steal taxpayer dollars from important programs will be identified, investigated and prosecuted.”

“The TRICARE Program is vital to the health and well-being of our warfighters, retirees, and their families,” said Michael Mentavlos, Special Agent-in-Charge of the Department of Defense Inspector General Defense Criminal Investigative Service - Southwest Field Office.  “Today's announcement underpins the steadfast commitment of DCIS and our investigative partners to bring to justice those who look to enrich themselves by jeopardizing the healthcare of our warfighters and defrauding the American taxpayer.”

The U.S. Army Criminal Investigative Division investigated the case.

Assistant U.S. Attorney Gregory Gloff prosecuted the case.

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EL PASO – A federal grand jury in El Paso returned an indictment last week charging an El Paso man with distribution of a controlled substance causing death.

According to court documents, on or about March 11, 2019, Michael Martinez, 30, distributed oxymorphone, also known as numorphan, to another individual who died as a result.

Martinez is charged with one count of distributing oxymorphone causing death and one count of distributing oxymorphone. The defendant’s initial court appearance was held today before U.S. Magistrate Judge Robert Castaneda. If convicted, he faces a mandatory minimum of 20 years to life for distribution of oxymorphone causing death and up to 20 years in prison for distribution of oxymorphone. 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 Special Agent in Charge Kyle Williamson of the Drug Enforcement Administration, El Paso Division made the announcement.

The Drug Enforcement Administration is investigating the case.

Assistant U.S. Attorney Phillip Countryman 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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EL PASO – A former El Paso police officer pleaded guilty today to conspiracy to maintain a drug-involved premise.

According to court documents, Monica Garcia, 24, conspired with Fred Saenz, her stepfather and co-defendant, to use Saenz’s residence to distribute cocaine. Agents determined that Saenz was using his residence and a separate stash location to store and distribute cocaine.  Garcia used her position as an El Paso police officer to provide information that helped Saenz avoid detection by law enforcement while he distributed cocaine.  Her activities included conducting counter-surveillance and running license plate registrations to identify undercover police vehicles near the residence and stash house.

On November 10, 2020, agents seized $14,405 from Saenz’s residence and 1.2 kilograms of cocaine from a stash house he used. During the investigation undercover agents bought quantities of cocaine from Saenz at his residence. 

Garcia pleaded guilty to one count of conspiracy to maintain a drug-involved premise. A sentencing date for Garcia has not been set.  She faces a maximum penalty of 20 years in prison.

On July 26, 2021, Fred Saenz pleaded guilty to one count of conspiracy to possess with intent to distribute over 500 grams of cocaine. A sentencing date has not been scheduled.  Saenz faces a maximum penalty of 40 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 Special Agent in Charge Kyle Williamson of the Drug Enforcement Administration, El Paso Division made the announcement.

The Drug Enforcement Administration and the El Paso Police Department’s Narcotics Unit and Special Investigations Unit are investigating the case.

Assistant U.S. Attorneys Michael Williams and Steven Spitzer are prosecuting this case on behalf of the government.

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Ashley C. Hoff, the United States Attorney for the Western District of Texas, releases this statement on the second anniversary of the mass shooting in an El Paso Walmart that resulted in the deaths of 23 individuals and injured numerous others.

“We remain steadfast in pursuing justice for the victims, their families, the El Paso community, the State of Texas, and our Nation as a whole for the suffering caused by this incomprehensible act of hate. Our thoughts remain with those who have had their lives changed forever as we reflect on the memories of those we have lost.”

EL PASO –Victor Phillips, owner of Cutt Master Barber School, LLC (Cutt Master), has agreed to pay $900,000 to settle allegations that he violated the False Claims Act by falsely submitting claims to the Veteran’s Administration (VA).

Cutt Master is a hair salon and barber shop school doing business in El Paso.  In 2011 the Texas Veterans Commission approved Cutt Master offering veterans and active-duty military members educational courses for reimbursement under the GI Bill.  The VA paid Cutt Master tuition and fees for covered courses.

