FEDERAL DISTRICT ARCHIVE
Western District of Texas
Press releases recorded for this federal judicial district.
International Trio Indicted in Austin for Illegal Exports to RussiaRead the Press Release
A four–count federal grand jury indictment returned in Austin and unsealed today charges three foreign nationals – a Russian citizen and two Bulgarian citizens – with violating the International Emergency Economic Powers Act (IEEPA), Export Control Reform Act (ECRA), and a money laundering statute in a scheme to procure sensitive radiation-hardened circuits from the U.S. and ship those components to Russia through Bulgaria without required licenses.
“Time and again, we find the Russians attempting to get access to sensitive American technology. The defendants here are charged with exporting radiation-hardened chips to Russia, knowing that it was illegal to do so and establishing a business in Bulgaria to circumvent U.S. enforcement authorities,” said Assistant Attorney General for National Security John C. Demers. “I am gratified by our whole-of-government response to this flagrant example of U.S. export controls evasion.”
“Today’s indictment demonstrates that the United States Attorney’s Office, the Department of Justice and our federal partners will follow those who seek to evade U.S. export enforcement laws wherever our investigations lead. National security remains our highest priority. We must never allow our most sensitive technology to fall into the hands of those who would seek to use it against us,” said U.S. Attorney Sofer.
“The Office of Export Enforcement in partnership with the FBI and DCIS uncovered an illicit procurement network that was diverting radiation-hardened integrated circuits from the United States through a Bulgarian front company to entities in Russia,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce. “Today’s announcement and related action by the Commerce Department to place the parties on the Entity List represent a collaborative whole-of-government approach to protecting sensitive, controlled U.S. technology, which is critical to our national security.”
“Today’s indictment details the efforts our adversaries will make to obtain our sensitive technology and demonstrates that the United States will hold any individuals, organizations, and nations, who willfully violate our export laws accountable.” said Special Agent in Charge Christopher Combs. “The FBI and our partners will work vigorously to protect and defend the national security of our country.”
The indictment alleges that 48-year-old Russian national Ilias Sabirov, 70-year-old Bulgarian national Dimitar Dimitrov and 46-year-old Bulgarian national Milan Dimitrov used Bulgarian company Multi Technology Integration Group EEOD (MTIG) to receive controlled items from the U.S. and send them to Russia. Under U.S. export control law, the goods could not be shipped to Russia without the permission of the U.S. government.
According to the indictment, Sabirov is the head of two Russian companies--Cosmos Complect and OOO Sovtest Comp.--and controls MTIG. Both Dimitar Dimitrov and Milan Dimitrov worked for Sabirov at Cosmos Complect and MTIG.
In 2014, the defendants met with the supplier of the radiation-hardened components in Austin and were informed that radiation-hardened circuits could not be shipped to Russia because of U.S. trade restrictions. Stymied by U.S. law, Sabirov established MTIG in Bulgaria and bought the controlled electronic circuits. The radiation-hardened properties of these circuits made them resistant to damage or malfunction in the harsh outer-space environment. Export of the parts was controlled by the U.S. government for these very reasons. The parts were shipped to Bulgaria in 2015 and MTIG soon thereafter shipped them to Sabirov’s companies in Russia. OOO Sovtest Comp. transferred over $1 million to MTIG for controlled U.S. parts.
In the same timeframe, MTIG—at Sabirov’s direction—ordered over $1.7 million in other electronic components produced by another U.S. electronics manufacturer. Sabirov bought these parts to fulfill part of his contract with OOO Sovtest Comp. Again, the parts were shipped from the U.S. to Bulgaria where they were merely repackaged and onward shipped to Russia.
In late 2018, a Department of Commerce Export Control Officer interviewed Milan Dimitrov during a visit at MTIG to determine whether the radiation-hardened components were still in MTIG’s possession in Bulgaria. Milan Dimitrov, among other things, fraudulently denied sending the components to Russia.
The indictment charges Sabirov, Dimitar Dimitrov and Milan Dimitrov with two counts related to violations of IEEPA and one count of money laundering. The indictment also charges Milan Dimitrov with one count of false statements to the government. Each count charged in the indictment calls for up to 20 years in federal prison upon conviction.
In conjunction with the unsealing of these charges, the Department of Commerce is designating Ilias Sabirov, Dimitar Dimitrov, Milan Dimitrov, Mariana Marinova Gargova, MTIG EOOD, Cosmos Complect and OOO Sovtest Comp., adding them to its Bureau of Industry and Security Entity List. Designation on the Entity List imposes a license requirement before any commodities can be exported from the U.S. to these persons or companies and establishes a presumption that no such license will be granted.
The Entity List identifies foreign parties that are prohibited from receiving some or all items subject to the Export Administration Regulations (EAR) unless the exporter secures a license. Those persons present a greater risk of diversion to weapons of mass destruction (WMD) programs, terrorism or other activities contrary to U.S. national security or foreign policy interests. Commerce – Office of Export Enforcement can add to the Entity List a foreign party, such as an individual, business, research institution or government organization, for engaging in activities contrary to U.S. national security and/or foreign policy interests. In most instances, license exceptions are unavailable for the export, re-export or transfer (in-country) to a party on the Entity List of items subject to the EAR. Rather, a prior license is required, usually subject to a policy of denial.
Commerce – Office of Export Enforcement and the FBI are investigating this case with assistance from Defense Criminal Investigative Service (DCIS). The Justice Department’s Office of International Affairs provided investigative assistance. The government’s case is being prosecuted by Assistant U.S. Attorneys Michael C. Galdo and G. Karthik Srinivasan of the Western District of Texas, as well as Trial Attorney Thea R. Kendler of the Justice Department’s National Security Division.In all cases, defendants are presumed innocent until and unless proven guilty. The indictment merely contains allegations of criminal activity.
International Trio Indicted in Austin for Illegal Exports to RussiaRead the Press Release
A four–count federal grand jury indictment returned in Austin and unsealed today charges three foreign nationals – a Russian citizen and two Bulgarian citizens – with violating the International Emergency Economic Powers Act (IEEPA), Export Control Reform Act (ECRA), and a money laundering statute in a scheme to procure sensitive radiation-hardened circuits from the U.S. and ship those components to Russia through Bulgaria without required licenses.
That announcement was made today by U.S. Attorney Gregg N. Sofer; Assistant Attorney General for National Security John C. Demers; P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce; FBI San Antonio Division Special Agent in Charge Christopher Combs; and Defense Criminal Investigative Service (DCIS) Southwest Field Office Special Agent in Charge Michael Mentavlos.
The indictment alleges that 48-year-old Russian national Ilias Sabirov, 70-year-old Bulgarian national Dimitar Dimitrov and 46-year-old Bulgarian national Milan Dimitrov used Bulgarian company Multi Technology Integration Group EEOD (MTIG) to receive controlled items from the U.S. and send them to Russia. Under U.S. export control law, the goods could not be shipped to Russia without the permission of the U.S. government.
According to the indictment, Sabirov is the head of two Russian companies--Cosmos Complect and OOO Sovtest Comp.--and controls MTIG. Both Dimitar Dimitrov and Milan Dimitrov worked for Sabirov at Cosmos Complect and MTIG.
In 2014, the defendants met with the supplier of the radiation-hardened components in Austin, and were informed that radiation-hardened circuits could not be shipped to Russia because of U.S. trade restrictions. Stymied by U.S. law, Sabirov established MTIG in Bulgaria and bought the controlled electronic circuits. The radiation-hardened properties of these circuits made them resistant to damage or malfunction in the harsh outer-space environment. Export of the parts was controlled by the U.S. government for these very reasons. The parts were shipped to Bulgaria in 2015, and MTIG soon thereafter shipped them to Sabirov’s companies in Russia. OOO Sovtest Comp. transferred over $1 million to MTIG for the controlled U.S. parts.
In the same timeframe, MTIG—at Sabirov’s direction—ordered over $1.7 million in other electronic components produced by another U.S. electronics manufacturer. MTIG bought these parts to fulfill part of its contract with OOO Sovtest Comp. Again, the parts were shipped from the U.S. to Bulgaria, where they were merely repackaged and onward shipped to Russia.
In late 2018, a Department of Commerce Export Control Officer interviewed Milan Dimitrov during a visit at MTIG to determine whether the radiation-hardened components were still in MTIG’s possession in Bulgaria. Milan Dimitrov, among other things, fraudulently denied sending the components to Russia.
“Today’s indictment demonstrates that the United States Attorney’s Office, the Department of Justice and our federal partners will follow those who seek to evade U.S. export enforcement laws wherever our investigations lead. National security remains our highest priority. We must never allow our most sensitive technology to fall into the hands of those who would seek to use it against us,” said U.S. Attorney Gregg N. Sofer.
“Time and again, we find the Russians attempting to get access to sensitive American technology. The defendants here are charged with exporting radiation-hardened chips to Russia, knowing that it was illegal to do so and establishing a business in Bulgaria to circumvent U.S. enforcement authorities,” said Assistant Attorney General for National Security John C. Demers. “I am gratified by our whole-of-government response to this flagrant example of U.S. export controls evasion.”
