Western District of Texas

In San Antonio, a federal grand jury has indicted a Mexican businessman, his wife and two other individuals for a scheme to defraud business investors of $1 million, announced U.S. Attorney Ashley C. Hoff; FBI Special Agent in Charge Christopher Combs, San Antonio Field Office; IRS Criminal Investigation Special Agent in Charge Richard D. Goss, Houston Field Office; and, Texas State Securities Board Commissioner Travis J. Iles. 

A federal grand jury indictment unsealed yesterday charges 45-year-old Juan Enrique Kramer, a Mexican national businessman residing in San Antonio; his 46-year-old wife Adriana Pastor; 41-year-old Noel Olguin of Victoria; and 40-year-old Mexican national Karina Hernandez with one count of conspiracy to commit wire fraud.  The indictment charges Kramer with four counts of wire fraud.  Pastor, Olguin, and Hernandez are each charged with one count of wire fraud.  

The indictment alleges that from December 2015 to January 2019, the defendants conspired to promote a  “turn-key” business venture to Mexican nationals, consisting of a chain of Mexican food restaurants throughout Texas called “Las Quesadillas.”  Olguin and Hernandez marketed the operation to potential buyers and were paid between $20,000 and $25,000 for each contract they secured.  Kramer and Pastor charged buyers a set fee ranging from $105,000 to $250,000, and promised to perform all tasks necessary for establishing a fully functional restaurant, including: finding and renting a suitable location, obtaining all permits, providing assistance in obtaining visas for buyers, completing construction, training employees, and handling all legal fees and incorporation issues. 

The indictment alleges that the defendants took funds from buyers and failed to provide the promised services. Instead, they used the funds for personal gain or to provide partial payments to previous customers who were demanding their money back.  In addition to partial refunds, Kramer would also offer stakes in other businesses as an alternative to repayment.  If buyers refused, the indictment alleges that Kramer and Pastor would threaten to sue them for breach of contract. The indictment alleges that the defendants perpetrated their scheme on at least eight different victims resulting in a total loss of more than $1 million.

Each count upon conviction calls for up to 20 years in federal prison.  FBI agents arrested the defendants on April 9, 2021.  Kramer, Pastor and Hernandez remain in federal custody awaiting their arraignment and detention hearings before U.S. Magistrate Judge Richard B. Farrer, which are scheduled to occur in the next two weeks.   

The FBI, IRS Criminal Investigation and Texas State Securities Board conducted this investigation with assistance from U.S. Immigration and Customs Enforcement.  Assistant U.S. Attorneys Justin Chung and Matthew W. Kinskey are prosecuting this case.  

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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In San Antonio, a federal grand jury indicted a Kingwood man for selling allegedly fraudulent Native American-made goods on the internet, announced U.S. Attorney Ashley C. Hoff; Edward Grace, Assistant Director, U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement; and Meridith Stanton, Director of the Indian Arts and Crafts Board, U.S. Department of the Interior.

A federal grand jury indictment unsealed today charges 58-year-old Kevin Charles Kowalis with four counts of mail fraud and four counts of misrepresentation of Indian goods under the Indian Arts and Crafts Act.  The indictment alleges that from January 23, 2020 to July 15, 2020, Kowalis fraudulently marketed and sold on eBay.com pieces of jewelry he received from a manufacturer in the Philippines unaffiliated with any federally recognized Native American tribe.  The indictment alleges that Kowalis described the items for sale on eBay as “Native American Indian Handmade,” “Zuni,” “Navajo,” and “genuine Indian handcrafted” and received payment for the jewelry using the online payment platform, PayPal.com.  As further alleged in the indictment, once he received payment Kowalis shipped the jewelry to the customer using the U.S. Postal Service including several packages containing counterfeit Native American-style jewelry to a purchaser in San Antonio.

“Native American art fraud is a serious crime that hurts consumers and severely impacts the economic and cultural livelihood of Native American artists, craftspeople and Tribes,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. “Our special agents investigate crimes in violation of the Indian Arts and Crafts Act on behalf of the U.S. Department of the Interior and the Indian Arts and Crafts Board. By working together, we can help protect and preserve Native American art and craftwork for future generations.”

“The Indian Arts and Crafts Board is responsible for the Indian Arts and Crafts Act, which makes it a crime to sell counterfeit Indian art and craftwork.  The Board is committed to protecting the integrity of Indian art.  Texas has a vibrant Indian art market and we want consumers to have confidence that they are purchasing authentic work,” said Director Stanton.  “We strongly commend our colleagues in the U.S. Attorney’s Office for the Western District of Texas.  As a result of their expertise, hard work, and dedication, in concert with the U.S. Fish and Wildlife Service’s Indian Arts and Crafts Act Investigative Unit, this alleged counterfeiter has now been stopped by this key indictment and arrest.  This is a vital step in protecting Indian artists, economies, and culture.”

Upon conviction, Kowalis faces up to 20 years in federal prison for mail fraud and up to five years in federal prison for misrepresentation of Indian goods. 

The USFWS Office of Law Enforcement with assistance from the Indian Arts and Crafts Board, conducted this investigation.  Assistant U.S. Attorney William F. Calve is prosecuting this case.  

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is presumed innocent until proven guilty in a court of law.

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In Del Rio this afternoon, Donald Ray Lockard admitted to stealing over $2 million from the San Felipe Del Rio Consolidated Independent School District, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Field Office. 

Appearing before U.S. District Judge Alia Moses, the 66-year-old Douglasville, Georgia resident pleaded guilty to one count of conspiracy to commit wire fraud.  By pleading guilty, Lockard admitted that while doing business as DL Investments from August 2019 to February 2020, he stole school district funds and used them for his own personal benefit. According to court records, unknown co-conspirators sent fraudulent emails to the school district’s comptroller claiming to be representatives of the financial institution to which the school district made bi-annual bond payments.  Those fraudulent emails resulted in the diversion of the school district’s bond payments to a different financial account established and controlled by Lockard.  Three separate fraudulent wire transfers to Lockard’s account on February 12, 2020, totaled $2,013,762.50. 

During this investigation, federal authorities seized over $1.8 million from the defendant’s bank accounts.  Lockard has agreed to forfeit those funds and pay a monetary judgment for the remaining amount derived from his scheme that was not recovered by the government.

Lockard, who remains on bond, faces up to 20 years in federal prison.  Sentencing has yet to be scheduled. 

The FBI is conducting this ongoing investigation.  Assistant U.S. Attorney Joshua Banister is prosecuting this case.

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In Austin today, a federal judge sentenced 47-year-old Fernando Solis to 151 months in federal prison for possessing thousands of images of child pornography, said U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

In addition to the prison term, U.S. District Judge Lee Yeakel ordered that Solis pay $36,000 in restitution to a dozen known child victims and be placed on supervised release for 10 years after completing his prison term.

On August 25, 2020, Solis pleaded guilty to one count of possession of child pornography.  By pleading guilty, Solis admitted that from 2013 through 2018, he visited internet sites and used various chat applications to obtain child pornography, including live sex shows involving underage minors in the Philippines.  Furthermore, the defendant actively paid for access to child pornography by wiring money over 50 times to the Philippines in amounts ranging from $25 to $100.  A dozen victims submitted Victim Impact Statements to Judge Yeakel in support of their requests for restitution and justice. 

“The sentence imposed reflects our office’s continued commitment in working with our law enforcement partners to identify, investigate and prosecute those who prey upon society’s most vulnerable victims—children,” said U.S. Attorney Hoff.  “The victims’ voices have been heard and some measure of justice for their harm was served today.”

In November 2018, FBI agents executed a search warrant at Solis’s residence in Austin.  During the search, agents seized the defendant’s laptop, iPad and related computer media. A forensics examination revealed that Solis received and made available for distribution more than 1,800 images or videos of child pornography.

According to court records, on May 25, 1995, Solis was convicted of Attempted Sexual Battery of a Victim Under 12 Years of Age in Florida and sentenced to six years imprisonment.

"Every day, children around the world and in our community endure sexual exploitation to satisfy the endless and depraved demand for child sexual abuse material," said FBI Special Agent in Charge Combs.  "The FBI's Child Exploitation Task Force will relentlessly pursue every lead to rescue children who are being victimized and bring their perpetrators to justice.  We would encourage members of the public to help us protect children who are the most vulnerable in our community."

The FBI investigated and Assistant U.S. Attorney Karthik Srinivasan 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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Federal authorities arrested 21 individuals yesterday on federal drug trafficking charges, announced U.S. Attorney Ashley C. Hoff, Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Division and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

Two separate federal grand jury indictments charge those arrested as well as 14 other individuals who were already in custody prior to yesterday(*).

Indictment #1 – U.S. v. Beck, et al.

Karl Beck, age 42 of Austin; Victor Penaloza-Calderon (aka Alberto Espino-Bustos), a 36-year-old Mexican National residing in Houston; Craig Neely, age 45 of Austin; *Bobby Hale, age 34 of Giddings; Michael Peterson, age 38 of Killeen; Elias Loza Jr, age 43 of Austin; Reginald Thomas, age 51 of Kyle; *Stephanie Shires, age 44 of Georgetown; *Stephen Penberg, age 37 of Austin; *Clinton Johnson, age 37 of Austin; *Shawn Malmquist, age 30 of Cedar Park; Amy Rogers, age 39 of Austin; *Cody Richards, age 30 of Liberty Hill; *Anthony Lones II, age 36 of Cedar Park; Victoria Manning, age 33 of Austin; Laurel Yurchick, age 46 of Shreveport, Louisiana; *Richard Zamora, age 44 of Austin; *Adrianne Spence, age 35 of Austin; *Joshua Cherry, age 29 of Austin; Joshua Bailey, age 43 of Austin; Leonard Cantrell, age 34 of Elgin; *Jeffrey Sparks, age 38 of Manor; Daylin Lopez-Iglesias, age 31 of Pasadena; Hallie Shaw, age 36 of Austin; Rita Islas, a 39-year-old Mexican National residing in Nacogdoches; Madison Mitchell, age 19 of Austin; and, *Hilda Gutierrez-Benitez, age 37 of Austin.

The above defendants were indicted by a federal grand jury in Austin and are charged with one count of conspiracy to possess with intent to distribute kilogram quantities of methamphetamine in Texas and elsewhere from August 2019 to March 2021. Beck, Penaloza-Calderon, Neely, Hale, Peterson, Loza and Thomas face between 10 years to life in federal prison upon conviction of the drug charge based on the amount of methamphetamine involved.  The remaining defendants face between five to 40 years in federal prison upon conviction of the drug charge based on the amount of methamphetamine involved.  In addition, Beck, Penaloza-Calderon, Neely, Hale, Zamora, Islas and Mitchell are also charged with one count of money laundering.  They face up to 20 years in federal prison upon conviction of the money laundering charge. 

Prior to yesterday, authorities seized 65 kilograms of methamphetamine and more than $49,000 and other assets attributable to this drug trafficking organization.  Yesterday, authorities seized approximately seven kilograms of methamphetamine, one kilogram of cocaine, a dozen firearms and $20,000 attributable to this organization.

The DEA, FBI, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) in Austin, Cedar Park Police Department, Texas Department of Public Safety, Hays County Sheriff’s Office and the Austin Police Department conducted this investigation. This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. named Operation Glass Joe.  Assistant U.S. Attorney Daniel D. Guess is prosecuting this case.

Indictment #2 – U.S. v. Riggs, et al.

Monty Lane Riggs, age 66 of San Saba; Suni Wynn Rogers, age 39 of Richland Springs; *Dude Edward Beabout, age 63 of Kempner; Joseph Martinez Mafnas, age 28 of Florence; *Ashley Jo Wiggins, age 33 of Killeen; Shawnwilliam Songao Santos, age 48 of Florence; Marylee Manfas Santos, age 48 of Florence; and, Vincent Lee Presto, age 48 of Harker Heights.

Another indictment was handed down by a federal grand jury sitting in Austin, which charged the above defendants with one count of conspiracy to possess with intent to distribute methamphetamine.  The indictment alleges that the defendants conspired since April 2019 to distribute methamphetamine in the central Texas area.

Prior to yesterday, seizures by law enforcement attributed to this drug trafficking organization included  approximately 18 kilograms of methamphetamine and 25 firearms.  During yesterday’s arrests, authorities seized an additional two firearms.

All the defendants face between 10 years and life in federal prison upon conviction.

The DEA, Austin Police Department, Georgetown Police Department, Cedar Park Police Department, Bastrop County Sheriff’s Office, Bell County Sheriff’s Office, Burnet County Sheriff’s Office, Llano County Sheriff’s Office and the District Attorney Offices from the 33rd and 424th Judicial Districts conducted this OCDETF investigation called Operation Island Time.  Assistant U.S. Attorney Mark Marshall is prosecuting this case.