The government alleged that Cutt Master received payments for claims that did not comply with VA requirements and submitted claims for courses not properly accredited. The government also alleged that Phillips falsely certified that he and Cutt Master complied with VA requirements regarding the appropriate ratio of VA students enrolled in their programs.  Phillips and the government have agreed to resolve the dispute with Phillips paying $900,000.00 to the United States.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Department of Veterans Affairs OIG Special Agent in Charge Jeffrey Breen of the South Central Field Office made the announcement.

The matter was investigated by the Office of Inspector General for the Department of Veterans Affairs.

The claims asserted against the defendants are allegations only; there has been no determination of liability.

Assistant U.S. Attorney Eduardo R. Castillo handled this matter.

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AUSTIN – For a scheme that defrauded the Texas Employees Retirement System, Olumide Bankole Morakinyo, 38, a Nigerian national residing in Canada, was sentenced today to eight years in prison and repayment of $975,863 in restitution to multiple victims for conspiracy to commit money laundering.

“This Defendant’s scheme and those like it victimize our most vulnerable citizens and cost taxpayers billions each year,” said U.S. Attorney Ashley C. Hoff.  “Our office will use all of the available legal tools to identify and bring to justice those who commit cyber-enabled fraud and launder the proceeds.”

According to court documents, Morakinyo conspired with Lukman Shina Aminu, a resident of New Hampshire, to create unauthorized accounts for participants in the Employees Retirement System of Texas (ERS) internet portal.  Personally identifiable information (PII) of various ERS participants was used to make changes to their accounts in the ERS internet portal.   Bank deposit information on file in the system was changed to re-route retirement payments to debit cards controlled by Aminu.  Aminu, who possessed the physical debit cards, would withdraw money under instructions from Morakinyo and then transfer or deposit that money at Morakinyo’s direction.   

The debit cards were also used for cash withdrawals and to purchase money orders for personal expenses and for buying used vehicles to be shipped overseas to Nigeria and Benin for resale.  With these international automobile transactions, Morakinyo and his conspirators laundered the fraud proceeds by concealing the source of the funds and making the money appear to be legitimate income.

“Today’s sentencing of Olumide Morakinyo highlights how seriously IRS Criminal Investigation (IRS CI) and our law enforcement partners take the issue of identity theft,” said IRS CI Special Agent in Charge Richard Goss of the Houston Field Office.  “We will continue to pursue those criminals who prey on innocent victims, stealing their identities to promote tax and other frauds.  This sentencing should send a clear message to would-be criminals, that you will be caught and you will be punished.” 

U.S. District Judge Robert Pitman also ordered that Morakinyo be placed on three years of supervised release after completing his prison term. Aminu, charged in a separate indictment, was sentenced on December 18, 2019, to 51 months in prison.

“I would like to thank the United States Attorney’s Office, IRS CI, and Department of Public Safety’s (DPS) Texas Rangers Public Integrity Unit for their partnership, dedication and hard work on this case,” stated FBI Special Agent in Charge Christopher Combs. “By working together, we were able hold Morakinyo accountable for his role in this fraud scheme, which caused hardship and suffering to victims in Texas and other parts of the United States.”  

The FBI, IRS CI and the DPS Texas Rangers Public Integrity Unit investigated this case.  Assistant U.S. Attorneys Michael Galdo and Neeraj Gupta prosecuted this case on behalf of the government.

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SAN ANTONIO – A San Antonio man was sentenced yesterday to 30 months in prison for being a felon in possession of ammunition.

According to court documents, Charles Allen Scott, 45, threatened a female witness at her residence by waving a firearm in the air and telling her, “I’m about to shoot you in the face” and “It’ll only take a couple of shots to kill you.”  While in his vehicle at the residence, Scott pointed the firearm out of his sunroof and fired once. The San Antonio Police Department (SAPD) responded to the scene afterward and was able to locate a .357 caliber shell casing in the middle of the road in front of the witness’ residence.

Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent the recovered shell casing for testing through the National Integrated Ballistic Information Network (NIBIN). A NIBIN lead notification then linked the shell casing recovered by SAPD to three other shootings in the San Antonio area.

Scott’s criminal history records revealed that he has multiple state felony convictions, including two for aggravated assault with deadly weapon of a non-family member with gun; one for unlawfully carrying a weapon; and two for aggravated assault with a deadly weapon.

On May 11, 2021, Scott pleaded guilty to one count of being a felon in possession of ammunition.

“The prosecution of this case demonstrates our unwavering commitment to the reduction of violent crime and to stopping repeat offenders like Scott from endangering members of the community,” stated U.S. Attorney Ashley C. Hoff. “I am grateful for our partnership with state, local and federal law enforcement agencies as well as the use of NIBIN in our investigations.”

“The sentence in this case sends a clear message to other would-be offenders that ATF and the court take seriously the possession of ammunition by prohibited persons,” stated ATF Special Agent in Charge Fred Milanowski, Houston Division.

ATF investigated the case.  Assistant U.S. Attorney William Calve prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence- based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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EL PASO – Late last Friday, a federal jury found Gilberto Morales guilty on six counts, including one count of conspiracy to possess marijuana; one count of possession 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.

Per the evidence at trial,  Gilberto Morales conspired with others to possess with intent to distribute 1,000 kilograms or more of marijuana beginning around June 1, 2019, and continuing until August 14, 2020.  On August 14, 2020, Morales and another also possessed 100 kilograms or more of marijuana. 

On August 14, 2020, Morales was found to be a felon in possession of approximately 1,833 rounds of assorted ammunition and 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 for that charge.

From June 1, 2019, until August 14, 2020, Morales conspired to transport and harbor aliens and then on August 14, 2020, he harbored aliens.

After the guilty verdict, Morales was taken into custody.  Morales’ sentencing date has not been set. 

U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division made the announcement.

Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives  investigated this case with assistance from the Drug Enforcement Administration and the U.S. Border Patrol.  AUSAs Adrian Gallegos and Spencer Kiggins are prosecuting this case on behalf of the government.

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 Patrol.  The FBI and the Drug Enforcement Administration are also part of the Task Force.  

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SAN ANTONIO – A federal judge today sentenced 63-year-old Michael Dewayne Sheeds to 50 years in federal prison followed by 20 years of supervised release for the production and possession of child pornography.

In addition to the prison term, U.S. District Judge David A. Ezra ordered Sheeds to pay $100,000 in restitution to each of the two victims and pay two $5,000 assessments per the Justice for Victims of Trafficking Act.

Sheeds was arrested in Laredo on January 7, 2019, on an arrest warrant from Bandera County Sheriff’s Office. A Samsung Galaxy phone was seized from him.  A forensic data extraction from the phone showed it contained images and videos depicting the sexual assault of children, including child abuse images and videos Sheeds produced.

“The defendant’s abuse forever altered his victims’ lives and was only discovered when one of them bravely preserved evidence of his horrific conduct,” said U.S. Attorney Ashley C. Hoff.  “I am convinced the action undertaken by this victim prevented additional harm. While the impact to the victims in this case can never be undone, my hope is that the lengthy prison sentence assists in their healing process while serving to further protect our community.”

On January 6, 2020, the Bandera resident pleaded guilty to one count of production of child pornography and one count of possession of child pornography. Sheeds has remained in custody since his arrest on January 7, 2019.

“Today’s sentencing sends a strong message to those who would harm the children of our community,” said FBI Special Agent in Charge Christopher Combs. “For years, the defendant in this case committed despicable and heinous acts. Thanks to the exemplary efforts of the Bandera County Sheriff’s Office, he will finally be held accountable for his actions. The FBI is committed to preventing violent crimes against children and to bring those who harm them to justice. We will continue to work with our law enforcement partners and use every investigative tool to protect the public from acts of violence.”