“The Office of Export Enforcement in partnership with the FBI and DCIS uncovered an illicit procurement network that was diverting radiation-hardened integrated circuits from the United States through a Bulgarian front company to entities in Russia,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce. “Today’s announcement and related action by the Commerce Department to place the parties on the Entity List represent a collaborative whole-of-government approach to protecting sensitive, controlled U.S. technology, which is critical to our national security.”
“Today’s indictment details the efforts our adversaries will take to obtain our sensitive technology and demonstrates that the U.S. will hold any individuals, organizations, and nations, who willfully violate our export laws accountable,” said FBI Special Agent in Charge Christopher Combs. “The FBI and our partners will work vigorously to protect and defend the national security of our country.”
“This investigation underscores the Defense Criminal Investigative Service's commitment to safeguarding our nation's most sensitive technologies and preventing those technologies from getting into the hands of our adversaries,” said DCIS Southwest Field Office Special Agent in Charge Michael Mentavlos. “DCIS, in consort with our law enforcement partners, will continue to aggressively identify, disrupt, and bring to justice those who attempt to circumvent export control laws and threaten the integrity of U.S. military technology.”
The indictment charges Sabirov, Dimitar Dimitrov and Milan Dimitrov with two counts related to violations of IEEPA and one count of money laundering. The indictment also charges Milan Dimitrov with one count of false statements to the government. Each count charged in the indictment calls for up to 20 years in federal prison upon conviction.
In conjunction with the unsealing of these charges, the Department of Commerce is designating Ilias Sabirov, Dimitar Dimitrov, Milan Dimitrov, Mariana Marinova Gargova, MTIG EOOD, Cosmos Complect and OOO Sovtest Comp., adding them to its Bureau of Industry and Security Entity List. Designation on the Entity List imposes a license requirement before any commodities can be exported from the U.S. to these persons or companies and establishes a presumption that no such license will be granted.
The Entity List identifies foreign parties that are prohibited from receiving some or all items subject to the Export Administration Regulations (EAR) unless the exporter secures a license. Those persons present a greater risk of diversion to weapons of mass destruction (WMD) programs, terrorism or other activities contrary to U.S. national security or foreign policy interests. Commerce – Office of Export Enforcement can add to the Entity List a foreign party, such as an individual, business, research institution or government organization, for engaging in activities contrary to U.S. national security and/or foreign policy interests. In most instances, license exceptions are unavailable for the export, re-export or transfer (in-country) to a party on the Entity List of items subject to the EAR. Rather, a prior license is required, usually subject to a policy of denial.
Commerce – Office of Export Enforcement and the FBI are investigating this case with assistance from DCIS. The government’s case is being prosecuted by Assistant U.S. Attorneys Michael C. Galdo and G. Karthik Srinivasan of the Western District of Texas, as well as Trial Attorney Thea D. R. Kendler of the Justice Department’s National Security Division. The Justice Department’s Office of International Affairs provided investigatory assistance.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictment merely contains allegations of criminal activity.
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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.
Uvalde Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
In Del Rio today, a federal judge sentenced 21-year-old Uvalde resident Pedro Gonzalez, Jr. to 40 months in federal prison for possessing hundreds of images of child pornography, announced U.S. Attorney Gregg N. Sofer and Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division.
In addition to the prison term, U.S. District Judge Kathleen Cardone ordered that Gonzalez be placed on supervised release for a period of 10 years after his incarceration.
According to court records, HSI agents executed a search warrant at the defendant’s residence on August 22, 2019. During the search, investigators seized items belonging to Gonzalez including a portable hard drive, PlayStation console, thumb drive, laptop computer, desktop computer and two cell phones. A forensic examination of the seized items revealed the presence of approximately 787 images and 26 videos of material depicting the sexual exploitation of minors. On March 19, 2020, Gonzalez pleaded guilty to one count of possession of child pornography.
“With ever increasing access to communication platforms, HSI must continue to stay a step ahead of those who exploit technology to facilitate some of the worst crimes in modern society. The defendant in this case, Pedro Gonzalez will serve the next three years in prison for his unfathomable acts,” said Deputy Special Agent in Charge, Craig Larrabee, HSI San Antonio. “HSI remains committed to working with our law enforcement partners to aggressively pursue those who victimize the most vulnerable members of our society, our children.”
HSI investigated this case with valuable assistance from the Uvalde County Sheriff’s Office, Texas Attorney General’s Office and National Center for Missing and Exploited Children (NCMEC). Assistant U.S. Attorneys Rex Beasley, Ben Tonkin and Sydni Connell prosecuted this case on behalf of the government.
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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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.
South Carolina Man Sentenced to 20 Years in Federal Prison for Trafficking Methamphetamine at Eagle Pass Port of EntryRead the Press Release
In Del Rio, a federal judge sentenced 35-year-old Jacob Floyd Bailey to 20 years in federal prison for trafficking in methamphetamine, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Deputy Special Agent in Charge Craig Larrabee, San Antonio Division; and U.S. Customs and Border Protection (USCBP) Eagle Pass Port Director Paul Del Rincon.
During Monday afternoon’s hearing, U.S. District Judge David C. Guaderrama also sentenced Bailey to a term of five years on supervised release after his incarceration.
According to Court records, on July 29, 2019, Bailey, a South Carolina resident, entered the U.S. by vehicle from Mexico through the port of entry at the Eagle Pass Bridge II. During secondary inspection of the vehicle, a U.S. Customs and Border Patrol Officer discovered seven plastic bladders containing over 70 kilograms of liquid methamphetamine in the vehicle’s gas tank. Bailey admitted to the agents he was aware there was an illegal drug concealed in the gas tank. Later investigation revealed the liquid methamphetamine was destined for Atlanta.
On January 10, 2020, Bailey pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
“Thanks to the efforts of U.S. Customs and Border Protection, more than 140 pounds of liquid poison was intercepted before it made its way to Atlanta,” said U.S. Attorney Sofer. “We must continue to vigilantly guard our southern border and do our best to prevent criminal cartels from trafficking methamphetamine and other toxic addictive substances into our country for profit.”
Also arrested with Bailey was 30-year-old Tarina Marie Timms of South Carolina. On January 17, 2020, Timms pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. Timms is scheduled to be sentenced on January 11, 2021, before U.S. District Judge Guaderrama.
Both Bailey and Timms have been in federal custody since their arrests on July 29, 2019.
“Methamphetamine is a vicious drug that destroys lives, devastates our communities and compromises the public’s safety,” said Deputy Special Agent in Charge Craig Larrabee, HSI San Antonio. “The sentence in this case is fitting of the serious crime committed by this defendant. HSI along with our law enforcement partners will continue to seek out and bring justice to those involved in the illicit drug trade.”
HSI and USCBP agents investigated this case. Assistant U.S. Attorney Sydni Connell prosecuted this case on behalf of the government.
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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.Fort Hood Resident Enters Guilty Plea to Endangering a ChildRead the Press Release
In Waco today, 31-year-old Emily Pait admitted to endangering children when she fired a gun inside her Fort Hood residence, announced U.S. Attorney Gregg N. Sofer.
Appearing before U.S. Magistrate Judge Jeffrey C. Manske, Pait pleaded guilty to one count of endangering a child and one count of deadly conduct. By pleading guilty, Pait admitted that on March 10, 2020, she discharged a pistol inside her residence that was occupied by two children. The bullet then penetrated an interior wall and went into an adjoining residence where her neighbor’s child was located at the time. All of the children are under the age of 15. None of the children were injured.
Pait faces up to 10 years in federal prison. She remains on bond pending sentencing. Sentencing has yet to be scheduled.
Military Police Investigations (MPI) on Fort Hood conducted this investigation. Assistant U.S. Attorney Mark Frazier and Special Assistant U.S. Attorney MAJ Aaron Salter are prosecuting this case on behalf of the government.
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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.
San Antonio Man Whose Sentence Was Previously Commuted Once Again Arrested on Federal Drug ChargesRead the Press Release
Federal, state and local authorities have arrested eight individuals on federal drug trafficking charges, including 41-year-old Texas Syndicate Lieutenant Hilario Nieto whose sentence President Barack Obama previously commuted, announced U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; and Texas Department of Public Safety (DPS) Director Steven McCraw.
Those arrested Tuesday include: Hilario Nieto (aka “Shorty”) of San Antonio; 31-year-old Daniel Castaneda of San Antonio; 29-year-old Joe Sanchez of San Antonio; 40-year-old Melissa Molina of San Antonio; 31-year-old Deanna Diaz of San Antonio; 56-year-old former Texas Mexican Mafia member Martin Reynosa of San Antonio; and 58-year-old Maria Rivas of San Antonio. Texas Syndicate Lieutenant Danny Rivas (aka “Pelon,” “Klumzee”), 41 of San Antonio, was previously arrested on this indictment.
An eight-count federal indictment charges the above-named defendants with one count of conspiracy to possess with intent to distribute methamphetamine and heroin. In addition, Danny Rivas is charged with two counts of possession with intent to distribute methamphetamine. Castaneda and Molina are also charged with one count of possession with intent to distribute methamphetamine. The indictment also charges Reynosa and Maria Rivas with five counts of possession with intent to distribute heroin.