“These arrests conclude a comprehensive investigation by the DEA and our partners into the criminal activities of a dangerous poly drug trafficking organization,” said DEA Special Agent in Charge Comeaux. “With these arrests, key command and control elements of this criminal organization’s leadership have been apprehended and removed from the communities they sought to prey upon.”

“The drugs trafficked by the defendants destroy families, neighborhoods and communities,” said FBI Special Agent in Charge Combs. “The FBI is committed to working with our local, state and federal partners to keep this poison off the streets and holding those who profit from selling it accountable.”

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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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The Department of Justice announced an update today on criminal and civil enforcement efforts to combat COVID-19 related fraud, including schemes targeting the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL) program and Unemployment Insurance (UI) programs.

As of today, the Department of Justice has publicly charged 474 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. These cases involve attempts to obtain over $569 million from the U.S. government and unsuspecting individuals through fraud and have been brought in 56 federal districts around the country. These cases reflect a degree of reach, coordination, and expertise that is critical for enforcement efforts against COVID-19 related fraud to have a meaningful impact and is also emblematic of the Justice Department’s response to criminal wrongdoing.

The United States Attorney's Office for the Western District of Texas is actively participating in the Department of Justice's efforts to hold accountable those who have illegally lined their pockets during the COVID-19 pandemic.   This office has utilized all available legal authorities to stop coronavirus related fraud schemes, including civil injunctions to stop ongoing frauds, and criminal indictments to bring to justice those who have taken advantage of the pandemic to victimize their fellow citizens.  We will continue to devote resources to addressing this abhorrent behavior, and anyone engaged in these kinds of schemes can expect to see continuing, robust criminal and civil enforcement action.

“The Department of Justice has led an historic enforcement initiative to detect and disrupt COVID-19 related fraud schemes,” said Attorney General Merrick B. Garland. “The impact of the department’s work to date sends a clear and unmistakable message to those who would exploit a national emergency to steal taxpayer-funded resources from vulnerable individuals and small businesses. We are committed to protecting the American people and the integrity of the critical lifelines provided for them by Congress, and we will continue to respond to this challenge.”

“To anyone thinking of using the global pandemic as an opportunity to scam and steal from hardworking Americans, my advice is simple – don’t,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “No matter where you are or who you are, we will find you and prosecute you to the fullest extent of the law.”

“We will not allow American citizens or the critical benefits programs that have been created to assist them to be preyed upon by those seeking to take advantage of this national emergency,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We are proud to work with our law enforcement partners to hold wrongdoers accountable and to safeguard taxpayer funds.” 

“On the anniversary of the CARES Act, the U.S. Attorney’s Office for the Western District of Texas renews its commitment to pursue the fraudsters who steal from a system designed to provide help to deserving individuals and businesses suffering from the effects of the COVID-19 pandemic,” said U.S. Attorney Ashley C. Hoff.  “Working closely with IRS Criminal Investigation and our other law enforcement partners, we will redouble our efforts to identify and vigorously prosecute anyone committing fraud in relation to the CARES Act financial benefit programs.”

In March 2020, Congress passed a $2.2 trillion economic relief bill known as the Coronavirus Aid, Relief, and Economic Security (CARES) Act designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. Anticipating the need to protect the integrity of these taxpayer funds and to otherwise protect Americans from fraud related to the COVID-19 pandemic, the Department of Justice immediately stood up multiple efforts dedicated to identifying, investigating, and prosecuting such fraud. Leveraging data analysis capabilities and partnerships developed through its vast experience combatting economic crime and fraud on government programs, the Justice Department’s response to COVID-19 related fraud serves as a model for proactive, high-impact white-collar enforcement, and demonstrates our agility in responding to new and emerging threats. This rapid and nationwide response enabled the Justice Department to quickly ensure accountability for wrongdoing amid a national crisis and sent a forceful message of deterrence during an ongoing crisis. The multifaceted and multi-district approach to enforcement during this national health emergency continues and is expected to yield numerous additional criminal and civil enforcement actions in the coming months.

On criminal matters, the Justice Department’s efforts to combat COVID-19 related fraud schemes have proceeded on numerous fronts, including:

• Paycheck Protection Program (PPP) fraud: Prominent among the department’s efforts have been cases brought by the Criminal Division’s Fraud Section involving at least 120 defendants charged with PPP fraud. The cases involve a range of conduct, from individual business owners who have inflated their payroll expenses to obtain larger loans than they otherwise would have qualified for, to serial fraudsters who revived dormant corporations and purchased shell companies with no actual operations to apply for multiple loans falsely stating they had significant payroll, to organized criminal networks submitting identical loan applications and supporting documents under the names of different companies. Most charged defendants have misappropriated loan proceeds for prohibited purposes, such as the purchase of houses, cars, jewelry, and other luxury items. In one case, U.S. v. Dinesh Sah, in the Northern District of Texas, the defendant applied for 15 different PPP loans to eight different lenders, using 11 different companies, seeking a total of $24.8 million. The defendant obtained approximately $17.3 million and used the proceeds to purchase multiple homes, jewelry, and luxury vehicles. In another case, U.S. v. Richard Ayvazyan, et al., in the Central District of California, eight defendants applied for 142 PPP and EIDL loans seeking over $21 million using stolen and fictitious identities and sham companies, and laundered the proceeds through a web of bank accounts to purchase real estate, securities, and jewelry.
• Economic Injury Disaster Loans (EIDL) fraud: The department has also focused on fraud against the EIDL program, which was designed to provide loans to small businesses, agricultural and non-profit entities. Fraudsters have targeted the program by applying for EIDL advances and loans on behalf of ineligible newly-created, shell, or non-existent businesses, and diverting the funds for illegal purposes. The department has responded, primarily through the efforts of the U.S. Attorney's Office for the District of Colorado and their partners at the U.S. Secret Service, acting swiftly to seize loan proceeds from fraudulent applications, with $580 million seized to date and seizures ongoing. The EIDL Fraud Task Force in Colorado, comprised of personnel from five federal law enforcement agencies and federal prosecutors, is investigating a broad swath of allegedly fraudulently loans and their applicants. It is working to identify individual wrongdoers and networks of fraudsters appropriate for prosecution.
• Unemployment Insurance (UI) fraud: Due to the COVID-19 pandemic, more than $860 billion in federal funds has been appropriated for UI benefits through September 2021. Early investigation and analysis indicate that international organized criminal groups have targeted these funds by using stolen identities to file for UI benefits. Domestic fraudsters, ranging from identity thieves to prison inmates, have also committed UI fraud. In response, the department established the National Unemployment Insurance Fraud Task Force, a prosecutor-led multi-agency task force with representatives from more than eight different federal law enforcement agencies. Additionally, the department is hiring Assistant U.S. Attorneys in multiple U.S. Attorney’s Offices whose focus will be UI fraud prosecutions. Since the start of the pandemic, over 140 defendants have been charged and arrested for federal offenses related to UI fraud. In one case, U.S. v. Leelynn Danielle Chytka, in the Western District of Virginia, a defendant recently pleaded guilty for her role in a scheme that successfully stole more than $499,000 in UI benefits using the identities of individuals ineligible for UI, including a number of prisoners.

Through the department’s International Computer Hacking and Intellectual Property (ICHIP) program, ICHIP advisors have provided assistance and case-based mentoring to foreign counterparts around the globe to help detect, investigate and prosecute fraud related to the pandemic. The ICHIPs have helped counterparts combat cyber-enabled crime (e.g., online fraud) and intellectual property crime, including fraudulent and mislabeled COVID-19 treatments and sales of counterfeit pharmaceuticals. ICHIPs conducted webinars for foreign prosecutors and law enforcement in Asia, Africa, Europe, and South America on how to take down fraudulent COVID-19 websites. These webinars addressed methods for finding the registrar for a particular domain and requesting a voluntary takedown as well as the U.S. legal processes necessary for obtaining a court order that would bind a U.S. registrar. This has resulted in the take down of multiple online COVID-19 scams and significant seizures of counterfeit medicines and medical supplies such as masks, gloves, hand sanitizers and other illicit goods.

The department has also brought actions to combat coronavirus-related fraud schemes targeting American consumers. With scammers around the world attempting to sell fake and unlawful cures, treatments, and personal protective equipment, the department has brought dozens of civil and criminal enforcement actions to safeguard Americans’ health and economic security. The department has prosecuted or secured civil injunctions against dozens of defendants who sold products — including industrial bleach, ozone gas, vitamin supplements, and colloidal silver ointments — using false or unapproved claims about the products’ abilities to prevent or treat COVID-19 infections. The department has also worked to shutter hundreds of fraudulent websites that were facilitating consumer scams, and it has taken scores of actions to disrupt financial networks supporting such scams. The department is also coordinating with numerous agency partners to prevent and deter vaccine-related fraud.

The department is also using numerous civil tools to address fraud in connection with CARES Act programs. For example, in the Eastern District of California, the department obtained the first civil settlement for fraud involving the Paycheck Protection Program, resolving civil claims under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and the False Claims Act (FCA) against an internet retail company and its president and chief executive officer arising from false statements to federally insured banks to influence those banks to approve, and the SBA to guarantee, a PPP loan. FIRREA allows the government to impose civil penalties for violations of enumerated federal criminal statutes, including those that affect federally-insured financial institutions. The FCA is the government’s primary civil tool to redress false claims for federal funds and property involving a multitude of government operations and functions. The FCA permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. Such whistleblower complaints have been on the rise as unscrupulous actors take advantage of vulnerabilities created by the COVID-19 pandemic and the new government programs disbursing federal relief, and whistleblower cases will continue to be an essential source of new leads to help root out the misuse and abuse of taxpayer funds.

Indictments and other criminal charges referenced above are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.   

The unprecedented pace and tempo of these efforts is made possible only through the diligent work of a wide range of Justice Department partners, including the Criminal Division’s Fraud Section and Money Laundering and Asset Recovery Section, the Civil Division’s Commercial Litigation Branch (Fraud Section) and Consumer Protection Branch, U.S. Attorneys’ Offices throughout the country, and law enforcement partners from the FBI, Department of Labor Office of Inspector General, U.S. Secret Service, IRS-Criminal Investigation, Defense Criminal Investigative Service, Homeland Security Investigations, U.S. Postal Inspection Service, the Offices of Inspectors General from the Small Business Administration, Department of Homeland Security, Social Security Administration, Federal Deposit Insurance Corporation, Department of Health and Human Services, Department of Veterans Affairs, Federal Housing Finance Agency and Federal Reserve Board, Food and Drug Administration’s Office of Criminal Investigations, Treasury Inspector General for Tax Administration, Financial Crimes Enforcement Network,  Special Inspector General for Pandemic Relief, Pandemic Response Accountability Committee, OCDETF Fusion Center and OCDETF’s International Organized Crime Intelligence and Operations Center. 

To learn more about the department’s COVID response, visit: https://www.justice.gov/coronavirus. For further information on the Criminal Division’s enforcement efforts on PPP fraud, including court documents from significant cases, visit the following website: https://www.justice.gov/criminal-fraud/ppp-fraud. For further information on the Civil Division’s enforcement efforts, visit the following website: https://www.justice.gov/civil.

To report a COVID-19-related fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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In Del Rio, a federal grand jury returned an indictment charging two Austinites for their alleged roles in transporting illegal aliens from Del Rio to Austin resulting in the death of an illegal alien, announced U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.

The four-count indictment returned yesterday afternoon charges 18-year-old Bianca Michelle Trujillo-Lopez and 28-year-old Isidro Rodriguez Jr. with one count of conspiracy to transport illegal aliens resulting in death; one count of transporting an illegal alien resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; and one count of transporting an illegal alien resulting in serious bodily injury.

Court records allege that on March 4, 2021, the defendants were traveling on FM 2523 near Del Rio when a Texas Department of Public Safety trooper attempted to stop them for speeding.  The driver, Trujillo-Lopez, tried to outrun the trooper, at times reaching speeds over 120 miles per hour.  She ultimately lost control of her vehicle and rolled it multiple times after missing a curve on the road.  One illegal alien died after being ejected from the vehicle during the rollover.  Two illegal aliens were transported to San Antonio area hospitals with multiple injuries.  Another illegal alien sustained minor injuries. 

The defendants face up to life in federal prison upon conviction of charges alleging death as a result and up to 20 years in federal prison upon conviction of charges alleging serious bodily injury as a result.  On Monday, U.S. Magistrate Judge Collis White ordered that Rodriguez remain in federal custody pending trial.  Trujillo-Lopez remains in federal custody pending a detention hearing scheduled for tomorrow morning before Judge White in Del Rio.

HSI, together with the Texas Department of Public Safety, conducted this investigation.  Assistant U.S. Attorney Stephen Kam is prosecuting this case.