This investigation was initiated by the Bandera County Sheriff’s Office and then proceeded as a joint investigation with the San Antonio FBI Child Exploitation and Human Trafficking Task Force.  Assistant U.S. Attorney Tracy Thompson prosecuted this 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 the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.  

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PECOS – Yesterday a federal jury in Pecos found Mexican national Graciano Moral-Carrillo, aka Francisco Mora-Carrillo, guilty of one count of illegal entry after seven prior deportations and three prior illegal reentry convictions.

Evidence presented at trial showed that Presidio Border Patrol Agents arrested Moral-Carrillo on March 1, 2021, for being an illegal alien present in the United States. 

Court records also disclosed that Moral-Carrillo had numerous other convictions in the U.S., including three for driving while intoxicated in the Odessa/Midland area; one for resisting arrest; one for assaulting a public servant; and one for possession with intent to distribute marijuana.

Moral-Carrillo has remained in federal custody since his arrest on March 1.  The sentencing date before U.S. District Judge David Counts has not been set.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and Big Bend Sector Chief Patrol Agent Sean L. McGoffin made the announcement.

U.S. Border Patrol investigated this case.  AUSAs Lance Kennedy and Kevin Eaton are prosecuting this case on behalf of the government. 

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ALPINE – Federal prosecutors have secured indictments against 89 defendants this month in cases involving human smuggling, illegal reentry into the U.S., and drug trafficking.

“Our Assistant U.S. Attorneys in Alpine work exceptionally hard to help protect our West Texas border communities from crime occurring in this remote transnational corridor,” said U.S. Attorney Ashley C. Hoff. “The incredible caseload demonstrates our commitment to vigorously enforcing the law alongside our local, state, and federal law enforcement partners.”

Of the 89 defendants charged, two dozen are charged with human smuggling. Sixty-seven are charged with illegally reentering the U.S. after having previously been deported. Some of these defendants have prior convictions in the U.S. for serious offenses, including rape, lewd and lascivious acts with children, transporting firearms, distribution of drugs, human smuggling and domestic violence.

“The serious charges detailed here reflect the significant dangers human and narcotic smugglers place on vulnerable people and communities,” said Big Bend Sector Chief Patrol Agent Sean L. McGoffin. “We have to provide robust consequences for criminals while removing their profits.”

Other indictments involved violations of federal smuggling and drug importation laws.

U.S. v. Javier Jaquez – During a vehicle inspection at the Presidio, Texas Port of Entry on June 11, U.S. Customs and Border Protection (CBP) agents discovered 15.8 kilograms of cocaine in wrapped bundles. The 14 bundles were hidden in an aftermarket compartment spanning the entire front of a pickup driven by Jaquez. Jaquez was charged with one count of possession with intent to distribute cocaine and one count of importation of cocaine. If convicted, he faces up to a minimum of 10 years to life in prison on each count. 

U.S. v. Ernesto Alvarez-Zubia – On June 14, U.S. Border Patrol agents from the Van Horn Border Patrol Station stopped a pickup towing a horse trailer driven by Alvarez-Zubia. Agents discovered 41 undocumented non-citizens (UNCs), including Alvarez-Zubia, in the trailer. All the UNCs are Mexican citizens. Alvarez-Zubia is charged with one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens. If convicted, he faces up to 10 years in prison. Alvarez-Zubia remains in federal custody since his arrest on June 14.  

U.S. v. Marco Antonio Mendoza-Bejarano and Victor Adrian Lujan-Garcia – On June 17, U.S. Border Patrol agents from the Van Horn Border Patrol Station stopped Mendoza-Bejarano driving a truck towing a horse trailer. Lujan-Garcia was in the passenger seat. Agents saw 39 other individuals in the truck and trailer. All 41 individuals are UNCs from the various countries, including Mexico, Peru, Honduras, El Salvador, Guatemala and Ecuador. Both Mendoza-Bejarano and Lujan-Garcia were charged with one count of conspiracy to transport illegal aliens and one count of aiding and abetting the transportation of illegal aliens. If convicted, they face up to 10 years in prison on each of the transportation counts and five years in prison on the aiding and abetting count. Mendoza-Bejarano and Lujan-Garcia remain in federal custody since their arrests on June 17.