The indictment alleges that the defendants have conspired since June 2019 to distribute methamphetamine and heroin in the San Antonio area. Search warrants executed in conjunction with arrest warrants resulted in the seizure of methamphetamine, heroin and two firearms.
In 2004, Nieto was sentenced to 248 months in federal prison on drug charges in the Western District of Texas. Scheduled to be released in 2021, President Barack Obama commuted Nieto's sentence in 2016. The commutation was effective August 2018.
“It is truly appalling that a man whose sentence the President previously commuted chose to flout that generous gift after being released from federal prison and resume gang-related drug dealing in the San Antonio community,” said U.S. Attorney Sofer.
“With these arrests, DEA and its federal, state and local law enforcement partners have dismantled an organization responsible for supplying large quantities of methamphetamine and heroin to communities in the San Antonio region,” said DEA Special Agent in Charge Whipple. “Methamphetamine and heroin trafficking, along with the associated crimes, are particularly destructive to the quality of life in our communities. DEA will continue to work with our law enforcement partners to target and eliminate these criminal organizations and hold them accountable for the destruction they cause.”
The DEA and DPS Criminal Investigations conducted this investigation with assistance from IRS-Criminal Investigation, U.S. Immigration and Customs Enforcement, U.S. Marshals Service, Bexar County Sheriff’s Office, Seguin Police Department, Terrell Hills Police Department and the Bexar County District Attorney’s Office.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation called Operation Blended Familia. 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.
Upon conviction of the methamphetamine related charges, the defendants face between 10 years and life in federal prison. Upon conviction of the heroin-related charges, the defendants face up to 20 years in federal prison.
All of the defendants remain in federal custody. Those arrested on Tuesday are expected to have their detention hearings in U.S. Magistrate court in San Antonio beginning next week.
Assistant U.S. Attorney Sarah Ella Spears 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 defendants are presumed innocent until proven guilty in a court of law.#####
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.
Former CFO for Richardson Enterprises, Ltd., Sentenced for Embezzling Close to $16 MillionRead the Press Release
A federal judge in Austin sentenced 51-year-old Tamra Maurene Villarreal (aka Tamra Creighton Villarreal), the former Chief Financial Officer (CFO) for Richardson Enterprises, Ltd. headquartered in Austin, to 63 months imprisonment for her role in a close to $16 million embezzlement scheme, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Special Agent in Charge Richard D. Goss, Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office.
At sentencing yesterday afternoon, U.S. District Judge Robert Pitman also ordered the Lakeway resident to pay $15,941,452.87 in restitution to the Richardson family and $4,243,649 in restitution to the IRS. Judge Pitman further ordered Villarreal to be placed on supervised release for a period of three years after completing her prison term.
Richardson Enterprises (Richardson) has automobile dealerships in Arizona, New Mexico and Texas. As CFO, Villarreal compiled financial information and provided it to outside accountants. She also had signing authority on Richardson bank accounts.
On August 18, 2020, Villarreal pleaded guilty to a two-count Information charging her with wire fraud and making and subscribing a false income tax return. By pleading guilty, Villarreal admitted that from 2009 to January 2018, she embezzled the funds from Richardson accounts and used that money for personal enrichment. Specifically, Villarreal diverted monies from Richardson bank accounts to accounts belonging to her and her husband. She used those stolen funds along with a corporate business credit card to pay for numerous personal expenditures including luxury items, hotel stays and restaurant tabs without the knowledge or permission of the Richardson family. Villarreal admitted that she used her access and control of Richardson’s books and records to conceal and disguise her unauthorized transactions.
In April 2018, law enforcement executed a search warrant on her Lakeway residence. Recovered during the search were many valuables purchased during the scheme, including rare coins, gold bars, expensive watches, lavish jewelry and multiple firearms.
Villarreal also admitted that she subscribed a false 2013 federal income tax return wherein she and her spouse claimed $433,747 in earnings when in truth their income that year far exceeded that amount when accounting for the proceeds from her embezzlement scheme.
Villarreal’s former husband, 48-year-old Robert Scott Villarreal, pleaded guilty to federal charges in connection with this investigation. He is scheduled to be sentenced on January 21, 2021, in Austin before U.S. District Judge Pitman. Robert Villarreal, who is out on bond, faces up to 10 years in federal prison for money laundering, up to 20 years in federal prison for possession with intent to distribute cocaine and up to three years in federal prison for failure to file a federal income tax return.
The FBI and IRS-CI investigated this case. Assistant United States Attorneys Michelle Fernald and Robert Almonte prosecuted this case on behalf of the government.
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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.
Federal Authorities Arrest El Paso Police Officer for Providing Assistance to Drug DealerRead the Press Release
In El Paso today, federal authorities arrested 23-year-old El Paso police officer Monica Garcia for allegedly helping a local drug distributor to further his criminal enterprise, announced U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division; and El Paso Police Chief Greg Allen.
A three-count federal grand jury indictment unsealed today charges Garcia and 44-year-old Fred Saenz with conspiracy to possess with intent to distribute cocaine; conspiracy to unlawfully use a communication facility; and conspiracy to maintain a drug involved premise. The indictment also charges Saenz with one count of possession with intent to distribute over 500 grams of cocaine.
According to court records, on November 10, 2020, DEA and the El Paso Police Department (EPPD) executed two search warrants at two different residences in El Paso utilized by Saenz to conduct drug trafficking activity. Agents and officers seized approximately $14,450.00 at one residence and approximately 1.2 kilograms of cocaine at the second residence. Saenz was arrested at that time based on a federal criminal complaint. Further investigation revealed that Garcia used her law enforcement access with EPPD to conduct counter-surveillance measures for Saenz, including running license plates on vehicles associated with undercover operations.
“Law enforcement officers must he held to the highest standards,” said U.S. Attorney Sofer. “The U.S. Attorney’s Office is committed to ensuring that any public official who violates the law is brought to justice, and we will always devote the necessary resources to ensure that this important part of our mission is carried out effectively.”
“The defendant is alleged to have committed serious crimes, which are compounded by the fact that she was sworn to uphold the law,” stated DEA Special Agent in Charge Williamson. “Although this is an isolated case, the charged conduct still unfairly tarnishes the proud reputation of the thousands of law enforcement officers in the El Paso area who put their lives on the line every day to protect our residents and their communities.”
“All El Paso Police Department employees are sworn to uphold the law and are held to the highest of standards. The men and women of the El Paso Police Department are dedicated to serving the community and are appalled at the actions of this individual. Every officer takes an oath and I want to ensure the community that any officer who violates that oath will be dealt with sternly and swiftly. We also thank DEA for their cooperation in investigating this case,” said El Paso Police Chief Allen.
Conspiracy to unlawfully use a communication facility calls for up to four years in federal prison upon conviction. Conspiracy to maintain a drug involved premise calls for up to 20 years in federal prison upon conviction. Saenz faces between five and 40 years in federal prison upon conviction of the drug related charges. Garcia faces up to 20 years in federal prison upon conviction of the drug related charges.
Garcia and Saenz remain in federal custody at this time.
The DEA and the EPPD’s Narcotics Unit and Special Investigations Unit are investigating this case. Assistant U.S. Attorneys Michael Williams and Steven Spitzer are prosecuting this case on behalf of the government.
It is important to note that a federal grand jury 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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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.
13 Arrested in Connection with an LSD, Fentanyl and Methamphetamine Trafficking and Money Laundering Scheme Occurring in the West Campus Area of the University of Texas at AustinRead the Press Release
Federal, state and local authorities have arrested 13 individuals, including current and former University of Texas (UT) students, charged in connection with trafficking LSD, fentanyl and methamphetamine pills to UT students in Austin.
That announcement was made today by U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; FBI Special Agent in Charge Christopher Combs, San Antonio Field Office; Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Richard D. Goss, Houston Field Office; Travis County Sheriff Sally Hernandez; Austin Police Chief Brian Manley; and Lakeway Police Chief Todd Radford.
Those arrested include: 23-year-old Varun Prasad of Austin; 26-year-old Charles Zenker of Houston; 68-year-old Benny Daneshjou of Austin; 26-year-old Ashley Larue of Austin; 21-year-old Drew Zarate of Austin; 32-year-old Christopher Edwards of Portland, Ore.; 21-year-old Jacob Schelling of Cypress; 22-year-old Madison Scott of Houston; 21-year-old Adrian Andreescu of Plano; 21-year-old Nikit Shingari of Austin; 21-year-old Nolan Fogleman of Austin; 23-year-old Samuel Parry of Austin; and 27-year-old Brandon Carpenter of Austin. All of the defendants are charged with conspiracy to possess with intent to distribute a controlled substance. Prasad, Daneshjou, Larue and Zarate are also charged with conspiracy to commit money laundering.
The defendants allegedly conspired to distribute LSD, fentanyl and methamphetamine in the Austin metropolitan area and other locations since April 2019 and also allegedly conspired to launder the financial proceeds of unlawful activities.