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are considered innocent until proven guilty in a court of law.

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In Austin, a federal judge sentenced 50-year-old Nicky Osborne, a former Pflugerville trucking company Chief Financial Officer, to 46 months in federal prison and to pay more than $8 million in restitution for a fraud and tax evasion scheme, announced U.S. Attorney Ashley C. Hoff; Special Agent in Charge Richard D. Goss, Internal Revenue Service Criminal Investigation (IRS CI), Houston Field Office; and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

In addition to the 46-month prison term handed down yesterday afternoon, U.S. District Judge Robert Pitman ordered Osborne to pay $7,479,179.39 in restitution to ProBilling and Fund Service of Alabama and $596,425 in restitution to the IRS.  Judge Pitman also ordered that Osborne be placed on supervised release for a period of five years after completing her prison term. 

On February 25, 2020, Osborne pleaded guilty to one count of wire fraud and one count of making a false statement on an income tax return.  By pleading guilty, Osborne admitted that while employed at Bison Global Logistics of Pflugerville between 2012 and 2017, she schemed to submit false and inflated receivables to financing companies.  Osborne also earned a substantial income at Bison and failed to report commissions from her fraud scheme as income.

“The role of IRS Criminal Investigation becomes even more important in investigating wire fraud schemes due to the complex financial transactions that can take time to unravel,” said  IRS CI Special Agent in Charge Goss.  “Additionally, federal tax laws are also typically violated in these types of cases which can add to additional jail time. IRS CI Special Agents are skilled at investigating all types of tax and related financial crimes and this sentencing is a testament to that hard work and commitment.”

“The FBI is committed to fight fraud at every level. This case is the result of patient, detail-oriented, hard work. I'd like to thank our dedicated team as well as our IRS partners for their continued support to the FBI mission,” said FBI Special Agent in Charge Combs.

The IRS CI and FBI investigated this case. Assistant U.S. Attorney Michelle Fernald prosecuted this case.

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Today, U.S. Magistrate Judge David Fannin unsealed an information charging two prison guards with smuggling cell phones and other contraband to a Reeves County Detention Center (RCDC) inmate, announced U.S. Attorney Ashley C. Hoff and Department of Justice Office of Inspector General (DOJ-OIG) Special Agent in Charge Cloey Pierce, Houston Division. 

The information unsealed today charges El Paso residents Eduardo Garcia, age 19, and Armando Valdivia, age 22, with one count of providing contraband in prison.  The information alleges that from August 2020 to September 2020, the RCDC guards smuggled multiple cell phones to an inmate inside the prison facility.

The defendants, who were arrested yesterday by DOJ-OIG agents, face up to one year in federal prison and a maximum $100,000 fine upon conviction.  During the initial appearance today, Judge Fannin set a personal recognizance bond for Garcia.  Garcia is scheduled for a preliminary hearing on March 24, 2021.  Valdivia remains in custody and is scheduled for a detention and preliminary hearing on March 22, 2021.

DOJ-OIG investigated this case.  Assistant U.S. Attorney Kevin Eaton is prosecuting this case.

An information is merely a charge and should not be considered as evidence of guilt.  Defendants are presumed innocent until proven guilty in a court of law.

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Twelve San Antonio residents face federal drug trafficking charges, announced U.S. Attorney Ashley C. Hoff and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Division.

A federal grand jury indictment unsealed today charges the following defendants with conspiracy to possess with intent to distribute a controlled substance:

Francisco Garza aka “Pancho,” 52, of San Antonio;  Joe Angel Villarreal aka “Compadre,” 55, of San Antonio; Frank Zepeda aka “Pancho,” 51, of San Antonio; Jose Tabares, 53, of San Antonio; Matthew Villa, 51, of San Antonio; Michelle Zamarripa, 59, of San Antonio; Jacqueline Alvarez, 57, of San Antonio; Rodger Hernandez aka “Rocky,” 43, of San Antonio; Jay Haggard, 34, of San Antonio; Oscar Heredia, 37, of San Antonio;   Jason Gutierrez aka “Big Mac,” 37, of San Antonio; and
Jacob Sanchez, 21, of San Antonio.

The indictment alleges that the defendants conspired in 2020 to distribute methamphetamine and cocaine.  The indictment also charges Haggard with one count of being a felon in possession of a firearm, namely a Taurus semi-automatic pistol on August 28, 2020.  According to court records, Haggard was convicted in 2006 and sentenced to four years imprisonment for aggravated robbery in Bexar County.

Yesterday, federal, state and local authorities arrested nine defendants.  Hernandez, Haggard and Heredia were already in custody.  During today’s arrests authorities seized approximately two kilograms of cocaine, over 30 pounds of hydroponic marijuana, methamphetamine, three handguns and approximately $235,000.  Prior to today, authorities seized approximately 21 kilograms of cocaine, 100 kilograms of methamphetamine, a firearm and approximately $124,000 along with other assets attributable to this organization.

“The arrests made yesterday in San Antonio conclude a comprehensive investigation by the DEA along with our law enforcement partners into the criminal activities of a drug trafficking organization, who were responsible for transporting and distributing methamphetamine and cocaine into our communities,” said DEA Special Agent in Charge Comeaux.  “Nothing is more important than the safety and security of our citizens.  The DEA will continue to relentlessly pursue any individual or organization that threatens the well-being and stability of our communities.” 

All the defendants, excepting Gutierrez, face between 10 years and life in federal prison upon conviction of conspiracy to possess a controlled substance with intent to distribute.  Gutierrez faces between five and 40 years upon conviction.  Haggard faces up to 10 years in federal prison upon conviction of being a felon in possession of a firearm.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

DEA, San Antonio Police Department, Texas Department of Public Safety Criminal Investigation Division, U.S. Marshals Service, Bexar County Sheriff’s Office, U.S. Customs and Border Protection, Internal Revenue Service Criminal Investigation and Kendall County Sheriff’s Office  conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Dirty Confidential.  

The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operationsprimarily responsible for the nation’s illegal drug supply.

In San Antonio today, 19-year-old Iron Youth member and Smiley resident Caleb Nathaniel Oliver pleaded guilty to illegally possessing a machine gun, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

By pleading guilty, Oliver admitted that he purchased a fully automatic machine gun from an undercover officer for $1,000 on February 5, 2021.   Court documents reflect that Oliver is a member of the group called Iron Youth, a racially motivated violent extremist group that advocates violence in the furtherance of its objectives.  Beginning in September 2020, Oliver had several meetings with undercover officers to discuss the purchase of the machine gun. 

Oliver, who faces up to 10 years in federal prison was released on bond.  Sentencing is scheduled for June 14, 2021, before U.S. District Judge David A. Ezra. 

The FBI conducted this investigation with assistance from the Wilson County Sheriff’s Office, Gonzales County Sheriff’s Office and Texas Rangers.  Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case. 

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In Del Rio yesterday, a federal judge sentenced Houston resident Michael Dewayne Dennis, aka Michael Spiller, to 18 years in federal prison for leading a conspiracy that distributed over 11,000 kilograms of marijuana throughout the country, announced U.S. Attorney Ashley C. Hoff; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and Drug Enforcement Administration Special Agent in Charge Daniel C. Comeaux, Houston Division.

In addition to the prison term, U.S. District Judge Alia Moses ordered Dennis, 38, to pay a $2,500 fine and be placed on supervised release for a period of five years after completing his prison term.  Judge Moses also granted the government’s motion to forfeit the defendant’s interest in the following property:  $197,313 in seized currency, two real properties in Houston, and 19 firearms.  Judge Moses further ordered a $7.2 million money judgment against the defendant for proceeds derived from his criminal conduct.

On September 12, 2019, a federal jury convicted Dennis of one count of conspiracy to possess with intent to distribute marijuana.  According to evidence presented during trial, Dennis led a marijuana trafficking conspiracy from at least July 2014 to June 2018.  During this time Dennis and his co-conspirators brought marijuana into the U.S. from Mexico and transported the marijuana to Dennis’ compound in Houston where it was packaged for sale and distribution.  One of the smuggling methods involved illegal aliens carrying loads of marijuana on their backs to pick-up locations near Del Rio.  After the marijuana was dropped off, drivers transported the marijuana to Houston.  Over the course of the conspiracy, Dennis facilitated the distribution of at least 11,194 kilograms of marijuana.

“This sentence identifies how HSI works to investigate the infrastructure of a criminal enterprise,” said HSI Deputy Special Agent in Charge, Craig Larrabee. “When organizations accumulate assets from illicit activities, HSI and law enforcement partners will work to dismantle the organization and target those assets.  This lasting effect helps to better protect our communities.”

On July 11, 2018, HSI and DEA agents, with assistance from the Houston Police Department, arrested Dennis following a stand-off with law enforcement.  During the stand-off, Dennis brandished a firearm and was shot.   He has since remained in federal custody.

“The prosecution and sentencing of Michael Dennis sends a clear message to all who engage in the distribution of illegal drugs,” stated DEA Special Agent in Charge Daniel C. Comeaux.  “DEA and our partners will continue to work together to see that anyone involved in this illicit trade will be brought to justice.”

HSI, DEA and U.S. Border Patrol conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Bale Out Boys.  Assistant U.S. Attorneys Amy Hail, John Kennedy and Antonio Franco prosecuted this case on behalf of the government.

The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations of those primarily responsible for the nation’s illegal drug supply.

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A federal judge in San Antonio yesterday sentenced 40-year-old Clarence McFarland to 37 months in federal prison followed by three years of supervised release for fraudulent purchases of .50 caliber rifles, announced U.S. Attorney Ashley C. Hoff, Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division and Special Agent in Charge Fred Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Houston Division. 

On October 1, 2020, the San Antonio resident pleaded guilty to one count of conspiracy to make a false statement during the purchase of a firearm.  According to court records, McFarland purchased and recruited others to purchase .50 caliber semi-automatic rifles from local firearms dealers in 2017 and 2018. McFarland provided the funds to purchase the rifles and paid others to fill out the Form 4473s purporting to be the actual buyers of those firearms. McFarland admitted to federal agents that he helped acquire eight .50 caliber rifles for another person.  In 2018 three rifles were recovered in Mexico that were traced back to McFarland and his straw purchasers.

“This sentence is yet another example of the commitment we have made with our partners to relentlessly pursue those who violate federal firearms laws in order to traffic dangerous weapons within our communities and across the border,” said U.S. Attorney Hoff.

“By putting weapons smugglers behind bars, it allows law enforcement to cut the supply of firearms before they fall into the hands of the drug cartels who pose a threat both here and abroad,” said HSI Deputy Special Agent in Charge Larrabee. “HSI will continue working with our federal law enforcement partners both domestic and international in this effort.”

“Stemming the flow of Illegally obtained guns that are then trafficked across the border and used in violent criminal activity remains at the core of the ATF mission,” said ATF Special Agent in Charge Milanowski.

HSI and ATF investigated this case. 

This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.

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In Del Rio today, federal authorities filed a criminal complaint charging 24-year-old Austin resident Sebastian Tovar with transporting illegal aliens resulting in death, announced U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.

The federal criminal complaint alleges that on March 15, 2021, Tovar was traveling in a maroon pickup truck on FM 2523 near Del Rio when a Texas Department of Public Safety trooper attempted to stop him for speeding.  Tovar failed to stop and a pursuit ensued.  Tovar led the trooper on a chase for approximately 50 miles, at times reaching speeds over 100 miles per hour.  Traveling north into the southbound lane on Highway 277, Tovar collided with another vehicle head-on, resulting in the death of eight illegal aliens that had been in Tovar’s pickup truck.  The driver and passenger of the vehicle into which Tovar collided are hospitalized and in stable condition.

Furthermore, the complaint alleges that following the crash, Border Patrol agents on the scene encountered a beige pickup truck stopped in traffic on Highway 277 near the crash site.  While agents were directing traffic,  multiple occupants jumped out of the beige pickup and fled the scene.  Agents subsequently apprehended twelve illegal aliens who fled that truck.  Two of the illegal aliens, both Mexican citizens, confirmed they were part of a failed human smuggling attempt in which the group illegally crossed into the U.S. and were divided between the maroon and beige pickup trucks for transport purposes.

Tovar, who remains in federal custody, faces up to life in federal prison upon conviction. 

HSI and the Texas Department of Public Safety, with the assistance of the U.S. Border Patrol, are conducting this ongoing investigation.  Assistant U.S. Attorney Joshua Banister is prosecuting this case.

A criminal complaint is merely a charge and should not be considered as evidence of guilt.  The defendant is considered innocent until proven guilty in a court of law.

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El Paso businessman, 59-year-old Victor Manuel Gonzalez, sole proprietor of the now-closed Tax Preparation Service, allegedly underreported his income on personal tax returns causing a tax loss of over $100,000, announced U.S. Attorney Ashley C. Hoff and Special Agent in Charge Richard D. Goss, Internal Revenue Service Criminal Investigation (IRSCI), Houston Field Office.