U.S. v. Pedro Ramirez-Urbina – On June 27, U.S. Border Patrol agents from the Van Horn Border Patrol Station responded to a call from a concerned citizen about a deceased male found on the side of the road. Agents located the decedent along with another male waiting beside the body. Both UNCs came from Mexico. Approximately an hour later, another concerned citizen alerted U.S. Border Patrol agents to seven males walking north on Chispa Road near Needle Peak.  They were arrested and transported to Van Horn Border Patrol Station for processing where agents determined all UNCs, including the decedent, were all part of a group being smuggled into the U.S. from Mexico. Pedro Ramirez-Urbina was identified as the foot guide in charge of the group and is charged with one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens. If convicted, he faces up to 10 years of in prison on each count. Ramirez-Urbina remains in federal custody since his arrest on June 27.

U.S. v. Stephen Ray Pinson and Pablo Emilio Vinas-Gonzales – On June 21, a Brewster County Sheriff’s Deputy stopped a recreational vehicle (RV) for traffic violations. The RV was driven by Pinson with Vinas-Gonzalez as passenger. During the stop, the deputy identified 48 UNCs in the RV who were citizens of Mexico, Brazil, Peru, Honduras and Ecuador. Pinson and Vinas-Gonzales are charged with one count of conspiracy to transport illegal aliens and one count of transportation of illegal aliens. If convicted, they face up to 10 years in prison on each count. Pinson and Vinas-Gonzales remain in federal custody since their arrests on June 21.

The U.S. Attorney’s Office works closely with Homeland Security Investigations (HSI), the U.S. Border Patrol, and local law enforcement authorities to ensure public safety by prosecuting individuals who violate federal law.

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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MIDLAND – Yesterday in Midland, a federal judge sentenced 52-year-old Adrian Antonio Chavez, an attorney practicing in Odessa, to 24 months imprisonment for being a drug user in possession of a firearm.

In addition to the prison term, U.S. District Judge David Counts ordered Chavez to pay a $10,000 fine.  Judge Counts also ordered that Chavez be placed on supervised release for a period of three years after his prison term. 

According to court records, after receiving information from several sources that Chavez received quantities of methamphetamine, officers from the Odessa Police Department executed a search warrant at Chavez’ residence on February 19, 2021.  During the search, officers recovered a Springfield Armory Hellcat 9mm; a Taurus Brasil 357 Magnum; a Rossi RS22 .22 caliber rifle; a Remington Wingmaster 870TB 12-guage shotgun; and a Remington 770 .30-06 caliber rifle.  Officers also confiscated a quantity of methamphetamine and drug paraphernalia.

On April 15, 2021, Chavez entered a plea of guilty to one count of being a drug user in possession of a firearm before U.S. Magistrate Judge Ronald C. Griffin.

This case was investigated by the Odessa Police Department and the Texas Department of Public Safety.

Assistant U.S. Attorney Glenn Harwood prosecuted this case. 

SAN ANTONIO – A federal judge sentenced 52-year-old Tremont Druval Williams to 10 years of imprisonment for driving while intoxicated (DWI) on Joint Base San Antonio – Fort Sam Houston (JBSA – Ft. Sam).

According to court records, on August 2, 2018, Williams attempted to enter JBSA – Ft. Sam through the outbound lanes of the I-35 Access Control Point on George C. Beach Avenue.  Williams then reversed his vehicle out of the outbound lanes and made a U-turn.  A Senior Airman patrol officer noticed Williams struggling to stay in his lane and saw Williams cross the painted lane divider.  When the patrol officer approached Williams, he noticed Williams was slumped forward in his seat, had slurred incoherent speech and did not know where he was.  After failing field sobriety tasks, Williams was arrested.