Search warrants executed yesterday in conjunction with arrest warrants resulted in the seizure of large quantities of fentanyl, Adderall pills, Alprazolam (Xanax), LSD, marijuana and psilocybin (hallucinogenic mushrooms). Investigators also seized several firearms and approximately $100,000 in U.S. currency. Prior to yesterday’s enforcement action, law enforcement officers arrested four other subjects and seized quantities of fentanyl methamphetamine, heroin, cocaine, LSD, MDMA, Benzodiazepine and other opioids during this investigation. Approximately $163,000 in assets and U.S. currency were also seized.
“Make no mistake about it. These are not pills being carefully manufactured and tested by trusted, regulated pharmaceutical companies. During the course of this investigation, two of the targets died from drug overdoses,” said U.S. Attorney Sofer. “When unsuspecting college kids and other drug seekers put these pills in their mouths, they are playing Russian roulette. They are gambling that profit-seeking drug dealers did not place lethal doses of unknown chemicals or fentanyl in these pills.”
“Drug overdose is a leading cause of preventable, injury-related deaths in our nation. This coordinated law enforcement operation dismantled an enterprise responsible for the distribution of counterfeit pharmaceuticals that contained fentanyl and methamphetamine, but were clandestinely manufactured to mimic the prescription pharmaceuticals Oxycodone and Adderall. We caution people to never consume pharmaceuticals unless under licensed medical care and sourced from a licensed pharmacy. A miniscule amount, as small as a couple grains of salt, of some of these illicit drugs can result in death,” said DEA Special Agent in Charge Whipple.
The Austin Tactical Diversion Squad, a law enforcement task force targeting criminal pharmaceutical diversion and counterfeit drug trafficking in Central Texas, conducted this investigation dubbed Operation Spider Web. Partner agencies include DEA, FBI, IRS-CI, Austin Police Department, Travis County Sheriff’s Office, Lakeway Police Department, Cedar Park Police Department and the Texas National Guard Joint Counterdrug Task Force.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said IRS-CI Special Agent in Charge Goss. “Without these ill-gotten gains, the traffickers cannot finance their organizations. By following the money trail, Special Agents with the IRS are able to assist our law enforcement partners with dismantling drug trafficking organizations and those that facilitate their activities.”
“We value the relationship we have with our federal partners, and through our collaborative efforts have removed a significant amount of illegal drugs off the streets of Austin. This has potentially saved many people from the dangers and risks associated with illegal drug use and furthers our mission of keeping Austin residents safe,” stated Austin Police Chief Manley.
“We are honored to serve alongside such professional agencies to combat illicit drug distribution in our various communities. This case is emblematic of the partnerships it takes in today’s times to successfully investigate and prosecute these types of complex crimes,” stated Lakeway Police Chief Radford.
Upon conviction of the drug conspiracy charge, the defendants face between 10 years and life in federal prison. Upon conviction of the money laundering conspiracy charge, the defendants face up to 20 years in federal prison.
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 defendants are presumed innocent until proven guilty in a court of law.
Drug overdose deaths and opioid-involved deaths continue to increase in the U.S. Deaths from drug overdose are up among both men and women, all races and adults of nearly all ages with more than three out of five drug overdose deaths involving an opioid. More than 130 people die every day in the U.S. after overdosing on opioids while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.
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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.
Temple Woman Sentenced to more than 15 Years in Federal Prison for Possessing and Distributing Child PornographyRead the Press Release
In Waco today, a federal judge sentenced 33-year-old Temple, Texas resident Lydia Brynn Christensen to 188 months in federal prison for possessing and distributing images and videos depicting the sexual exploitation of children including those of a female child under the age of two, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Temple Police Chief Shawn Reynolds.
In addition to the prison term, U.S. District Judge Alan Albright ordered that Christensen pay $11,000 in restitution to her victims and be placed on supervised release for a period of 10 years after completing her prison term.
On June 2, 2020, Christensen pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography.
According to court records, authorities executed a federal search warrant at the defendant’s residence on August 30, 2019, based on information they had received about the contents of her cell phone. During the search, authorities seized the phone. A forensic search of the phone revealed the presence of numerous images and videos depicting child pornography, including those of a female child under the age of two engaged in sexually explicit conduct with an adult male. Also, authorities discovered numerous communications on the phone whereby Christensen had solicited, transmitted and received child pornography.
The FBI and the Temple Police Department Special Crimes Unit conducted this investigation. Assistant U.S. Attorney Greg Gloff prosecuted this case on behalf of the government.
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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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.
Odessa Pharmacy and Owner to Pay $320,000 in Civil Penalties for Alleged Violations of the Controlled Substances Act and the Combat Methamphetamine Epidemic Act of 2005Read the Press Release
Odessa pharmacy Town & Country Drug, Inc. (Town & Country) and its owner, pharmacist Gary Warren, have entered into a civil settlement with the United States that requires them to pay $320,000 in civil penalties to resolve allegations that they violated certain provisions of the Controlled Substances Act (CSA) and the Combat Methamphetamine Epidemic Act of 2005 (CMEA), announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Kyle Williamson, El Paso Division.
During a routine inspection of Town & Country in May 2017, DEA Diversion investigators identified significant discrepancies in the pharmacy’s inventory of controlled substances. DEA investigators noted that Town & Country was in violation of numerous regulatory recordkeeping provisions and had sold pseudoephedrine and ephedrine products without self-certifying as required by the Combat Methamphetamine Epidemic Act of 2005 (CMEA). During a follow-up inspection in February 2020, DEA Diversion investigators identified additional discrepancies in the pharmacy’s inventory of controlled substances, determining that Town & Country continued to both violate CSA recordkeeping requirements and sell pseudoephedrine and ephedrine products without self-certifying. These requirements are intended to prevent the diversion of controlled substances for illegal purposes.
The CMEA was signed into law on March 9, 2006 to regulate, among other things, over-the-counter sales of ephedrine, pseudoephedrine, and phenylpropanolamine products, common ingredients in cough, cold, and allergy products. Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training and self-certification of regulated sellers. The CMEA was passed because those drugs are precursor chemicals used in the illicit manufacture of methamphetamine or amphetamine.
“Pharmacies play a vital role in ensuring that opioids and other addictive drugs are not diverted and abused,” said U.S. Attorney Sofer. “This office will use all available tools at our disposal, including civil remedies when appropriate, to detect, prevent, and prosecute violations of federal recordkeeping requirements.”
“Historically, most diversion of legitimate controlled substance occurs at the retail level,” said DEA Special Agent in Charge Williamson. “The DEA will continue to combat the rising tide of prescription abuse in our country by ensuring DEA-registered entities follow all requirements set forth by the law.”
Town & Country has informed the government that it is enhancing its recordkeeping and compliance program in response to the deficiencies identified by the DEA and that it will maintain a current certification under the CMEA.
The DEA’s Diversion Control Unit in El Paso led the investigation of this matter. Assistant U.S. Attorney Thomas Parnham negotiated the settlement on behalf of the government. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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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.
San Antonio Father and Son Arrested for Alleged Ponzi SchemeRead the Press Release
Federal authorities have arrested a father and son charged in connection with an alleged Ponzi scheme which defrauded investors of over $800,000, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
A five-count federal grand jury indictment charges 76-year-old Earl Roberts, Sr., and 50-year-old Larry Roberts with one count of conspiracy to commit wire and mail fraud, two counts of wire fraud, and two counts of mail fraud.
According to court records, Earl Roberts, Sr., was the president and owner, and Larry Roberts was the Chief Operating Officer of FACTAC, Inc., a company engaged in the business of “factoring” invoices and receivables from other companies. “Factoring” is a business process whereby a company purchases invoices and accounts receivable from other companies at a discount. The purchasing company then makes a profit when the invoices and receivables are paid at full value at a later time.
The indictment alleges that the defendants ceased factoring operations in December 2016, but continued to solicit investor funds until February 2018. Investors were told that their money would only be used to factor receivables when in fact the defendants used investor funds to pay withdrawals and interest payments to previous investors. The defendants also transferred parts of the investor funds to other companies under their control and used the funds to pay for their own personal expenses, fraudulently enriching themselves.
Agents arrested the two San Antonio residents yesterday without incident. Both have been released on bond. Arraignment is scheduled for December 7, 2020 before U.S. Magistrate Judge Henry J. Bemporad in San Antonio. Upon conviction, each related charge is punishable by up to 20 years in federal prison.
The FBI is conducting this investigation. Assistant U.S. Attorneys Justin Chung and William R. Harris 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 defendants are 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.
Del Rio Man Sentenced to 20 Years in Federal Prison for Production of Child PornographyRead the Press Release
In Del Rio this morning, 34-year-old Rodrigo Rodriguez was sentenced to 20 years in federal prison followed by five years of supervised release for the sexual exploitation of a child, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On February 27, 2019, Rodriguez pleaded guilty to the charge. By pleading guilty, Rodriguez admitted that from April 2017 through December 2018, he used his cell phone to produce child pornography that depicted the abuse and exploitation of a female child approximately 12 years old.
“Producing child pornography is a monstrous crime that cannot be tolerated. We must ensure that those who prey upon our vulnerable children are kept off of the streets. Thanks to the work of the Del Rio Police Department and the FBI, this defendant will be incapacitated for the better part of the next two decades,” stated U.S. Attorney Sofer.