A federal grand jury indictment unsealed last week charges Gonzalez with three counts of filing a false federal income tax return. The indictment alleges that Gonzalez filed fraudulent returns for three years.  Gonzalez claimed his income was $17,462, $18,450 and $25,328 for tax years 2014, 2015 and 2016, respectively. Court testimony today revealed that Gonzalez actually earned over $350,000 during that period. In addition to underreporting his yearly income, Gonzalez applied for and improperly received funds through the Earned Income Tax Credit (EITC). EITC is a refundable tax credit for low to moderate income workers.   

Federal authorities arrested Gonzalez on March 3, 2021.  During Gonzalez’s detention hearing this morning, U.S. Magistrate Judge Anne T. Berton set bond at $25,000. 

“Filing a tax return is one of the biggest financial transactions an average American taxpayer makes each year and the tax return preparer industry is at the dawn of a new era of accountability,” said  IRS Criminal Investigation Special Agent in Charge Goss.  “The indictment of Victor Manuel Gonzalez demonstrates the IRS is taking extra steps this tax season, and planning more actions in future years, to help make sure people can count on their tax return preparer.”

The IRSCI investigated and Assistant U.S. Attorney Michael Osterberg is prosecuting this case.

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A federal judge in El Paso sentenced 53-year-old Gerardo Paz to 190 months of imprisonment followed by five years of supervised release for methamphetamine trafficking and assaulting his co-defendant while in custody, announced U.S. Attorney Ashley C. Hoff; FBI Special Agent in Charge Luis Quesada, El Paso Division; and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Field Office. 

“Methamphetamine destroys lives and ruins families.  Those that peddle this dangerous, illegal drug in our communities should know that profiteering from death and destruction will not be tolerated.  Today’s 190-month sentence should serve as a warning to those that choose to bring this poison into the El Paso community,” said U.S. Attorney Hoff.

On January 2, 2020, Paz pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of methamphetamine. According to court records, on June 20, 2019, federal agents witnessed Paz transport and deliver approximately eight kilograms of methamphetamine to the El Paso residence of his co-defendant, Francisco Contreras.  On January 4, 2020, Paz confronted and physically assaulted Contreras in the detention holding facility’s visitation area.

On January 15, 2020, U.S. District Judge Kathleen Cardone sentenced Contreras to 30 months in federal prison followed by five years of supervised release. Contreras earlier pleaded guilty to one count of conspiracy to possess with intent to distribute more than five kilograms of methamphetamine.

“With this conviction, FBI and our law enforcement partners are working together to have a positive impact at the local level,” said FBI Special Agent in Charge Quesada. “We are sending a strong and unified message that drug trafficking will not be tolerated, and, in turn, we are keeping our communities safer and free from methamphetamine which continues to cause horrific damage in too many of our communities.”

“The sentencing of Gerardo Paz exemplifies DEA’s relentless commitment to keep dangerous drugs and those who traffic them off of our streets,” said DEA Special Agent in Charge Williamson.  “DEA, along with our federal and local law enforcement partners, will continue to focus on these drug trafficking organizations that try and spread this kind of poison in our communities.”

These sentences resulted from an investigation by the FBI/DEA Strike Force. The Strike Force is a multi-agency task force established to disrupt and dismantle major drug trafficking organizations. The El Paso Police Department, U.S. Customs and Border Protection and the U.S. Border Patrol assisted with this investigation.  Assistant U.S. Attorney Kyle Myers prosecuted this case.

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A federal judge in El Paso sentenced 34-year-old Daniel Leal yesterday to 87 months of imprisonment for cocaine trafficking, announced U.S. Attorney Ashley C. Hoff; FBI Special Agent in Charge Luis Quesada, El Paso Division; and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Field Office. 

In addition to the prison term, U.S. District Judge David C. Guaderrama ordered that Leal be placed on supervised release for a period of three years after completing his prison term.

On September 22, 2020, Leal pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine. According to court records, on April 10, 2020, El Paso Police officers conducted a traffic stop on a vehicle driven by David Lightbourn, 46, of El Paso. A canine unit alerted to an odor of narcotics. Officers subsequently discovered approximately eight kilograms of cocaine inside the vehicle.  Further investigation revealed that the cocaine was being delivered at Leal’s direction. 

By pleading guilty, Leal accepted responsibility for the cocaine discovered by authorities on April 10, 2020.  Furthermore, Leal accepted responsibility for nine kilograms of cocaine delivered from El Paso to Kansas City, Missouri on March 4, 2020 as well as $219,000 derived from the delivery of the cocaine. El Paso police seized the currency from Lightbourn following a traffic stop on his return trip to El Paso.  By pleading guilty, Leal also admitted to buying approximately 18,000 rounds of ammunition intended for illegal exportation into Mexico.  That ammunition was seized by FBI in July 2019 as part of an on-going investigation.

Leal has remained in federal custody since his arrest on April 27, 2020. 

On January 6, 2021, Lightbourn pleaded guilty to one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. He faces between 10 years to life in federal prison.  Sentencing is scheduled for April 19, 2021, before U.S. District Judge Guaderrama.

These sentences resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Plumba conducted by the FBI, DEA, U.S. Customs and Border Protection and El Paso Police Department. 

The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.  Assistant U.S. Attorney Richard Watts prosecuted this case.

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A 12-time convicted felon, who waived arraignment Tuesday and pleaded not guilty, remains in federal custody charged with multiple firearms offenses, announced U.S. Attorney Ashley C. Hoff and Special Agent in Charge Fred J. Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Houston Field Division.

A federal grand jury indictment unsealed last week, charges 41-year-old Louis Duane Rhyne of Austin, with two counts of being a convicted felon in possession of a firearm and one count of possession of a stolen firearm.  The indictment alleges that on March 19, 2020, Rhyne possessed a stolen .223 caliber Smith and Wesson model M&P-15 rifle. The indictment further alleges that on December 29, 2020, Rhyne was in possession of a .38 special caliber Smith & Wesson model 38 revolver.

On December 29, 2020, the U.S. Marshal Service Lone Star Fugitive Task Force apprehended Rhyne in Austin.  At that time of his arrest, Rhyne was in possession of the loaded .38 caliber revolver. Public court records reveal that Rhyne has amassed a dozen felony convictions all in Texas ranging from assault and organized criminal activity to evading arrest and unlawful use of a motor vehicle. 

Rhyne faces up to ten years in federal prison for each charge upon conviction. Jury selection and trial is scheduled for 9 a.m. on May 17, 2021, before U.S. District Judge Robert Pitman in Austin. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case along with the Austin and Manor Police Departments. Assistant U.S. Attorney Alan Buie is prosecuting this case.

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is considered innocent until proven guilty in a court of law.

This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.

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Dr. Hugo A. Rojas, owner of Hugo A. Rojas, M.D., P.A., and Family Clinics of San Antonio, has agreed to pay $350,000.00 under a civil settlement to resolve allegations he violated certain provisions of the Controlled Substances Act (CSA) and the False Claims Act (FCA), announced U.S. Attorney Ashley C. Hoff and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux, Houston Division. 

Dr. Rojas is a primary care physician registered with the DEA to prescribe controlled substances, as well as a Medicare provider operating a medical practice with two locations in San Antonio.  The settlement reflects the ongoing commitment of DOJ and DEA to address the opioid crisis and to prevent, detect and investigate the diversion of controlled substances.  It further reflects the joint DOJ and Health and Human Services (“HHS”) commitment to identify and investigate false billing practices by Medicare providers.

“Doctors must live up to their obligations under the CSA to ensure that controlled substances are not illegally diverted into our community,” said U.S. Attorney Hoff.  “Protecting our community from the diversion of controlled substances is a priority of the DEA and our office.”

“This settlement illustrates pharmacies and medical providers are being held accountable for violating federal laws designed to ensure the safety and legal dispensation of pharmaceutical drugs,” said DEA Special Agent in Charge Comeaux.  “This case clearly reflects DEA’s commitment to use all available tools to address this crisis at every level and ultimately reduce the availability of highly addictive opioids.”

After an investigation into Dr. Rojas’ prescribing practices, the U.S. contends Dr. Rojas violated the CSA by pre-signing 13 prescriptions for controlled substances which were provided to patients at times when Dr. Rojas was travelling outside of the state of Texas.  Furthermore, the U.S. contends he violated the CSA by issuing six prescriptions for controlled substances without having examined the patients prior to providing the prescription.  The U.S. also contends Dr. Rojas violated the CSA by issuing 18 prescriptions for controlled substances to patients seen by non-physician personnel.  The pre-signing or issuance of prescriptions raises serious concerns about the potential diversion of controlled substances. 

In addition, the U.S. alleges that Dr. Rojas submitted claims for reimbursement for services rendered to Medicare beneficiaries during times he was travelling outside of the state of Texas and that care was provided by mid-level practitioners employed by Dr. Rojas.  A portion of the $350,000.00 settlement includes restitution to Medicare for these claims.

Dr. Rojas has made no admission of civil liability.

The DEA’s Diversion Group in the San Antonio District Office investigated this matter.  Assistant U.S. Attorney Erin M. Van De Walle handled this case on behalf of the government.

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In Alpine today, 26-year-old Devon Portillo admitted to lying to FBI agents during an investigation into the source of a racist text message purportedly sent by Portillo’s election opponent, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Luis Quesada, El Paso Division.

Appearing before U.S. Magistrate Judge David B. Fannin, Portillo pleaded guilty to one count of making a false statement to a federal agent.  By pleading guilty, Portillo admitted that in June 2020, he was running for election against another candidate when FBI agents interviewed him about a racist social media text falsely attributed to his opponent.  Portillo denied creating the racist text message.  He later contacted the FBI and advised that the text was authored by another individual whom he identified to investigators.  However, in a subsequent interview with FBI agents, Portillo admitted that he had indeed authored the fake text message and that the individual he identified as the author of the text had nothing to do with its creation.

Portillo faces up to five years in federal prison.  He remains on bond pending sentencing. Sentencing has yet to be scheduled.

The FBI investigated this case.  Assistant U.S. Attorney Mallory J. Rasmussen is prosecuting this case.

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In San Antonio today, a federal grand jury returned an indictment against four Houston men for allegedly stealing approximately $80,000 from a bank ATM technician in San Antonio last month, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs.

The indictment charges 21-year-old Terrance Raynard McDuffy, 24-year-old DeWitt Eugene Ross Jr., 22-year-old Tavan Marque Foots and 25-year-old Jonathan DeWayne Fore with one count of bank robbery.  According to court records, on February 11, 2021, McDuffy and Ross approached a serviceman working on an ATM at a Chase Bank branch in San Antonio and stole multiple ATM cassettes which contained a total of $80,340, while Foots and Fore acted as lookouts for the operation.

FBI agents arrested all four defendants following the robbery.  McDuffy and Ross remain in federal custody.   Foots and Fore are out on bond.  No further court dates have been scheduled.

The defendants face up to 20 years in federal prison upon conviction.

The FBI’s Safe Streets Task Force and San Antonio Central Texas Violent Crime Task Force are investigating this case together with the FBI in Houston, Houston Police Department, Texas Department of Public Safety Criminal Investigations Division and San Antonio Police Department.  Assistant U.S. Attorney William F. Calve is prosecuting this case. 

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law. 

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In San Antonio today, 46-year-old George Alberto Barragan of Cibolo admitted that he stole money from high school students who paid him for group travel opportunities to celebrate their graduations, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

Appearing before U.S. Magistrate Judge Elizabeth Chestney, Barragan pleaded guilty to one count of mail fraud.  According to court records, Barragan owned and operated several travel agencies, including EB Worldwide, Exhibit Tours and Senior Grad Trips.  He was the sole individual in charge of negotiating and contracting with customers as well as booking and arranging travel accommodations for large groups.  Victim groups would pay Barragan by check or through an online payment portal to book the trips for them.  Once in possession of victims’ funds, Barragan would make reservations and provide confirmations and itineraries to victims purporting to show that desired travel arrangements had been made.  

Prior to travel, however, Barragan would cancel reservations and have the refunds deposited into his bank account.  Barragan never notified his victims of the cancellations.  In fact, he kept communicating with them after he cancelled their trips, informing them that their travel was still taking place.  In at least two instances, large groups of students arrived at the designated time and location to begin their trip, only to find out that their trip had been cancelled. 

By pleading guilty, Barragan admitted to perpetrating his scheme on no less than six different high school student groups between May 2015 and June 2018, resulting in an approximate total loss of at least $150,000.

Barragan, who remains on bond, faces up to 20 years in federal prison for mail fraud.  Sentencing is scheduled for May 19, 2021, before U.S. District Judge Xavier Rodriguez in San Antonio. 