Williams had six prior convictions for DWI in his criminal history.  He also has a pending DWI charge in Bexar County.  In addition to the DWIs, Williams had two convictions of assault family violence as well as multiple convictions for possession of cocaine.

On February 4, 2020, Defendant pleaded guilty to one count of driving while intoxicated.

The FBI and the Air Force Security Forces investigated this case.  AUSA Sarah Wannarka prosecuted this case on behalf of the government.

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In Midland today, a federal judge sentenced 45-year-old James Clinton Fletcher, owner of now-defunct San Jan, LLC, to 15 years of imprisonment for defrauding investors out of more than $18 million through various fraudulent schemes.

In addition to the prison term, U.S. District Judge David Counts ordered that Fletcher pay $18,279,111 in restitution to his victims and $1,177,231 in restitution to the IRS.  Judge Counts also ordered that Fletcher be placed on supervised release for a period of three years after his prison term. 

On December 22, 2020, Fletcher pleaded guilty to one count of conspiracy to commit wire fraud and one count of willful failure to pay employee tax withholdings to the IRS following a multi-year extensive investigation by IRS Criminal Investigation and the FBI into Fletcher’s fraudulent schemes.

Fletcher admitted that from March 2015 to January 2018, he schemed to defraud more than two dozen family members, friends and business associates out of more than $18 million.  Fletcher used those fraudulently obtained funds to purchase a home in Odessa valued at over $1 million; a vacation home in an upscale central Texas resort location; and expensive vehicles to include a Range Rover, Mercedes-Benz and a GMC Yukon Denali.  Fletcher also gambled extensively and took frequent trips to Las Vegas using a private plane.  He went on extravagant hunting trips using fraudulently obtained funds.

“Fletcher leveraged his relationships with family, friends and acquaintances to steal their hard-earned money and feed his endless greed,” said U.S. Attorney Ashley C. Hoff.  “The magnitude of the millions in losses was only rivaled by his increased willingness to betray those who placed their trust in him. Working with our law enforcement partners, the U.S. Attorney’s Office will continue to seek justice for victims of financial fraud.”

Fletcher also admitted that for the third quarter in 2016, he failed to report and turn over to the IRS approximately $378,437.54 in employee withholdings.

“Today’s sentencing of James Clinton Fletcher, CEO of San Jan LLC, for both his conspiracy to commit wire fraud and his willful failure to pay over San Jan LLC’s employee withheld payroll taxes is a strong reminder that no matter your position or financial status, white collar financial and tax crimes are always serious offenses,” said Special Agent in Charge Richard Goss of IRS Criminal Investigation’s Houston Field Office.  “And not only does employment tax evasion result in the loss of tax revenue to the U.S. government, it cheats the employees who thought their withheld payroll taxes had been paid over to the IRS for their future Social Security and Medicare benefits.  IRS Criminal Investigation will vigorously pursue anyone at any level who commits financial crimes, including employment tax fraud, for their own personal gain.”

“This outcome is a result of the FBI and its partners’ commitment to investigating financial crimes and other criminal acts thoroughly and completely,” said Acting Special Agent in Charge Britton C. Boyd of the FBI’s El Paso Division.

Assistant U.S. Attorneys Shane A. Chriesman, Monica Daniels and Fidel Esparza III prosecuted this case. 

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SAN ANTONIO – A federal jury today convicted Rick A. Benavides, a 48-year-old Department of Defense information technology contractor, of attempting to entice a child to engage in sexual activity.

According to evidence presented during the three-day trial, in February 2019 Benavides repeatedly requested that the minor send him a photograph of her full body while she showered through multiple online chats, including while at work. During his chat conversations, Benavides described the sexual acts he wanted to engage in with the minor. He also made plans to pick up the minor on Joint Base San Antonio (JBSA)-Lackland, take her to his off-base residence to engage in sexual activity, then return her.