Court records reflect that officers with the Del Rio Police Department (DRPD) arrested Rodriguez on January 7, 2018 after they discovered an image depicting child pornography on the defendant’s cell phone. DRPD officers forwarded the information to the FBI for further investigation into the transmission and storage of potential child pornography. Special agents from the FBI’s San Antonio Division obtained search warrants for the defendant’s cell phone and email account. Forensic evaluations of the seized phone and email account revealed the presence of approximately five images and three videos of child pornography produced using that phone and stored on the defendant’s email account from April 2017 through December 2018.
Rodriguez has remained in federal custody since his arrest on January 7, 2018.
The FBI, along with assistance from DRPD, conducted this investigation. Assistant U.S. Attorneys Sarah Spears, John Kennedy and John Cooper prosecuted this case on behalf of the government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet; as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
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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.
South Carolina Man Pleads Guilty to Conspiracy to Provide Material Support to ISISRead the Press Release
WASHINGTON -- In San Antonio today, 34-year-old Kristopher Sean Matthews (aka Ali Jibreel) admitted to conspiring to provide material support to the designated foreign terrorist organization Islamic State of Iraq and al-Sham/Syria (aka ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney Gregg N. Sofer for the Western District of Texas, and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before U.S. Magistrate Judge Elizabeth S. Chestney, Matthews pleaded guilty to a conspiracy charge to provide material support to ISIS. By pleading guilty, Matthews admitted that since May 2019, he conspired with 22-year-old Jaylyn Christopher Molina (aka Abdur Rahim) of Cost, TX, 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; and by disseminating firearms training materials and bomb-making instructions to each other and to other members of the chat group and others.
Matthews faces up to 20 years in federal prison. He remains in federal custody pending sentencing scheduled for 10:30 am on March 4, 2021, before Chief U.S. District Judge Orlando L. Garcia in San Antonio.
Molina and Matthews were charged by a federal grand jury indictment handed down on October 14, 2020, with one count of conspiracy to provide material support to a designated foreign terrorist organization and one substantive count of providing material support to a designated foreign terrorist organization. Molina, who remains in federal custody, faces up to 40 years in federal prison upon conviction.
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 Gonzalez County Sheriff’s Office, continues to investigate this case. Assistant U.S. Attorneys Mark Roomberg, William R. Harris, and Eric Fuchs and DOJ Trial Attorneys George C. Kraehe and Felice J. Viti of the National Security Division’s Counterterrorism Section 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. Molina 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.
Judge Sends Two to Federal Prison for Stealing and Selling more than $2.4 Million Worth of Sensitive U.S. Military Equipment from Camp MabryRead the Press Release
Calling it “the ultimate breach of trust,” U.S. District Judge Lee Yeakel sentenced 36-year-old former U.S. Property and Fiscal Office Program Analyst Joseph Mora and 27-year-old former Texas Army National Guardsman Cristal Avila to three years and two years in federal prison, respectively, for selling on the internet over $2.4 million in sensitive military equipment stolen from Camp Mabry in Austin, announced U.S. Attorney Gregg N. Sofer; Department of Defense Criminal Investigative Service (DCIS) Special Agent in Charge Michael Mentavlos, Southwest Field Office; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio; U.S. Army Criminal Investigation Command (Army CID) Special Agent in Charge Ray Rayos, Southwestern Fraud Field Office; and, U.S. Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division.
In addition to the prison terms handed down during sentencing today in Austin, Judge Yeakel ordered that both defendants pay, jointly and severally, $2,420,065 in restitution and be placed on supervised release for a period of three years after completing their respective prison terms. Judge Yeakel also ordered that the defendants forfeit to the government a 2016 Cadillac Escalade and a total of $53,310.32 seized from two bank accounts owned by Mora.
According to court records, from 2016 to 2019, Mora and Avila stole large quantities of government property, including scopes, infrared laser aiming devices and thermal night vision goggles, with an estimated value in excess of $2.4 million. Mora and Avila later sold the stolen goods on eBay and elsewhere.
“Stealing military equipment and offering it to the highest bidder endangers our communities and the brave men and women who protect us here at home and abroad. Thanks to the hard work of DCIS Southwest Field Office, HSI, Army CID, and USPIS, the individuals who purloined more than $2.4 million worth of sensitive military gear have been held accountable and we can rest easier knowing that these items are not being offered up to criminals or those who would use them for nefarious purposes,” stated U.S. Attorney Sofer.
On August 4, 2020, Mora pleaded guilty to one count of theft of government property. Avila did the same two days later. Both remain on bond pending formal notification from the U.S. Bureau of Prisons as to where and when to report to begin serving their prison terms.
“Today's sentencings are a result of a highly successful joint investigative effort by the DCIS Southwest Field Office, HSI, Army CID and USPIS,” said DCIS Southwest Field Office Special Agent in Charge Michael Mentavlos. “DCIS and our law enforcement partners are committed to safeguarding sensitive military property and Department of Defense supply chains in order to protect the integrity of the Department of Defense, the investment of our taxpayers, and most importantly, the warfighter.”
“The sentencing of Mora and Avila sends a clear message to those who break their military oath of protecting this nation by stealing and selling military technology for profit,” said HSI San Antonio Special Agent in Charge Folden. “Scopes, infrared laser aiming equipment, and thermal night vision goggles are highly advanced technologies, giving our military a much deserved edge on today’s battlefield. These schemes could potentially provide an opportunity for foreign adversaries to obtain sensitive U.S. equipment.”
“Today’s sentencing is another example of the great teamwork among law enforcement agencies,” said Army CID Southwestern Fraud Field Office Special Agent in Charge Rayos. “These two defendants devised a criminal enterprise that deprived Soldiers of the equipment they needed for training. It is inexcusable and hopefully this sentence will send a strong message to those who think they can steal from the U.S. government.”
“The U.S. Postal Inspection Service (USPIS) is committed to defending the nation’s mail system from illegal use, no matter who the user is,” said Inspector in Charge Gonzalez. “In this case, it includes ensuring that greedy individuals like Joseph Mora and Cristal Avila, who used positions of trust within the U.S. Military to steal sensitive equipment, do not use the U.S. Mails as the means to sell their ill-gotten goods. Postal Inspectors will continue to work tirelessly with our local, state and federal law enforcement partners to investigate these crimes and bring the perpetrators to justice.”
The DCIS Southwest Field Office, HSI, Army CID, and USPIS conducted this investigation. Assistant U.S. Attorneys Michael C. Galdo and Karthik Srinivasan prosecuted this case on behalf of the government.
#####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.
Federal Grand Jury in San Antonio Indicts Self-Proclaimed Boogaloo Bois Member for Illegally Possessing a Firearm after Previously Being Committed to a Mental InstitutionRead the Press Release
In San Antonio today, a federal grand jury indicted 21-year-old Cameron Emerson Casey Rankin, a self-proclaimed Boogaloo Bois member residing in San Antonio, on a charge of illegally possessing a firearm after previously being judicially committed to a mental institution, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On October 28, 2020, FBI agents arrested Rankin at his residence where they recovered a black semi-automatic rifle during the execution of a search warrant. He remains in federal custody at this time.
“Firearms in the hands of prohibited persons present a real danger to the law abiding residents of our community. When illegal firearms possession is combined with mental illness and violent, extremist ideologies, we have a prescription for disaster,” stated U.S. Attorney Sofer.
“Today’s indictment sends a message to those who would seek to bring violent chaos and mayhem to our communities, regardless of the ideology that motivates them,” said FBI Special Agent in Charge Combs. “The FBI and our partners are committed to protecting the public from all violent criminals.”
According to court records, Rankin illegally possessed a firearm with the capability and means to affect violence in furtherance of his beliefs. Rankin has also expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS. Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018, but was denied the firearms transactions under the “Prohibited Category” for previously being judicially committed to a mental institution.
Court records also allege that after being warned by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that he was a prohibited person, Rankin posted pictures of himself with a firearm on social media. On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd. The next day, Rankin posted on his Facebook account photos of himself and others carrying firearms at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.”
Court records also reflect that on August 4, 2020, Rankin posted a “selfie” photo on his Facebook timeline showing him holding a black, semi-automatic rifle in a vertical position against his shoulder with his finger on the trigger. Rankin posted other photos which included a quote, stating, “Diligently Plotting to Take Over the World in order to Leave You Alone.”
Furthermore, on August 11, 2020, ATF agents served Rankin written notice at the Manchester, NH airport that he was prohibited from possessing firearms. The agents also provided him with copies of his mental health records. On that same day, agents seized a handgun and ammunition from inside Rankin’s luggage. Rankin threw the notice letter and mental health records in the trash before leaving the airport terminal.
Upon conviction, Rankin faces up to ten years in federal prison.
U.S. Attorney Sofer commended the San Antonio FBI’s Joint Terrorism Task Force and the ATF for bringing Rankin to justice. Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case on behalf of the government.
This case falls within the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
This case is also a part of Project Guardian, which is the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the ATF when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and, ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
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.
Colorado Man Convicted of Production, Transportation, and Possession of Child PornographyRead the Press Release
In Pecos today, a federal jury convicted an Englewood, Colorado, resident after a three-day jury trial on six child exploitation offenses, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Gregg N. Sofer of the Western District of Texas.