The FBI investigated this case.  Assistant U.S. Attorney Justin Chung is prosecuting this case on behalf of the government.

A federal judge in Austin sentenced 29-year-old four-time convicted felon Patrell Sanders to 42 months imprisonment for illegally possessing a loaded Kel-Tec 9 mm pistol, announced U.S. Attorney Ashley C. Hoff and Austin Police Chief Brian Manley. 

According to court records, Austin Police officers arrested Sanders on August 22, 2020, following an argument between Sanders and his neighbor.  During the incident, Sanders pointed the gun at his neighbor.  The two began to struggle, and the firearm discharged.  Sanders’ criminal history reveals four prior felony convictions ranging from burglary to possession of a controlled substance.

On December 10, 2020, Sanders pleaded guilty to one count of being a convicted felon in possession of a firearm.

In addition to the 42-month prison term handed down today, U.S. District Judge Lee Yeakel ordered that Sanders be placed under supervised release for a period of three years after completing his prison term.

The Austin Police Department investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant U.S. Attorney Keith Henneke prosecuted this case.

This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.

In San Antonio today, a federal grand jury returned an indictment against 66-year-old Mark Joseph Uhlenbrock of Chesterfield, Missouri, for internet stalking yet again, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs.

On September 28, 2016, Uhlenbrock was sentenced to 41 months in federal prison followed by three years of supervised release after pleading guilty to an internet stalking charge. Uhlenbrock admitted that from January 2006 to August 2015, he caused substantial emotional distress by posting nude photographs of his victim on the internet without the victim’s consent and despite three Bexar County civil district court lawsuits.

After completing his prison term, court records reflect that in April 2019 a federal judge sentenced Uhlenbrock to six months imprisonment for violating the terms of his supervised release.

Today’s indictment charges Uhlenbrock with one count of internet stalking the same victim again.  The indictment alleges that from May 2020 to September 2020, Uhlenbrock used the internet to cause substantial emotional distress to a person.  The conduct in this indictment occurred while Uhlenbrock was still on supervised release for his first conviction of internet stalking.

Uhlenbrock has remained in federal custody since his arrest in Missouri on December 10, 2020, for allegedly violating conditions of his supervised release.

The FBI in San Antonio investigated this case with assistance from the FBI in St. Louis.  Assistant U.S. Attorney Sarah Wannarka is prosecuting this case on behalf of the government. 

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

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In Austin today, a federal grand jury returned an indictment charging two Austin residents for their alleged roles in an attempted armed robbery of a convenience store last year, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

The federal grand jury indictment charges 36-year-old Deon Ross and 18-year-old Lavante Carter with one count of interference with commerce by threat or violence.  The indictment also charges Ross with one count of discharging a firearm during a crime of violence and Carter with one count of brandishing a firearm during a crime of violence.  The indictment alleges that on October 7, 2020, the defendants attempted to rob a convenience store located on North Interstate 35 in Austin.  The indictment further alleges that during the incident, Ross shot a convenience store employee while Carter brandished a firearm at a second convenience store employee. 

Carter and Ross were arrested on October 12, 2020, and December 6, 2020, respectively.  Both have since remained in custody.  Upon conviction, Ross and Carter face up to 20 years in federal prison for interference with commerce by threat or violence.  Ross faces between 10 years and life in federal prison upon conviction of discharging a firearm during a crime of violence.   Carter faces between seven years and life in federal prison upon conviction of brandishing a firearm during a crime of violence.  

This case is part of Operation Undaunted, representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities.  

The FBI and the Austin Police Department investigated this case with assistance from the Killeen Police Department.  Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke are prosecuting this case on behalf of the government. 

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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In San Antonio today, a federal judge sentenced 35-year-old Joe Anthony Ramirez to 15 years of imprisonment for supplying heroin for distribution throughout San Antonio, announced U.S. Attorney Ashley C. Hoff and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.

In addition to the prison term, U.S. District Judge Fred Biery ordered Ramirez to be placed on supervised release for a period of 10 years after completing his prison term. 

On August 13, 2019, Ramirez pleaded guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin.  By pleading guilty, Ramirez admitted that he supplied heroin to two separate drug trafficking organizations (DTOs) – his own (Ramirez DTO) and the Sanchez DTO led by Andrew Sanchez, aka “Freight” and “Hakeem.” 

From May 2018 to March 2019, the Sanchez DTO was responsible for the distribution of heroin on the east side of San Antonio. The Sanchez DTO operated daily from about 8:00 a.m. until 2:00 a.m. as a full-scale delivery service for heroin to the street-level user. The organization members worked shifts in the various roles.  Ramirez’s own DTO, which included his dad and brother, distributed heroin and cocaine throughout the entire San Antonio area.

In November 2019, Judge Biery sentenced Sanchez to 15 years in federal prison followed by five years of supervised release.  To date, 12 individuals associated with the organizations Ramirez supplied have been convicted and sentenced to prison terms ranging from 41 months to 180 months.

The DEA and the Texas Department of Public Safety investigated this case with assistance from the U.S. Marshals Service, Bexar County Sheriff’s Office, Seguin Police Department, Terrell Hills Police Department and the Bexar County District Attorney’s Office.  Assistant U.S. Attorneys Eric Fuchs and Fidel Esparza III  prosecuted this case on behalf of the government.

The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.

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In Waco today, a federal grand jury returned an indictment against 28-year-old former U.S. Army soldier Ricardo Manuele Davila-DeJesus for discharging a firearm while on Fort Hood over the weekend, stated U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

The indictment charges Davila-DeJesus with aggravated assault with a dangerous weapon.  According to court documents, on February 6, 2021, the defendant became intoxicated and got into an argument with several individuals inside the barracks.  The argument continued outside when the defendant pulled out a .45 caliber pistol and discharged his firearm in the direction of a soldier who, fearing for his life, had retreated back into the barracks.  Other individuals who were at the scene managed to subdue and disarm the defendant. 

Upon conviction, Davila-DeJesus faces up to 10 years in federal prison.  He remains in federal custody pending a detention hearing scheduled for 1:30 p.m. on February 11, 2021, before U.S. Magistrate Judge Jeffrey C. Manske in Waco.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is presumed innocent until proven guilty in a court of law.

This case is part of Operation Undaunted representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities. The FBI together with Ft. Hood Military Police Investigations investigated this case.  Special Assistant U.S. Attorney Major Aaron J. Salter is prosecuting this case. 

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In Midland today, a federal judge sentenced 33-year-old Odessa resident Christopher Caswell to 33 months in federal prison for being a convicted felon who pointed a rifle at and threatened a driver, announced U.S. Attorney Ashley C. Hoff.

In addition to the prison term, U.S. District Judge David Counts ordered that Caswell be placed on supervised release for a period of three years after completing his prison term.

According to court documents, on August 29, 2020, Odessa Police officers responded to the 2700 block of Eisenhower Road in reference to a subject with a gun.  The victim reported to police that while stopped at an intersection, he saw the defendant and another individual arguing in front of a residence.  The defendant then approached the victim’s vehicle while pointing a rifle at the victim and telling him to mind his own business.  The victim drove off and contacted police.  Subsequently, officers confronted Caswell while he was walking southbound on Eisenhower Road holding a black rifle.  Caswell dropped the Hi-Point 9 mm rifle and evaded  officers on foot. 

On September 17, 2020, members of the U.S. Marshals Service Lone Star Fugitive Task Force located Caswell and arrested him in Dallas.  He has since remained in federal custody.

On November 4, 2020, Caswell pleaded guilty to the felon-in-possession charge.  His criminal history reveals two prior state felony convictions in Odessa for evading arrest/detention.

The Odessa Police Department investigated this case.  Assistant U.S. Attorney Monica Daniels prosecuted this case. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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In San Antonio today, federal authorities filed a criminal complaint against an Iron Youth member for illegally possessing a machine gun, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

Caleb Nathaniel Oliver, age 19 of Smiley, is charged with one count of unlawful possession of a machine gun.  Upon conviction, Oliver faces up to 10 years in federal prison.

The criminal complaint alleges that on February 5, 2021, Oliver purchased a fully automatic machine gun from an undercover officer for $1,000.   According to the complaint, Oliver is a member of the group called Iron Youth, a racially motivated violent extremist group that advocates violence in the furtherance of its objectives.  Beginning in September 2020, Oliver had several meetings with the undercover officer to discuss the purchase of the machine gun. 

Oliver, who was arrested on Friday evening after exchanging money and taking possession of the machine gun, remains in federal custody pending a detention hearing expected later this week before U.S. Magistrate Judge Elizabeth S. Chestney in San Antonio.

It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt.  The defendant is presumed innocent until proven guilty in a court of law.

The FBI is conducting this investigation with assistance from the Wilson County Sheriff’s Office, Gonzales County Sheriff’s Office and Texas Rangers.  Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case. 

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Ashley Chapman Hoff is officially the United States Attorney for the Western District of Texas. On January 26, 2021, the U.S. District Court for the Western District of Texas appointed Hoff as U.S. Attorney effective yesterday.  Pursuant to the appointment order, Hoff will serve as U.S. Attorney until a successor is appointed and sworn into office. U.S. District Judge Robert Pitman administered the oath of office to Hoff at the federal courthouse in Austin. 

“It is truly the honor of a lifetime to serve as the United States Attorney for the Western District of Texas, and I am grateful to the Court for the appointment. I acknowledge and embrace the immense responsibility of this position,” said U.S. Attorney Hoff.   “I am privileged to work alongside the incredibly talented and dedicated women and men of this office, who give their all every day to protect the public, defend the Constitution, and represent the United States of America.” 

As U.S. Attorney, Hoff is the chief federal law enforcement officer in the Western District of Texas.  She is responsible for prosecuting violations of federal law and representing the federal government in civil litigation where the United States is a party.  The Western District of Texas includes 68 counties spanning about 93,000 square miles. The U.S. Attorney’s Office for the Western District of Texas employs more than 300 people and has staffed offices in Austin, Alpine, Del Rio, El Paso, Midland, Waco, and San Antonio. 

Hoff has spent 26 years as a public servant and prosecutor, handling criminal cases in both state and federal court. She has been with the U.S. Attorney’s Office for the Western District of Texas for more than 17 years. Since 2018, she has served as the First Assistant U.S. Attorney.  In that role, she was responsible for the supervision of over 150 Assistant U.S. Attorneys and all aspects of the district’s criminal and civil practice. Prior to being First Assistant U.S. Attorney, Hoff was the Chief of the Austin Division from 2012 to 2018. Before becoming part of the District’s leadership, Hoff served as an Assistant U.S. Attorney in the Austin Division for more than eight years, where she prosecuted a wide variety of federal offenses, including violent crime, drug trafficking, firearms violations, identity theft, health care fraud, and complex white collar crimes, among others.

Before arriving in the Western District of Texas, Hoff was an Assistant U.S. Attorney in the Southern District of Texas, where she was responsible for handling national security investigations as part of a counterterrorism unit created after the events of September 11, 2001. She began her federal prosecution experience in 2000 in the Houston Division of the Southern District of Texas as a Special Assistant U.S. Attorney for the Texas EXILE violent crime reduction initiative in which she prosecuted federal firearm offenses as one of eight specially-designated prosecutors in the State of Texas. Texas EXILE was one of the models for the federal Project Safe Neighborhoods program, which remains an important federal violent crime reduction initiative nationwide.

Hoff began her legal career as an Assistant District Attorney in the Harris County District Attorney’s Office in Houston, where she served as a state trial prosecutor from 1995-2000, handling misdemeanor, juvenile, and felony matters.

Hoff, a native Texan who was born and raised in Sherman, graduated from Texas Christian University in 1991 with a bachelor’s degree, majoring in Secondary Education with an emphasis in Government and Spanish. She received her law degree from Baylor University in 1994.

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The United States Attorney’s Office has collected $792,000 in civil penalties as two more civil Controlled Substances Act (CSA) investigations have settled, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.  These civil settlements, coupled with the Town & Country Drug, Inc. settlement, total $1,112,000.00 in agreed civil penalties obtained in the district in the past two months stemming from investigations in Austin, San Antonio and Odessa.  These settlements reflect DOJ’s ongoing commitment to addressing the opioid crisis by preventing, detecting and investigating the diversion of controlled pharmaceuticals from legitimate sources.

“We depend on pharmacies and medical providers following the CSA’s recordkeeping requirements so that the DEA can carry out its critical mission of preventing the diversion of controlled substances,” said U.S. Attorney Sofer.  “This office recognizes the devastating impact the diversion and improper use of controlled substances has on communities throughout this district.  These cases affirm our commitment to using all avenues of enforcement to protect the health and safety of our citizens.”