On February 20, 2019, Benavides arrived at Lyons Park on JBSA-Lackland to meet the minor only to discover that the individual he believed he was communicating with was in fact an undercover U.S. Air Force Office of Investigations agent.

U.S. Attorney Ashley C. Hoff made today’s announcement.

Benavides remains in federal custody pending sentencing scheduled for October 20, 2021, before U.S. District Judge Xavier Rodriguez.  He faces from 10 years to life in federal prison.

The U.S. Air Force Office of Special Investigations conducted this investigation.  Assistant U.S. Attorney Bettina Richardson is prosecuting this case.

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

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SAN ANTONIO – Christopher Felix Montoya, a licensed Physician’s Assistant and owner of TPC Family Care and Medical Clinics in San Antonio and Laredo, admitted to defrauding Medicaid, Medicare and TRICARE by fraudulent billing and receiving health care kickbacks.

Appearing before U.S. Magistrate Judge Henry Bemporad this afternoon, Montoya pleaded guilty to one count of conspiracy to defraud the U.S. and to pay and receive health care kickbacks.  Montoya admitted that from September 2018 to June 2019, he enriched himself by performing nasal swabs on patients and then accepting kickbacks for submitting those swabs to a particular laboratory for testing.  Montoya’s Chief Operating Officer, 41-year-old Nancy Almaguer of San Antonio, is charged with one count of conspiracy to defraud the U.S. and to pay and receive health care kickbacks and three counts of soliciting and receiving illegal health care kickbacks.  Jury selection and trial for Almaguer is pending. 

In a separate case, Montoya pleaded guilty on June 15, 2021, to one count of conspiracy to receive health care kickbacks.  Montoya admitted that for five months beginning in February 2015, he received kickbacks to write prescriptions for compounded medication from a California-based pharmacy that had high TRICARE reimbursements.  Based on the evidence, TRICARE was billed $1,884,577.86 for prescriptions Montoya wrote to which TRICARE paid out $797,262.21.

Montoya faces up to 20 years in federal prison.  Sentencing is scheduled for August 23, 2021, before Senior U.S. District Judge David A. Ezra in San Antonio. 

U.S. Attorney Ashley C. Hoff and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division made today’s announcement.

Agents with the FBI, together with the Texas Attorney General’s Medicaid Fraud Control Unit and Defense Criminal Investigative Service, investigated this case.  Assistant U.S. Attorneys Justin Chung and William R. Harris are prosecuting this case.

An indictment is merely a charge and should not be considered as evidence of guilt.  Almaguer is presumed innocent unless proven guilty in a court of law.

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In Austin today, a federal judge sentenced Akhabue Ehis Onoimoimilin, aka “David Harrison,” a 29-year-old Nigerian national residing in Houston, to 87 months of imprisonment for his participation in a money laundering conspiracy that swindled more than $2.2 million from victims using Business Email Compromise (BEC) and romance scams.

In addition to the prison term, U.S. District Judge Robert Pitman ordered that Onoimoimilin pay $865,210.78 in restitution to his victims and be placed on supervised release for two years after his prison term.  Judge Pitman also ordered a money judgment against the defendant in the amount of $50,605 for the proceeds he received from the scheme.

In a BEC scheme, scammers target businesses and individuals making wire transfer payments, especially those with access to company finances. The scammers trick the employees into making wire transfer payments to bank accounts thought to belong to trusted partners - except the money ends up in accounts controlled by the fraudsters. Sometimes the scammers use computer intrusion techniques to alter legitimate payment request emails, changing the recipient bank accounts. Sometimes they send spoofed emails from email addresses similar to the real email accounts used by trusted partners.