Alvaro Castillo Jr, 64, a retired telecommunications network engineer, was found guilty of three counts of production of child pornography; one count of attempted production of child pornography; one count of transportation of child pornography; and one count of possession of child pornography.
According to trial evidence, in May 2018, Castillo traveled to his native country of Guatemala, and video-recorded himself sexually abusing a 13-year-old victim who was sleeping. Evidence from that video identified Castillo as the abuser. Further evidence also revealed that Castillo possessed and transported additional images of child pornography. Law enforcement agents discovered the child pornography evidence during an October 2019 search of a recreational vehicle he was driving at the U.S. – Mexico border.
Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney John Cannizzaro of the Western District of Texas are prosecuting the case. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, along with U.S. Customs and Border Protection 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.
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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.
Colorado Man Convicted of Production, Transportation, and Possession of Child PornographyRead the Press Release
An Englewood, Colorado, resident was convicted today after a three-day jury trial on six child exploitation offenses, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Gregg N. Sofer of the Western District of Texas.
Alvaro Castillo Jr, 64, a retired telecommunications network engineer, was found guilty of three counts of production of child pornography; one count of attempted production of child pornography; one count of transportation of child pornography; and one count of possession of child pornography.
According to trial evidence, in May 2018, Castillo traveled to his native country of Guatemala and video-recorded himself sexually abusing a 13-year-old victim who was sleeping. Evidence from that video identified Castillo as the abuser. Further evidence also revealed that Castillo possessed and transported additional images of child pornography. Law enforcement agents discovered the child pornography evidence during an October 2019 search of a recreational vehicle he was driving at the U.S.–Mexico border.
Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney John Cannizzaro of the Western District of Texas are prosecuting the case. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, along with U.S. Customs and Border Protection 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 year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Grand Jury Indicts Convicted Felon for Having a Destructive Device and Multiple Firearms inside his Austin ApartmentRead the Press Release
In Austin today, a federal grand jury indicted 38–year-old Erich Michael Wittwer for having a homemade destructive device in his apartment, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment charges Wittwer with one count of unlawful possession of a destructive device and one count of being a prohibited person, namely a convicted felon, in possession of a firearm.
According to court records, FBI agents executed a search warrant on the defendant’s residence on November 5, 2020. There, they discovered the destructive device and a total of seven firearms including five pistols, one 12 gauge shotgun and one .308 caliber semi-automatic assault rifle. Wittwer’s criminal history reveals prior felony convictions including two in 2009 for Assault Family Violence in Travis County, Texas.
Each charge calls for up to ten years in federal prison upon conviction. Wittwer remains in federal custody.
The FBI is investigating this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Kathryn Cherry 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.
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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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.
Austin Bank Robber's "Wild Ride" Ends in Lengthy Prison SentenceRead the Press Release
After describing his crime spree as a “wild ride,” 60-year-old Austin bank robber Rodney Glenn Green careened into a 35-year federal prison sentence today announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Fred Milanowski, Houston Division; Austin Police Chief Brian Manley; and San Marcos Police Chief Stan Standridge. U.S. District Judge Robert Pitman imposed Green’s sentence in United States District Court in Austin.
On January 15, 2020, a federal jury convicted Green of five counts of bank robbery, five counts of brandishing a firearm during a crime of violence, and one count of being a convicted felon in possession of a firearm after the jury found that Green robbed multiple Austin-area banks in 2018.
The evidence showed that while wearing a homemade mask, Green took a total of over $35,000 from four banks during the course of five robberies as follows:
- January 24, 2018 – approximately $4,000 from Chase Bank in Austin;
- February 8, 2018 – approximately $3,337 from BBVA Compass Bank in Austin;
- February 24, 2018 – approximately $11,939 from BBVA Compass Bank in Austin;
- April 7, 2018 – approximately $5,495 from BB&T Bank in Austin; and
- April 28, 2018 – approximately $10,841 from Bank of America in San Marcos.
Green committed all five bank robberies in a similar manner. While wearing gloves, a mask, and a dark hooded sweatshirt or jacket, he brandished a small semi-automatic handgun while demanding money from bank tellers. Approximately a day after the last of the five robberies, police officers and federal agents apprehended Green and searched his hotel room, vehicle, and storage unit pursuant to search warrants. In addition to finding currency still wrapped in bank straps that Green had in a bag on his person, law enforcement discovered a number of distinctive items in Green’s possession that were visible on surveillance images of the robberies.
From the storage unit police recovered a black hooded sweatshirt that appeared to match the one worn by the robber. They also found a small semi-automatic handgun with Green’s fingerprint on the magazine along with two pairs of work gloves recognizable from the surveillance images due to brand names and logos printed on the backs of the gloves. A pair of gloves recovered from Green’s vehicle was stained with pink dye, apparently from a dye pack that was among the bills that Green took from one of the robberies. The police also recovered a distinctive homemade mask that appeared to match the mask the robber wore during two of the robberies. The mask was located inside of a sleeve of the sweatshirt recovered from Green’s storage unit.
The FBI; Central Texas Violent Crimes Task Force; Bureau of Alcohol, Tobacco, Firearms and Explosives; Austin Police Department; and San Marcos Police Department investigated this case. Assistant U.S. Attorneys Matt Harding, Gabriel Cohen, Alan Buie, and Robert Almonte prosecuted this case for the government.
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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.
San Antonio Businessman Brian Alfaro Sentenced to Ten Years in Federal Prison on Mail Fraud ChargesRead the Press Release
In San Antonio today, a federal judge sentenced 51-year-old Brian Alfaro, owner of Primera Energy, LLC, to 121 months in federal prison for scheming to defraud investors in his company, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, U.S. District Judge Fred Biery ordered that Alfaro pay $9,922,428.63 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On February 13, 2020, a federal jury convicted Alfaro of eight counts of mail fraud. Evidence presented during trial revealed that from January 2012 to June 2015, Alfaro offered individuals the opportunity to invest in numerous oil and gas prospects, including the Screaming Eagle 4H Prospect in Gonzales County, Screaming Eagle 6H Prospect also in Gonzales County, and Black Hawk Horizontal Buda #1 Prospect. Investors mailed investment checks to Primera in San Antonio. Alfaro told investors their monies would be used for expenses related to operation of the prospects, however, Alfaro used investor funds to support his extravagant lifestyle to include purchasing a high-end Rolex watch and numerous luxury vehicles such as a Lamborghini, a Mercedes Benz and a Porsche. In addition, Alfaro purchased VIP season tickets to the San Antonio Spurs valued at approximately $100,000.
“Today’s ten-year prison sentence guarantees that Mr. Alfaro will not be driving his Lamborghini to his $100,000 VIP seats at the AT&T Center. Instead, he must work to pay back almost $10 million to the victims of his criminal scheme, while serving time in prison,” stated U.S. Attorney Sofer. “White collar crime undermines our economy and causes real damage to real people.”
Many of the victims in this case were retired or nearing retirement and the loss of the investment wiped out their retirement. One victim, a 76-year-old widow, had been using her investment to supplement her social security. She has now been forced to go back to work. A couple, who fell victims to Alfaro’s scheme, had saved up approximately $100,000 over 35 years. They have a daughter with disabilities that will require her to receive care for the rest of her life. The couple invested their entire savings hoping to expand the nest egg that they were building to provide care for their daughter after they pass away. That is all now gone. Many victims had to delay or rethink retirement plans as well as college plans for children and grandchildren.
“Alfaro convinced his victims to invest their hard earned money in profitable oil and gas ventures, but he stole their money and used it to finance an extravagant lifestyle,” stated FBI Special Agent in Charge Combs. “While some of his victims were wealthy investors, others trusted Alfaro with their entire life savings and will likely struggle financially for the rest of their lives. The sentence handed down today should serve as a warning to others who seek to victimize and betray investors in our community.”
USA Sofer commended the FBI and IRS-Criminal Investigation agents who investigated this case and Assistant U.S. Attorneys Gregory J. Surovic, Fidel Esparza, III, and Robert Almonte who prosecuted this case on behalf of the government.
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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.
Federal Grand Jury Indicts Five in Connection with a Factoring Scheme that Defrauded Banks in San Antonio of Millions of DollarsRead the Press Release
Today, federal authorities arrested three individuals charged in connection with a scheme to defraud several San Antonio financial institutions of more than $13 million, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Agents arrested the three San Antonio residents without incident—48-year-old Ronald Wayne Schroeder, 58-year-old Jill Martin Alvarado, and 78-year-old Phyllis Jo Martinez. Authorities in Del Rio, TX, arrested Alvarado’s 55-year-old husband, Rigo Alvarado, over the weekend. Martinez’s 56-year-old son, Ryan Martinez, is currently in state prison on unrelated charges.
A six-count federal indictment unsealed today charges all five named above with one count of conspiracy to commit bank fraud. In addition, Schroeder, Jill Alvarado, Ryan Martinez and Phyllis Martinez are charged with one count of conspiracy to commit money laundering. The indictment also charges Schroeder, Ryan Martinez and Phyllis Martinez with one count of conspiracy to launder monetary instruments. Schroeder is also charged with three counts of bank fraud.