“These settlements should remind pharmacies and medical providers that they, too, must adhere to federal laws designed to ensure the safe and legal dispensation of pharmaceutical drugs,” said DEA Special Agent in Charge Whipple.  “These cases demonstrate DEA’s commitment to using all available tools to combat our nation’s opioid overdose crisis and reduce the illegal diversion of pharmaceutical opioids.”

MedMark Treatment Centers of Texas Pays $412,500.00

MedMark Treatment Centers of Texas, Inc., dba MedMark Treatment Centers San Antonio Military (MedMark), has paid a $412,500.00 penalty under a civil settlement to resolve allegations that it violated certain provisions of the CSA.  MedMark is registered as a Narcotic Treatment Program in Schedules II and III controlled substances.  MedMark operates outpatient treatment centers for opioid addiction in Texas, including a location on Military Drive West in San Antonio.

After undertaking an investigation of the Military Drive West facility in 2019, the United States contended that it had claims against MedMark for civil penalties under the CSA, including that MedMark allowed non-medical staff to repeatedly dispense controlled substances to patients in violation of the CSA.  Further, the DEA contended that MedMark was in violation of recordkeeping provisions, including failing to maintain complete and accurate records, failing to maintain a current power of attorney, and failing to keep its records in a readily retrievable manner.  These requirements are intended to prevent the diversion of controlled substances for illegal purposes.  MedMark has made no admission of civil liability.

The DEA’s Diversion Group in the San Antonio District Office led this investigation.  Assistant U.S. Attorney John Deck handled this affirmative civil enforcement matter on behalf of the government. 

Ascension Seton Pays $379,500.00

Ascension Seton, on behalf of Ascension Seton Medical Center-Austin (ASMC-Austin), has paid a $379,500.00 penalty under a civil settlement to resolve allegations that it violated certain provisions of the CSA.  ASMC-Austin is a hospital with advanced specialty care services. 

Following a 2018 theft of controlled substances from the ASMC-Austin facility located on West 98th Street in Austin, DEA conducted an inspection and found inventory shortages, discrepancies in the facility’s pharmacy records and deficiencies in recordkeeping practices.  The United States contended it had claims against ASMC-Austin for civil penalties under the CSA for record keeping violations, failure to maintain effective controls, and failure to timely report any theft or significant loss of controlled substances. ASMC-Austin has made no admission of civil liability. 

The DEA’s Diversion Group in the San Antonio District Office conducted this investigation while Assistant U.S. Attorney Erin M. Van De Walle handled this affirmative civil enforcement matter on behalf of the government.

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A federal judge in Waco yesterday sentenced 32-year-old Brayshon Negale Cummings to the statutory maximum of 10 years in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Gregg N. Sofer.

On May 4, 2020, members of the U.S. Marshals Service Lone Star Fugitive Task Force, Waco Police officers and McLennan County Sheriff’s deputies arrested Cummings in Waco on a Falls County arrest warrant for an aggravated assault stemming from a shooting incident the day before.  At the time of his arrest, Cummings was in possession of a Century Arms AK-47 pistol.

In addition to the prison term, U.S. District Judge Alan Albright ordered Cummings to pay a $500 fine and to serve three years of supervised release following his prison term.  Cummings pleaded guilty to the felon-in-possession charge on September 15, 2020.  His criminal history reveals prior felony convictions for aggravated assault, unlawfully carrying a firearm, assault-bodily injury and evading arrest/detention.

This case is part of Operation Undaunted representing federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities.  “Taking violent actors off the streets is a priority,” stated U.S. Attorney Sofer.  “We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims.”

The U.S. Marshals Service Lone Star Fugitive Task Force, Waco Police Department and McLennan County Sheriff’s Office investigated this case.  Assistant U.S. Attorney Mark Frazier prosecuted this case on behalf of the government. 

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Operation Undaunted, a program designed to apprehend dangerous criminals, interrupt violence, protect innocent life and restore peace to local neighborhoods, is underway in San Antonio, announced U.S. Attorney Gregg N. Sofer.

“We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims,” said U.S. Attorney Sofer.  “Despite the challenges of the coronavirus and the unfair vilification of the entire law enforcement community, we remain undaunted in our commitment to protect the residents of central and west Texas.”

Operation Undaunted is a four-prong approach that draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to combat violence.  The first component is to increase the use and exploitation of the National Integrated Ballistic Information Network (NIBIN) to focus on the most violent offenders in local communities—shooters. Aggressively comparing ballistics evidence gathered from crime scenes as well as from recovered firearms to uncover ties between offenders and violent crimes is of utmost importance.  The second component is to focus on removing from our communities incorrigible, repeat offenders who fail to rehabilitate, continue committing violent acts, including domestic violence, and pose an ongoing danger to law-abiding citizens and victims.  The third component calls for assertive federal prosecution of the most violent and serious robbery cases including those in which a firearm was used, that was committed by gang members, cartels or crews, or that involved thefts from gun stores and other federal firearms licensees spanning multiple jurisdictions. The fourth component is to engage in collaborative investigation and prosecution with military authorities to address violent crimes that occur on military bases while adhering to Posse Comitatus.

Operation Undaunted represents federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities.  “Taking violent actors off the street is a priority,” said U.S. Attorney Sofer.  Recently local and federal law enforcement joined forces to arrest and charge three repeat violent offenders:

• A federal grand jury on Wednesday returned an indictment charging 31-year-old San Antonio resident Asia Victor Tsatenawa with one count of possession with intent to distribute “crack” cocaine; one count of possession with intent to distribute cocaine; two counts of being a convicted felon in possession of a firearm; and one count of possessing a firearm in furtherance of a drug trafficking crime.  Court records allege that on December 3, 2020, Tsatenawa possessed an AK-47 style pistol. When Tsatenawa was arrested on December 8, 2020, by the San Antonio Police Department he was also in possession of cocaine, crack cocaine and two 9 mm pistols. Upon conviction of the charges, Tsatenawa faces between five years and life in federal prison.  Tsatenawa, a documented gang member, was previously convicted of aggravated assault with a deadly weapon and possession of cocaine in Bexar County and being a federal felon in possession of a firearm in the Western District of Texas.
• A federal grand jury indicted 45-year-old San Antonio resident Charles Allen Scott last month for being a convicted felon in possession of ammunition.  According to the indictment, Scott was in possession of a single round of .357-caliber ammunition on October 6, 2020.  Court documents allege that a spent shell casing recovered at a scene where Scott fired a gun is linked via NIBIN to three other separate shootings in the San Antonio area. Upon conviction, Scott faces up to 10 years in federal prison.  He remains in federal custody.  Scott was previously convicted four times of aggravated assault with a deadly weapon in Bexar County.
• Dylan James Rivas is charged by a federal grand jury indictment with being a Felon in Possession of a Firearm. According to court records, Rivas was in possession of a Glock 9 mm pistol on April 17, 2020.  That same 9 mm pistol is linked via NIBIN to two shootings in San Antonio. Rivas, a documented gang member, was previously convicted of aggravated robbery and assault family violence in Bexar County. Rivas remains in federal custody pending his trial currently scheduled for next month.
   

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Thirteen individuals are charged with trafficking cocaine in the San Antonio area, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.

A federal grand jury indictment returned in San Antonio charges the following defendants with one count of conspiracy to possess with intent to distribute cocaine: Mark Anthony Ojeda, 33, of San Antonio; Juan Antonio Estrada aka "Tony," 37, of Ro Grande City
Lus Claudio Estrada aka “Luz,”  42, of La Joya; Jesus Rodriguez aka “Don Chuy,”  62, of Rio Grande City; Frank Anthony Hernandez aka “Pancho,”  36, of San Antonio; Jose Artemio Acevedo Jr. aka “Chapparo,”  49, of Rio Grande City; Joel Villarreal aka “Gordo,”  49, of San Antonio; Rosalinda Flores,  54, of San Antonio; Jonathan Linares Lumbreras aka “Coahuila,”  30, of San Antonio; Javier Armando Casas, 40, of Pharr; Jesus Manuel DeLuna aka “Chuy,” 48, of San Antonio; Erik Jason Pena, 41, of San Antonio; and
Omar Cuellar, 47, of San Antonio.

The indictment also charges Ojeda with two counts of possession with intent to distribute cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime.  Further, the indictment charges Pena with an additional one count of possession with intent to distribute cocaine.

The indictment alleges that the defendants conspired since January 2020 to distribute cocaine.  During this investigation, authorities have seized approximately 25 kilograms of cocaine, 35 firearms, two silencers, a grenade, body armor and approximately $265,000 in U.S. Currency along with other assets attributable to this organization.

“Drug dealing and violence go hand in hand.  That fact is evident from the number of firearms recovered in this investigation - not to mention the silencers, grenade and body armor.  Thanks to the excellent work of the DEA and our other law enforcement partners, our community is safer today,” stated U.S. Attorney Sofer.

“This indictment and arrests are the result of a joint investigation with our local, state and federal partners to neutralize a dangerous criminal organization in Texas,” said DEA Special Agent in Charge Whipple.  “Our ongoing effort to reduce violence and drug trafficking in our communities sends a clear message that members of these violent criminal enterprises will be held accountable for their crimes.”

On Tuesday, federal, state and local authorities arrested all of the defendants with the exception of Lumbreras, Ojeda and Flores.  Agents arrested Lumbreras on Monday night. Ojeda was already in custody, and Flores has yet to be arrested.

Upon conviction of the drug conspiracy charge, Ojeda, Juan Estrada, Lus Estrada, Rodriguez, Hernandez, Acevedo, Villarreal and Flores face between 10 years and life in federal prison; Lumbreras, Casas, DeLuna and Pena face between five and 40 years in federal prison; and Cuellar faces up to 20 years in federal prison.  Ojeda faces between 10 years and life in federal prison and Pena faces between five and 40 years in federal prison on the drug possession charge.  Ojeda faces a mandatory five years in federal prison on the gun charge upon conviction.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

The DEA, FBI, Homeland Security Investigations (HSI), Texas Department of Public Safety, San Antonio Police Department, New Braunfels Police Department, University of Texas San Antonio Police Department, Gonzales Police Department, Comal County Sheriff’s Office and the Guadalupe County Sheriff’s Office conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation called Operation Bruja’s Blunder. The U.S. Marshals Service and the Bexar County Sheriff’s Office assisted with arrests.  Assistant U.S. Attorney Brian Nowinski is prosecuting this case on behalf of the government.

The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.

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In San Antonio today, U.S. District Judge Fred Biery sentenced 45-year-old Luther Otis Foster IV, to a total of 90 months in federal prison followed by five years of supervised release for pointing a shotgun at federal agents during the execution of a search warrant at his Bandera County residence, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration Special Agent in Charge Steven S. Whipple, Houston Division.

According to court records, DEA agents executed a search warrant at Foster’s residence in Lakehills on July 21, 2016.  Agents announced their presence and entered the residence.  Upon entry, Foster leveled a shotgun at the agents and threatened them.  Foster was shot and then taken to a nearby hospital for treatment.  Inside Foster’s residence, agents discovered a large number of growing marijuana plants and discarded marijuana plant stalks.

“Pointing a weapon at or threatening a federal agent is never a wise choice,” stated U.S. Attorney Sofer.  “It is fortunate that no one lost their life in this incident.  Unfortunately, today in Florida, a similar scenario ended in heartbreaking tragedy.  We should never forget the dangers our law enforcement officers face every day.”

On November 15, 2018, Foster pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime and four counts of assaulting a federal officer with a dangerous weapon.

The DEA investigated this case together with the Bandera County Sheriff’s Office and the Texas Department of Public Safety.  Assistant U.S. Attorney John Gibson prosecuted this case on behalf of the government.

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Today in El Paso, federal authorities filed two criminal complaints charging five individuals for smuggling an estimated $5.4 million worth of marijuana and methamphetamine and 77 illegal aliens, announced U.S. Attorney Gregg N. Sofer, Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, Drug Enforcement Administration (DEA) Special Agent in Charge Kyle W. Williamson, U.S. Border Patrol El Paso Sector Chief Patrol Agent Gloria I. Chavez and Big Bend Sector Chief Patrol Agent Sean L. McGoffin.

One criminal complaint charges four Mexican nationals – 40-year-old Jose Jesus Cardenas-Gonzalez, 21-year-old Cristian Armando Lucero-Gonzalez, 27-year-old Damian Arturo Izaguirre-Velasquez and 36-year-old Luis Francisco Galaz-Baldenegro – with one count of conspiracy to transport illegal aliens. The other criminal complaint charges 25-year-old Mexican national Manuel Uriel Pinuelas Salas with possession with intent to distribute a controlled substance. 