In romance scams, conspirators often located outside the U.S. review established online dating sites, targeting victims who appear lonely based upon their profiles.  The fraudsters create fake profiles and exploit the emotional vulnerabilities of the victims.  Once an emotionally dependent relationship is established, the fraudsters create various crises and ruses, such as an emergency medical need that must be paid to allow the conspirator to travel to meet the victim in person and purportedly requiring the immediate transfer of funds.  These schemes are often emotionally and fiscally harmful, as the duration of the “relationship” can span months and years.  They often end only when the victim drains his or her resources and can no longer send funds to the conspirators.

On February 2, 2021, Onoimoimilin pleaded guilty to one count of conspiracy to commit money laundering, admitting that beginning prior to June 2015, he used a fraudulent foreign passport in the name of David Harrison to open bank accounts in Austin and Houston.  Onoimoimilin used these financial accounts to receive, launder and distribute wire transfers to coconspirators illegally receiving proceeds of BEC and romance schemes.  For his efforts, Onoimoimilin collected between 10% and 15% of more than $420,000 in fraudulently obtained funds.

“These morally reprehensible schemes deprive people of their hard-earned money and even their entire life savings and retirement funds, leaving humiliation and financial ruin behind,” said U.S. Attorney Ashley C. Hoff.  “Our office will continue to vigorously prosecute those who conspire to prey on vulnerable victims in this manner.”

“The types of fraud committed by Mr. Onoimoimilin not only have lasting ramifications for the affected victims, but also threaten the integrity of our country’s financial systems,” said Acting Special Agent in Charge Tim Tubbs of the Homeland Security Investigation’s San Antonio Division. “While today’s sentence is a decisive victory for the victims, the overall fight against fraud continues. HSI will do everything in its power to bring other cyber criminals to justice and recover ill-gotten gains for those victimized.”

HSI conducted this investigation.  Assistant U.S. Attorneys Keith Henneke,  Michael C. Galdo and Robert Almonte II prosecuted this case. 

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ALPINE – A federal judge today sentenced 37-year-old Mexican national Jose Miguel Lazarin-Zurita to 60 months in federal prison for attempting to smuggle methamphetamine and a firearm into Mexico earlier this year.

On March 5, 2021, Lazarin-Zurita pleaded guilty to one count of possession with intent to distribute methamphetamine and one count of attempting to export to Mexico a rifle and several firearm-related accessories without a license. 

According to court records, Lazarin-Zurita attempted to cross into Mexico on January 27, 2021, at the U.S. Port of Entry in Presidio.  While inspecting the defendant’s vehicle, U.S. Customs and Border Protection officers discovered two plastic bags hidden in the engine compartment.  One bag contained 26 grams of methamphetamine; the other, 26 grams of cocaine.  Inside the vehicle’s seats, agents found a Kel-Tec PLR-16 rifle, a 60-round capacity drum magazine for 5.56mm ammunition and two empty 30-round 5.56mm magazines.

“This case represents the commitment of our law enforcement partners and our prosecutors to thwart smugglers’ attempts to pedal dangerous narcotics and firearms in and out of the country,” said U.S. Attorney Ashley C. Hoff. “We have and will continue to prosecute these important cases with full force.”

Along with USA Hoff, Erick P. Breitzke, Special Agent in Charge, Homeland Security Investigations (HSI), El Paso Division made today’s announcement.

HSI conducted this investigation.  Assistant U.S. Attorneys Eduardo R. Mendoza and Fidel Esparza III prosecuted this case. 

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EL PASO – A federal jury convicted 59-year-old Travis Wayne Vavra of transporting a minor with intent to engage in criminal sexual activity and of possession of child pornography.

Evidence presented during trial revealed that Vavra 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 which 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.

Vavra remains in federal custody. He faces a mandatory minimum sentence of ten years up to life in federal prison on the transportation of minors charge and up to 20 years in federal prison for the possession of child pornography. A sentencing date has yet to be scheduled.     

U.S. Attorney Ashley C. Hoff and FBI Acting Special Agent in Charge Jeffrey Coburn made today’s announcement.

The FBI investigated and Assistant U.S. Attorneys Sarah Valenzuela and Richard Watts are prosecuting this case.

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

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