Factoring—when a company sells specific accounts receivable to a third party at a discounted price in order to accelerate its cash flow—is the focus of the defendants’ fraudulent scheme. The indictment alleges that the defendants conspired to defraud various financial institutions of money through the factoring of false and fraudulent invoices. Beginning with Southwest Bank, then Bank of San Antonio (BOSA), and finally, TransPecos Bank, Schroeder sent false and fraudulent invoices of companies owned or controlled by the other defendants to be factored by the financial institutions. Schroeder and other co-conspirators would then use that money for their own personal enrichment or to pay off old invoices owed to the financial institutions much like a Ponzi scheme where money from new investors is used to pay old investors. The indictment identifies three companies that are involved in the scheme including: Nerd Factory, which was owned by Ryan Martinez and later, Phyllis Martinez; Alvy’s Logistics, which is owned by Jill and Rigo Alvarado; and, Republic Logistics, a fake company created and used by Schroeder to steal money for himself. According to the indictment, false and fraudulent invoices from Nerd Factory were factored by Southwest Bank and then BOSA. That money would then be used by the owners of Nerd Factory, Ryan Martinez and later, Phyllis Martinez, for legal fees in a pending criminal federal case or as unearned profit. Alvy’s Logistics and Nerd Factory also kicked back some of the money obtained to Schroeder.
In addition to using false and fraudulent invoices for actual companies, the indictment alleges that Schroeder submitted false and fraudulent invoices on behalf of Republic Logistics to BOSA which were then paid by BOSA. Schroeder used this money to, among other things, purchase high dollar goods such as cars, RVs, an airplane, boat, and beach house.
The indictment further alleges that Schroeder initially began this practice while being funded by Southwest Bank (FDIC insured). Schroeder fraudulently grew that portfolio until he was able to sell it all to BOSA (FDIC insured). The scheme continued and expanded while BOSA funded Schroeder. Schroeder also attempted to broker a subsequent deal whereby Trans Pecos Bank (FDIC insured) would purchase the fraudulent factored invoices.
Upon conviction, each bank fraud related charge is punishable for up to 30 years in federal prison; conspiracy to commit money laundering, up to 20 years in federal prison; and, conspiracy to launder monetary instruments, up to ten years in federal prison.
The FBI is conducting this ongoing investigation. Assistant U.S. Attorney Joseph Blackwell 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 defendants are 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.
Federal Grand Jury Charges Schertz Firearms Dealer in Wire Fraud SchemeRead the Press Release
In San Antonio, William Badberg, 44-year-old owner of Bullit Proof Arms in Schertz, TX, stands charged with a fraudulent scheme involving the sale of firearms on the internet, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio; and, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski, Houston Division.
A federal grand jury indictment unsealed today charges the Cibolo, TX, resident with twelve counts of wire fraud. According to the indictment, since January 2019, Badberg engaged in a scheme to defraud in which he advertised firearms for sale on the internet, including on a website he controlled, BullitProofArms.com. The indictment alleges that Badberg failed to deliver the firearms to the buyers despite receiving payment for the advertised firearms.
HSI agents arrested Badberg yesterday at his residence without incident. Upon conviction, wire fraud carries a maximum possible term of 20 years in federal prison.
HSI, ATF, and the Schertz Police Department are conducting this ongoing investigation with support and assistance from the Texas Attorney General’s Office.
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.
Schertz Man Sentenced to Federal Prison for Pointing Laser at San Antonio Police HelicopterRead the Press Release
In San Antonio today, a federal judge sentenced 39-year-old Justin John Shorey of Schertz, TX, to 51 months in federal prison after he pleaded guilty to aiming a laser pointer at a San Antonio Police Department helicopter, announced U.S. Attorney Gregg N. Sofer, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and San Antonio Police Chief William McManus.
In addition to the prison term, U.S. District Judge David A. Ezra ordered that Shorey be placed on supervised release for a period of three years after completing his prison term.
“Pointing lasers at law enforcement is extremely dangerous and can cause serious injury. This is particularly true when the pilots of an aircraft are involved,” stated U.S. Attorney Sofer. “Today’s 51-month prison sentence demonstrates the seriousness of this offense. We will aggressively prosecute anyone who purposely points a laser at an aircraft, endangering both people in the air and those in our communities on the ground.”
On November 20, 2019, Shorey pleaded guilty to aiming a laser pointer at an aircraft. According to the factual basis filed in this case, on February 17, 2019, Shorey knowingly aimed the beam of a laser pointer at an aircraft in flight. The San Antonio Police Department helicopter was flying just north of Highway 90 West, assisting in the search of a shooting suspect. When the laser beam made contact with the helicopter, it hit the pilot in the eyes affecting his ability to see and read his gauges.
At the time, the helicopter was flying in the path of the San Antonio International Airport, and Shorey’s actions endangered both civilian flights and the public on the ground. The pilot and his tactical officer onboard began a search for the laser suspect. Shorey admitted to aiming the laser at the aircraft once as it approached his location in the 2100 block of Hays Street in San Antonio and twice as it circled above him.
The pilot managed to land safely at the San Antonio International Airport. The injury to the pilot’s eyes caused by the defendant’s actions resulted in the pilot being unable to fly for a week.
“When aimed at an aircraft, the powerful beam of light from a hand-held laser can travel more than a mile and illuminate a cockpit, disorienting and temporarily blinding pilots. Lasing an aircraft represents a significant public safety threat, which endangers pilots, aircrew, passengers, and individuals on the ground, should an aircraft crash or require an emergency landing,” stated FBI Special Agent in Charge Combs. “This case should serve as a warning to others who engage in this dangerous criminal activity.”
“Actions such as lasering law enforcement helicopters are dangerous for the pilots assisting officers on the ground. I was glad to hear that the Department of Justice does not tolerate this behavior and held Mr. Shorey accountable for his actions,” stated San Antonio Police Chief McManus.
If you have information about a lasing incident, contact the San Antonio FBI at 210-225-6741. If you see someone pointing a laser at an aircraft, call the nearest local law enforcement agency immediately by dialing 911. Tips can also be submitted online at https://tips.fbi.gov.
The FBI and San Antonio Police Department conducted this investigation. Assistant U.S. Attorneys Mark Roomberg and William R. Harris prosecuted this case on behalf of the government.
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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.
Federal Agents Arrest El Paso Man Indicted for Healthcare Insurance SchemeRead the Press Release
In El Paso this morning, federal authorities arrested 65-year-old businessman Daniel Steadley for knowingly selling fraudulent healthcare insurance to customers and pocketing their monthly premiums, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Luis Quesada, El Paso Division.
A 19-count indictment unsealed today, charges Steadley with 15 counts of wire fraud and four counts of mail fraud. According to the indictment, from December 2014 through September 2018, Steadley operated two companies in El Paso which marketed and sold a healthcare insurance plan known as the Unique MEC Healthcare Plan (Plan). The indictment alleges that Steadley intentionally misled customers into purchasing the Plan for financial enrichment. Authorities estimate that Steadley stole approximately $1.5 million in premiums from unsuspecting victims during his scheme.
The indictment alleges that the defendant falsely claimed to customers that he was an attorney, an expert in healthcare law, and a veteran of the Armed Services. Furthermore, Steadley sold the healthcare insurance by making false claims that it was in compliance with the requirements of the Patient Protection and Affordable Care Act (ACA). Some of those false claims included that the Plan provided minimum essential healthcare coverage; that members of the Plan would not owe monies to the IRS for failure to comply with the ACA; that the Plan provided specific healthcare benefits, including maternity care and hospitalization; and, that specific healthcare providers were covered by the Plan. The indictment also alleges that Steadley caused others to issue IRS Forms 1095 to insurance agents and Plan members, which IRS Forms 1095 falsely stated Steadley’s companies provided minimum essential coverage to the listed individual.
Enacted into law in March 2010, the ACA required certain individuals to maintain minimum essential healthcare coverage. A qualified healthcare plan under the ACA requires the following ten essential healthcare benefits: (1) ambulatory patient services; (2) emergency services; (3) hospitalization; (4) maternity and newborn care; (5) mental health and substance use disorder services, including behavioral health treatment; (6) prescription drugs; (7) rehabilitative and habilitative services and devices; (8) laboratory services; (9) preventive and wellness service and chronic disease management, and; (10) pediatric services, including oral and vision care. The ACA also required healthcare insurance issuers to file with the IRS an IRS Form 1095 for every individual the healthcare insurance issuer provided minimum essential coverage.
Steadley faces up 20 years in federal prison upon conviction.
This indictment resulted from an investigation conducted by FBI special agents together with investigators from the U.S. Department of Labor - Employee Benefits Security Administration (EBSA) and the Texas Department of Insurance. An investigator with the Office of the Texas Attorney General Medicaid Fraud Control Unit and an El Paso County Constable provided assistant with today’s arrest. Assistant U.S. Attorney J. Chris Skillern 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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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.