According to court documents, on January 28, 2021, U.S. Border Patrol agents stopped five pick-up trucks travelling in a caravan approximately 10 miles north of the border on Lopez Road near the base of the Quitman Mountain range in Hudspeth County.  Agents discovered a total of 77 illegal aliens inside four vehicles.  The fifth vehicle, driven by Pinuelas, contained over 450 pounds of marijuana and more than 157 pounds of methamphetamine.

Upon conviction, Pinuelas faces between 10 years and life in federal prison.  The other four defendants face up to 20 years in federal prison upon conviction.  All five remain in federal custody pending detention hearings anticipated to take place later this week.

The HSI, DEA and U.S. Border Patrol continue to investigate this case.  Assistant U.S. Attorney Spencer Kiggins is prosecuting this case on behalf of the government. 

A criminal complaint is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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In Del Rio today, a federal grand jury indicted 34-year-old Mexican national Sergio Trevino for allegedly shooting at two U.S. Border Patrol agents near Brackettville, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division; and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.

According to court documents, on January 3, 2021, U.S. Border Patrol agents attempted to stop Trevino who was driving a Chevy Suburban northbound on Texas Ranch Road 334 just north of Brackettville.  A high-speed chase ensued as Trevino attempted to abscond.  During the pursuit, Trevino fired multiple shots at the agents.

Spike strips were used to bring the Suburban to a stop.  Trevino fled from the vehicle and was later apprehended.  Six Honduran nationals were found in the vehicle along with 28-year-old Jesseca Ann Whitmire, a U.S. citizen.

The indictment charges Trevino with one count of assault on a federal officer; one count of using a firearm during a crime of violence; one count of conspiracy to transport illegal aliens; one count of felon in possession of a firearm; and one count of being an illegal alien in possession of a firearm. 

The indictment also charges Whitmire, 38, of Houston with conspiracy to transport illegal aliens. 

Trevino and Whitmire face up to 10 years in federal prison upon conviction of conspiracy to transport illegal aliens.  Trevino also faces, upon conviction, up to 20 years in federal prison for the assault charge; between 10 years and life in federal prison for using a firearm during a crime of violence; up to 10 years in federal prison for felon in possession; and up to 10 years in federal prison for being an illegal alien in possession of a firearm.

Trevino has a prior felony conviction for burglary of a habitation with intent to commit other felony.  Trevino and Whitmire have remained in federal custody since their arrests on January 3.

HSI and FBI are investigating this case.  The Texas Department of Public Safety, Kinney County Sheriff’s Office and Real County Sheriff’s Office assisted Border Patrol agents in apprehending Trevino, Whitmire and the illegal aliens.  Assistant U.S. Attorney John Cooper is prosecuting this case on behalf of the government.

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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A federal judge in Austin sentenced 27-year-old convicted felon Perry Lee Parks to 51 months imprisonment for illegally possessing a loaded 9 mm pistol in a crowded parking lot in downtown Austin, announced U.S. Attorney Gregg N. Sofer and Austin Police Chief Brian Manley. 

According to court records, Austin Police officers arrested Parks on September 8, 2019, in a crowded parking lot behind a Sixth Street business.  At the time of his arrest, Parks was in possession of a Glock 9mm pistol with a 31-round extended magazine loaded with 24 rounds of ammunition.  Parks’ criminal history reveals six prior felony convictions ranging from theft to delivery of a controlled substance.

“We cannot live in a society where an individual who has six felony convictions over 10 years is permitted to roam our streets with a 9mm handgun loaded with 24 rounds of ammunition.  Thanks to the hard work of the Austin Police Department, this particular individual will be off the streets and in federal prison.  People may deserve a second chance – not seven,” said U.S. Attorney Sofer.

Parks pleaded guilty to the felon-in-possession charge on October 26, 2020.  In addition to the 51-month prison term handed down yesterday, U.S. District Judge Lee Yeakel ordered that Parks be placed under supervised release for a period of three years after completing his prison term.

The Austin Police Department investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant U.S. Attorney Daniel Castillo prosecuted this case on behalf of the government.

This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle the rising violent crime rate, interrupt violence, protect innocent life and restore peace to central and west Texas communities.

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Today, a federal judge unsealed an indictment charging 20-year-old Tanner Bryce Real of Converse with producing, receiving and possessing child pornography, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.   

Real is charged with 10 counts of production of child pornography, 10 counts of receipt of child pornography and one count of possession of child pornography.  The indictment alleges that between March 2019 and April 2020, the defendant coerced at least 10 minor victims into engaging in sexually explicit conduct for the purpose of producing visual depictions of such conduct.  The indictment further alleges that the defendant received child pornography electronically.

Real remains in federal custody.  Each count of production of child pornography calls for between 15 and 30 years in federal prison upon conviction.  Each count of receipt of child pornography calls for between five and 20 years in federal prison upon conviction.  Possession of child pornography calls for up to 20 years in federal prison upon conviction.

The Boerne Police Department initiated this case and is working in conjunction with the FBI's San Antonio Crimes Against Children Task Force on this investigation.  Assistant U.S. Attorney Tracy Thompson is prosecuting this case on behalf of the government.

An indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is considered innocent until proven guilty in a court of law.

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.

In San Antonio today, 22-year-old Cost resident Jaylyn Christopher Molina, aka Abdur Rahim, admitted to conspiring to provide material support to the designated foreign terrorist organization Islamic State of Iraq and al-Sham/Syria (ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney for the Western District of Texas Gregg N. Sofer and FBI Special Agent in Charge of the San Antonio Division Christopher Combs.

Appearing before U.S. Magistrate Judge Richard Farrer, Molina pleaded guilty to one count of conspiracy to provide material support to ISIS and one count of receiving child pornography. By pleading guilty, Molina admitted that since May 2019, he conspired with 34-year-old South Carolina resident Kristopher Sean Matthews, aka Ali Jibreel, and others to provide services to ISIS by administering an encrypted, members-only chat group for persons who supported ISIS ideology; by collecting, generating and disseminating pro-ISIS propaganda; by attempting to recruit individuals to join ISIS; and by disseminating bomb-making instructions.

Molina also pleaded guilty to one count of receiving child pornography. On Sept. 18, 2020, federal authorities executing a search warrant at the defendant’s residence seized his cell phone, which contained 18 images depicting child pornography.

Molina faces up to 20 years in federal prison on the conspiracy charge and up to 20 years in federal prison on the child pornography charge. He remains in federal custody pending sentencing.

On Nov. 24, 2020, Matthews pleaded guilty to a conspiracy charge to provide material support to ISIS. Matthews, who remains in federal custody, faces up to 20 years in federal prison. Sentencing is scheduled for 10:30 a.m. CST on March 4, 2021, before Chief U.S. District Judge Orlando L. Garcia in San Antonio. 

The San Antonio FBI’s Joint Terrorism Task Force (JTTF), with valuable assistance from the San Antonio Police Department, the U.S. Secret Service and the Gonzalez County Sheriff’s Office, investigated this case. Assistant U.S. Attorneys Mark Roomberg, William R. Harris, Eric Fuchs and Tracy Thompson and Justice Department Trial Attorneys George C. Kraehe and Felice J. Viti of the National Security Division’s Counterterrorism Section are prosecuting this case.

In San Antonio today, 22-year-old Cost resident Jaylyn Christopher Molina (aka Abdur Rahim) admitted to conspiring to provide material support to the designated foreign terrorist organization Islamic State of Iraq and al-Sham/Syria (ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

Appearing before U.S. Magistrate Judge Richard Farrer, Molina pleaded guilty to one count of conspiracy to provide material support to ISIS and one count of receiving child pornography. By pleading guilty, Molina admitted that since May 2019, he conspired with 34-year-old South Carolina resident Kristopher Sean Matthews (aka Ali Jibreel) and others to provide services to ISIS by administering an encrypted, members-only chat group for persons who supported ISIS ideology; by collecting, generating and disseminating pro-ISIS propaganda; by attempting to recruit individuals to join ISIS; and by disseminating bomb-making instructions.

Molina also pleaded guilty to one count of receiving child pornography.  On September 18, 2020, federal authorities executing a search warrant at the defendant’s residence seized his cell phone, which contained 18 images depicting child pornography.

Molina faces up to 20 years in federal prison on the conspiracy charge and up to 20 years in federal prison on the child pornography charge.  He remains in federal custody pending sentencing scheduled for April 22, 2021, before Chief U.S. District Judge Orlando L. Garcia in San Antonio.

On November 24, 2020, Matthews pleaded guilty to a conspiracy charge to provide material support to ISIS.  Matthews, who remains in federal custody, faces up to 20 years in federal prison.  Sentencing is scheduled for 10:30 a.m. on March 4, 2021, before Judge Garcia. 

The San Antonio FBI’s Joint Terrorism Task Force (JTTF), with valuable assistance from the San Antonio Police Department, the United States Secret Service and the Gonzales County Sheriff’s Office, investigated this case.  Assistant U.S. Attorneys Mark Roomberg, William R. Harris, Eric Fuchs and Tracy Thompson and DOJ Trial Attorneys George C. Kraehe and Felice J. Viti of the National Security Division’s Counterterrorism Section are prosecuting this case.

WASHINGTON – A Texas man was convicted by a federal jury today for operating a website dedicated to publishing writings that detailed the sexual abuse of children.

Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division; Gregg N. Sofer, U.S. Attorney of the Western District of Texas; and Luis M. Quesada, Special Agent in Charge of the FBI’s El Paso Field Office made the announcement.

After a three-day trial, Thomas Alan Arthur, 64, of Terlingua, was convicted of three counts of trafficking in obscene visual representations of the sexual abuse of a child, five counts of trafficking in obscene text stories about the sexual abuse of children, and one count of engaging in the business of selling obscene matters involving the sexual abuse of children.

According to trial evidence, Arthur began operating the Mr. Double website in 1996, and began charging members for access to the site in 1998. The website was dedicated to publishing writings that detail the sexual abuse of children, including the rape, torture, and murder of infants and toddlers. The evidence at trial showed that all submissions for publication were reviewed and approved by Arthur before he posted them on the site. Some of the author pages contained drawings depicting children engaged in sexually explicit conduct. Evidence at trial showed that the website was Arthur’s sole source of income for more than 20 years. The site was taken offline in November 2019 when the FBI executed a search warrant at his residence near Terlingua, where Arthur administered the site. Pursuant to our Mutual Legal Assistance Treaty with the Netherlands, additional evidence was obtained from the server in the Netherlands where the site was hosted.

Sentencing is scheduled for April 19, 2021.

Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Monica Morrison of the Middle District of Tennessee, and Assistant U.S. Attorney Fidel Esparza of the Western District of Texas are prosecuting the case with assistance from the Justice Department’s Office of International Affairs.

The FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Department of Public Safety, and Brewster County Sheriff’s Office investigated 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 http://www.justice.gov/psc.

The U.S. Attorneys representing the four districts in Texas have announced their intent to prosecute any crimes committed at the State Capitol or elsewhere in violation of federal law ahead of the upcoming presidential inauguration.

“During this time of polarized political discord, freedom of speech is an important right that must be safeguarded, but those who threaten to harm others, commit acts of violence, destroy property or attack law enforcement must be held accountable for their criminal behavior,” said U.S. Attorney Gregg N. Sofer.  “Now, more than ever, we must respect the rule of law.  The Texas United States Attorneys’ Offices along with our federal, state and local law enforcement partners will pursue federal charges against those who refuse to do so.”

U.S. Attorney Sofer joins his counterparts – U.S. Attorney Ryan K. Patrick, Acting U.S. Attorney Prerak Shah and U.S. Attorney Stephen J. Cox of the Southern, Northern and Eastern Districts of Texas, respectively – to warn those planning to cross state lines to commit crimes in Texas or at the State Capitol that justice will be sought. 

As the chief law enforcement officers in each of the federal districts, the U.S. Attorneys will be working with federal, state and local law enforcement throughout the state to aggressively identify individuals who violate federal law. The plan is to ensure that, where appropriate, anyone arrested for committing federal crimes related to protests or similar events on or about Inauguration Day will be processed and held in federal custody pending further criminal proceedings.

The U.S. Attorney’s Office in the District of Columbia (DC) is prosecuting those individuals identified as allegedly committing crimes during the riots last week at the U.S. Capitol.  The U.S. Attorneys in Texas have been and will continue to work with Department of Justice (DOJ) officials and necessary law enforcement in those prosecutions.

In El Paso today, a federal grand jury returned an indictment against 49-year-old El Paso resident Michael Reyes for allegedly posting threats on a social media platform, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.

The indictment charges Reyes with one count of interstate communication with threat to injure.  The indictment alleges that Reyes transmitted threatening communications between December 12, 2020 and December 14, 2020.  Court records reflect that on December 14, 2020, the FBI received a report that a Parler user posted comments advocating murder and terrorism aimed at federal government officials and other individuals.

Reyes has remained in federal custody since FBI agents arrested him on December 18, 2020.  Upon conviction, Reyes faces up to five years in federal prison and a maximum $250,000 fine.

The FBI investigated this case with assistance from El Paso Police Department.  Assistant U.S. Attorney Mallory Rasmussen is prosecuting this case on behalf of the government. 

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

A federal judge today sentenced an El Paso man to 21 months in federal prison for posting a threatening communication over the internet, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.

In addition to the prison term, U.S. District Judge Kathleen Cardone ordered that 43-year-old Manuel Flores be placed on supervised release for a period of three years after completing his prison term.  Flores has remained in federal custody since FBI agents arrested him in Dallas on June 15, 2020.

On October 14, 2020, Flores pleaded guilty to transmitting a threatening communication.  By pleading guilty, Flores admitted that in June 2020 he recorded and uploaded a video to YouTube entitled “N----- Lives Matter” in which he made threatening comments to Black Lives Matter protestors.  During the video, Flores is seated and visible only from the knees down with what appears to be an AR-15 style rifle resting on his feet.  Flores stated that in two days he would be travelling on I-20 Eastbound through Dallas while daring individuals representing Black Lives Matter to “stop him.”  Flores further stated that “my dream is at least … take out at least 200 n------.”

“During this time of polarized political discord, peaceful protest is an important right that must be safeguarded and those who threaten to harm others, commit acts of violence, destroy property or attack law enforcement must be held accountable for their criminal behavior,” said U.S. Attorney Sofer.  “Now more than ever we must respect the rule of law.  The United States Attorney’s Office, along with its federal, state and local law enforcement partners will aggressively pursue those who refuse to do so.  Today’s sentence should serve as a warning to anyone who would choose to threaten or harm others – you will be federally prosecuted and sent to federal prison.”

The FBI investigated this case.  Assistant U.S. Attorney Ian Hanna prosecuted this case on behalf of the government.

A recent award of federal funds will enhance the efforts of the South Texas Officers and Prosecutors (STOP) Human Trafficking Task Force, a coalition of prosecutors and law enforcement agencies in San Antonio committed to fighting the evils of human trafficking.  This announcement from U.S. Attorney Gregg N. Sofer, San Antonio Mayor Ron Niremberg, San Antonio Police Chief William McManus and BCFS Health and Human Services Human Trafficking Interdiction Division (BCFS-HHS-HTI) Executive Director Chara McMichael appropriately coincides with National Human Trafficking Awareness Day.

The $1.5M federal grant from the Department of Justice – Office of Victims of Crime – Bureau of Justice Assistance will strengthen the efforts of law enforcement agencies in Bexar and adjacent counties in investigating and prosecuting individuals engaged in trafficking.  The STOP Human Trafficking Task Force will use the funding to increase community identification of all forms of human trafficking, rescue victims and prosecute traffickers.  Importantly, this program will enhance the existing resources of all area partners to effectively serve survivors of human trafficking.  The San Antonio Police Department serves as the lead law enforcement agency and BCFS-HHS-HTI serves as the lead victim services agency.

“Today is National Human Trafficking Awareness Day.  In the United States there are thousands of individuals held captive by malevolent traffickers who dehumanize, debase and harm their vulnerable victims.  No human being of any age, nationality or background should be treated as a commodity to be bought, sold, traded or forced into labor of any kind,” said U.S. Attorney Sofer.  “I am pleased that the STOP Human Trafficking Task Force has received this federal funding.  Together, we will prosecute those that profit from this brutal and cruel behavior to the fullest extent of the law.”

Task Force members will provide specialized training and support for local law enforcement agencies and victim service providers to increase offender arrests, prosecutions and convictions.  Task Force members will also provide training for educational and business establishments throughout our community. Presentations and audience-specific trainings within the community will increase awareness and identification of all forms of human trafficking – both adults and children who are exploited for the purposes of sex and labor – and will result in more victims rescued and exploitation prevented.  

“According to the U.S. Department of Health and Human Services, 25% of human trafficking victims are found in Texas. With tens of thousands of human trafficking victims, San Antonio has proven to be a primary hub for sex trafficking in Texas in the last three years.  It is clear, our community must focus on identifying the victims of human trafficking,” said Mayor Niremberg.

The STOP Human Trafficking Task Force, chaired by the U.S. Attorney’s Office, consists of experts dedicated to investigating and prosecuting incidents of human trafficking at both the state and federal levels. In addition to the San Antonio Police Department and BCFS-HHS-HTI, partners include the FBI, Homeland Security Investigations (HSI), Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, Bexar County Juvenile Probation, Texas Attorney General’s Office, Texas Department of Public Safety, Texas Alcohol and Beverage Commission, Texas RioGrande Legal Aid (TRLA), U.S. Marshals Service and U.S. Attorney’s Office.

“The concepts of human trafficking are often misunderstood.  The need for increased public awareness, education, and training will increase the identification and reporting of suspected human trafficking. The STOP Task Force is committed to continually refining the methods used to identify victims of human trafficking, as well as working within the community to promote awareness,” said Chief McManus.

If you or someone you know is a victim of human trafficking and needs immediate assistance, call 911.  For more information or to learn how you can help, please visit www.STOP-HumanTrafficking.com.  If you suspect human trafficking activities, please call the toll-free local human trafficking regional hotline at 1-844-843-6348 or 1-844-UIENDHT (U&I can END Human Trafficking). Trained professionals are ready to provide information and assistance.

“The only way we will succeed is for everyone in our communities to become involved,” said BCFS-HHS-HTI Director McMichael. “Help us fight this horrific crime. Help us educate those around you as to what slavery really looks like in a modern world. With your help, we can identify and remove victims from their situations of abuse and help them to recover.”

Saturday is Law Enforcement Appreciation Day, and it could not come at a more critical time. Despite a difficult 2020, law enforcement is still out there, protecting you, your property and your loved ones from those who would take all that you have.  But with the current climate, we may soon have fewer and less qualified officers, less protection, and more crime.  Indeed, this downward spiral has already begun.  The ranks of law enforcement have experienced record levels of retirements, lower levels of recruitment, and we have seen increasing crime rates in cities throughout the country.

Over the past 29 years, I have worked with hundreds of federal, state and local law enforcement officers – public servants who choose to go to work intent on making a positive difference in our communities. They see the worst of humanity but willingly and purposefully step into the line of fire to help the vulnerable among us. 

Law enforcement officers demonstrate real acts of heroism. They save lives, prevent injury, confront violence, and help those who cannot help themselves.  Helping is what motivates them. They do their dangerous jobs with little external reward, often with little gratitude and with little understanding by the public of the challenges they face.

Imagine the federal agents who must mine through a seemingly never-ending stream of vile child pornography, desperately trying to rescue child victims, haunted by barbaric images of innocent children being abused.  Or consider the local police officer who realizes a family’s financial hardship and pays out of pocket to stock their pantry with food. Know that border patrol agents dive into muddy waters to rescue drowning children and that local police officers routinely sit on sidewalks and talk people through mental health episodes while securing them needed services.

Our law enforcement professionals are burdened with the weight of the human struggle, and they respond. With compassion. With kindness. With concern so much of the time. And often unnoticed or unseen – that’s the way they prefer it.

The risks to these professionals are incredible. Each day they leave their homes uncertain if they will return; if they will be spit upon, cursed, or assaulted; if they will be forced to make a split second decision that could injure or take a life; if they will lose their life; if their spouse will be widowed or child will lose a parent.  When we see them in uniform, it’s easy to forget that they are human beings just like us; that they, too, have parents, spouses, children, and people they love; that they worry about paying their bills or making it to their child’s ballgame.  They do a job most of us are unwilling and incapable of doing.  They run towards gunfire and expose themselves to COVID and other contagious diseases. They tolerate unjustified vilification, work with deficient resources, endure constant criticism, and largely accept relatively low wages all the while handling the very worst our society has to offer – all so that we don’t have to.  In the current environment, one must wonder why anyone would do this job.

I realize that people make bad decisions every day, that corruption creeps into every profession and into the highest echelons of authority. Law enforcement is not immune. Indeed, I have prosecuted police officers during my career for abusing their positions and committing crimes. We expect our law enforcement officials to be held to the highest standard.  But the overwhelming majority of our law enforcement professionals do their jobs exceedingly well and with motives society should emulate.  Tarnishing the reputations of thousands who wear the badge is, like stereotyping of any kind, innately wrong and exceedingly dangerous.

This weekend, when you see an officer, detective, deputy, sheriff or special agent, take a moment to step into their shoes, to listen to their stories, to understand the person. Thank them for their service to our community.  After all, you need them, and they need your understanding.

In Austin today, U.S. Magistrate Judge Andrew W. Austin ordered that 38-year-old Round Rock resident Tu Hoang Dinh remain in federal custody after he entered a not-guilty plea to drug trafficking and money laundering conspiracy charges involving the Dark Web, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and Round Rock Police Chief Allen Banks.

A federal grand jury indictment charges Dinh with one count of conspiracy to import and possess with intent to deliver controlled substances and one count of conspiracy to launder monetary instruments.  The indictment alleges that Dinh has conspired with others since 2018 to import and distribute THC, LSD, and MDMA (Ecstasy) using the Dark Web and under the business name “ATXGreen.”  The indictment also alleges that Dinh opened Venmo, PayPal, Square and Zelle accounts to accept payments for drugs.  He subsequently used proceeds from the distribution of narcotics to purchase two vehicles and to pay his property taxes in Williamson County.

Upon conviction, Dinh faces between 10 years and life in federal prison for the drug conspiracy and up to 20 years in federal prison for the money laundering conspiracy. No further court dates have been scheduled.

HSI and the Round Rock Police Department conducted this 16-month investigation with assistance from the U.S. Postal Inspection Service.  Assistant U.S. Attorneys Mark Marshall and Robert Almonte are prosecuting this case on behalf of the government.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is presumed innocent until proven guilty in a court of law.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

In El Paso, a federal grand jury returned an indictment charging 26-year-old Christopher Delgado for allegedly hitting his girlfriend with his fist then stabbing her with a knife multiple times while on Fort Bliss on November 26, 2020, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis Quesada, El Paso Division.   

The indictment charges Delgado with one count of assault resulting in serious bodily injury and one count of assault by striking, beating or wounding.  According to court documents, Delgado was driving when the victim asked to be taken home.  Delgado struck the victim with a closed fist and she struck him back.  Delgado pulled over, reached for a knife in the door of his vehicle and stabbed his victim multiple times before pushing her out of his car. 

Motorists saw the victim on the edge of Highway 375 and called emergency services.  She was treated for stab wounds at a local hospital.

Delgado faces up to 10 years in federal prison upon conviction of assault resulting in serious bodily injury.  He faces up to one year in federal prison upon conviction for assault by striking, beating or wounding. 

The FBI conducted this investigation with assistance from the Army Criminal Investigation Command (CID).  Assistant U.S. Attorney Herbert Bunton, III, is prosecuting this case on behalf of the government.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is considered innocent until proven guilty in a court of law. 

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

With murders in Austin up 55% over the previous year, U.S. Attorney Gregg N. Sofer, joined by dozens of federal, state and local law enforcement officials, announced in Austin today the implementation of Operation Undaunted, a program designed to tackle the rising violent crime rate, interrupt violence, protect innocent life and restore peace to Austin neighborhoods.

“When you defund the police, relax enforcement of existing criminal law, and release repeat offenders and violent criminals into our streets, increased violence is exactly what you can expect,” said U.S. Attorney Sofer.  “Despite the challenges of the coronavirus and the unfair vilification of the entire law enforcement community, we remain undaunted in our commitment to protect the residents of central and west Texas.”

Operation Undaunted is a four-prong approach that draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to combat violence.  The first component is to increase the use and exploitation of the National Integrated Ballistic Information Network (NIBIN) to focus on the most violent offenders in local communities—shooters. Aggressively comparing ballistics evidence gathered from crime scenes as well as from recovered firearms to uncover ties between offenders and violent crimes is of utmost importance.  The second component focuses on removing from our communities incorrigible, repeat offenders who fail to rehabilitate; continue to commit violent acts, including domestic violence; and pose a continuing threat and ongoing danger to law-abiding citizens and victims.  The third component call for assertive federal prosecution of the most violent and serious robbery cases.  Robberies in which a firearm was used, are committed by gang members, cartels or crews, or that involved thefts from gun stores and other federal firearms licensees that span multiple jurisdictions will receive special attention.  The fourth component is collaborative engagement with military authorities to investigate and prosecute violent crimes that occur on military bases while adhering to Posse Comitatus.

Operation Undaunted represents federal, state and local law enforcement’s commitment to combat violence and restore peace to central and west Texas communities.  “We simply cannot, and will not, stand idly by and watch as violent criminals take over the streets of our communities and harm innocent victims,” said U.S. Attorney Sofer.  

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.