Austin Man Faces Federal Charges for Illegally Possessing a Firearm and a Destructive DeviceRead the Press Release
In Austin today, federal authorities filed a criminal complaint against an Austin man for being a convicted felon in possession of a firearm and possession of a destructive device, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The criminal complaint charges 38-year-old Erich Michael Wittwer with one count of being a prohibited person in possession of a firearm, namely a convicted felon, and one count of unlawful possession of a destructive device. The criminal complaint alleges that while executing a search warrant in the defendant’s residence earlier today, federal agents discovered a .308 caliber semi-automatic assault rifle and a homemade destructive device.
According to the criminal complaint, Wittwer’s criminal history reveals two prior felony convictions in 2009 for Assault Family Violence in Travis County, Texas.
Each charge calls for up to ten years in federal prison upon conviction. Wittwer remains in federal custody following his arrest earlier today.
The FBI is investigating this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Travis County Sheriff’s Office. Assistant U.S. Attorney Kathryn Cherry 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 defendant is presumed innocent until proven guilty in a court of law.
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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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.
U.S. Attorney Gregg N. Sofer Appoints Assistant U.S. Attorney Matthew B. Devlin as Election Officer for the Western District of TexasRead the Press Release
Assistant U.S. Attorney (AUSA) Matthew B. Devlin will lead the efforts of the U.S. Attorney’s Office for the Western District of Texas in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election, announced U.S. Attorney Gregg N. Sofer. In that capacity, AUSA Devlin is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Sofer said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
“The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice,” stated U.S. Attorney Sofer.
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Sofer said that AUSA/DEO Devlin will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (512) 916-5858 or (512) 673-2979.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The San Antonio FBI field office can be reached by the public at (210) 225-6741; the El Paso FBI field office, (915) 832-5000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, that in the case of a crime of violence or intimidation in the vicinity of a polling place, members of the public should call 911 immediately, before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney Sofer said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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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.
Self-Proclaimed Boogaloo Bois Member Residing in San Antonio Arrested and Charged Federally with Illegally Possessing a FirearmRead the Press Release
A self-proclaimed Boogaloo Bois member residing in San Antonio faces a federal firearms charge, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
A federal criminal complaint filed yesterday in San Antonio charges 21–year-old Cameron Emerson Casey Rankin with one count of being a prohibited person in possession of a firearm as a result of previously being committed to a mental institution. FBI agents arrested Rankin Wednesday and recovered a black semi-automatic rifle during the execution of a search warrant at his residence. He remains in federal custody at this time.
According to the criminal complaint, Rankin was in unlawful possession of a firearm, with the capability and means to affect violence in furtherance of his beliefs and has expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS.
“Firearms in the hands of prohibited persons present a real danger to the law abiding residents of our community. When illegal firearms possession is combined with mental illness and violent, extremist ideologies, we have a prescription for disaster. Thanks to the efforts of the local, state and federal law enforcement agencies assigned to the San Antonio FBI’s Joint Terrorism Task Force (JTTF) and the ATF, our community is safer today. We will use the full breadth of federal firearms laws to ensure that prohibited persons do not possess or use guns in our neighborhoods,” stated U.S. Attorney Sofer.
The complaint states that Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018, but was denied the firearms transactions under the “Prohibited Category” for previously being committed to a mental institution.
After being warned by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that he was a prohibited person, Rankin posted pictures of himself with a firearm on social media. On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd. The next day, Rankin posted on his Facebook account photos of himself and others carrying a firearm at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.”
The complaint further alleges that on August 4, 2020, Rankin posted a “selfie” photo on his Facebook timeline showing him holding a black, semi-automatic rifle in a vertical position against his shoulder with his finger on the trigger. Rankin posted other photos which included a quote, stating, “Diligently Plotting to Take Over the World in order to Leave You Alone”.
On August 11, 2020, Rankin arrived at the airport in Manchester, New Hampshire. He flew out of San Antonio International Airport the previous day. Rankin checked a semiautomatic handgun in his luggage while at the ticket counter, but missed a connecting flight in Philadelphia, PA. Upon his arrival in Manchester, Rankin was met inside the terminal by ATF agents who served Rankin written notice that he is prohibited from possessing firearms. The agents also provided him with copies of his mental health records. Agents seized the handgun and ammunition from inside Rankin’s luggage. Rankin threw the notice letter and mental health records in the trash receptacle before leaving the airport terminal.
“San Antonio FBI’s Joint Terrorism Task Force, and each of the member agencies, are committed to working hard every day to keep our communities safe from violent extremists,” stated FBI Special Agent in Charge Combs. “We encourage members of the public to help us with this important and challenging effort by continuing to report suspicious activity or suspected acts of violence.”
Upon conviction, Rankin faces up to ten years in federal prison. Rankin is scheduled for a detention hearing at 10:00am on Wednesday, November 4, 2020, before U.S. Magistrate Judge Richard B. Farrer in San Antonio.
The San Antonio FBI’s JTTF is conducting this investigation with assistance from the ATF. Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case on behalf of the government.
This case falls with the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
This case is also a part of Project Guardian, which is the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the ATF when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and, ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
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.
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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.
Final Waco Drug Ring Conspiracy Defendant Sentenced to Federal PrisonRead the Press Release
In Waco today, a federal judge sentenced 33-year-old Jeremiah Hector Marquez to 327 months in federal prison for his leadership role in a Waco-based methamphetamine distribution operation. Marquez’s sentencing was the final sentence handed down in this indictment. All 20 indicted defendants were convicted in this case for their roles in the distribution scheme. Eighteen of the defendants received federal prison terms ranging from two years to life imprisonment. One defendant was sentenced to time served and one defendant received probation.
U.S. Attorney Gregg N. Sofer; Drug Enforcement Administration Special Agent in Charge Steven S. Whipple, Houston Division; FBI Special Agent in Charge Christopher Combs; Waco Police Chief Ryan Holt; Killeen Police Chief Charles Kimble; McLennan County Sheriff Parnell McNamara; and, Texas Department of Public Safety Director Steven McCraw made today’s announcement.
A federal grand jury indictment in August 2018 charged the defendants, including Waco resident and fellow ringleader Daniel Louis Lopez who is currently serving a life sentence, with conspiracy to possess with intent to distribute methamphetamine. From May 2017 to the time of indictment, these defendants were responsible for the distribution of more than twelve kilograms of methamphetamine throughout the Waco and Central Texas areas.
On April 2, 2019, Marquez pleaded guilty to the conspiracy charge. In addition to the prison term, U.S. District Judge Alan Albright ordered that Marquez pay a $5,000 fine and be placed on supervised release for a period of five years after completing his prison term.
“Methamphetamine or “meth” destroys lives. It’s a highly addictive poison and those that sell it are victimizing our communities. If you deal meth in Central Texas, you can expect to spend a long time in prison,” stated U.S. Attorney Sofer.
The DEA, FBI, U.S. Marshals Service, Texas Department of Public Safety, Waco Police Department, Killeen Police Department and the McLennan County Sheriff’s Office conducted this Organized Crime Drug Enforcement Task Force (OCDETF) investigation. Assistant U.S. Attorneys Mark Frazier and Christopher Blanton 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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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
Three Indicted in El Paso for Federal Firearms Violations under Project GuardianRead the Press Release
A federal grand jury in El Paso indicted three individuals for their roles in a scheme to straw purchase firearms and smuggle them into Mexico, announced U.S. Attorney Gregg N. Sofer and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Field Office. This case is being brought as part of Project Guardian, a Department of Justice initiative designed to address firearms related crime. It also highlights the Department of Justice’s efforts to stem the illegal flow of firearms into Mexico, where they are often used by criminal cartels to commit acts of extraordinary violence.
“We are absolutely committed to stemming the illegal flow of firearms into Mexico. If you are engaged in illegal gun trafficking, you can expect to be investigated and prosecuted. If you straw purchase a weapon, that is, lie about the true purchaser of a firearm, you face substantial time in federal prison,” stated U.S. Attorney Sofer.
A six-count federal grand jury indictment unsealed today in federal court in El Paso charges 37-year-old Herbert Serrano, a citizen of Mexico, 22-year-old El Paso resident Israel Ruiz Esparza and 21-year-old El Paso resident Raul Mendoza with one count of conspiracy to smuggle goods from the U.S.; one count of attempting to smuggle goods from the U.S.; and two counts of making a false statement during the purchase of a firearm. The indictment also charges Ruiz and Mendoza with one count of unlawful user in possession of a firearm.
Federal authorities in El Paso arrested Ruiz and Mendoza yesterday afternoon; Serrano, on Friday, October 23.
According to the indictment, the defendants allegedly conspired for approximately one month beginning in February 2020, to knowingly obtain firearms in the U.S. and export them to Mexico without a license. The indictment further alleges Mendoza provided false written information while allegedly straw purchasing a 9mm pistol for Serrano on March 2, 2020. The indictment also alleges that Ruiz provided false written information while allegedly straw purchasing three 9mm pistols for Serrano on March 26, 2020. Furthermore, at the time of the firearms purchases, both Ruiz and Mendoza knew that they were unlawful users or addicted to a controlled substance making them prohibited persons from possessing firearms under federal law.
“ATF and it’s partners are fully committed to preventing the flow of illegal firearms to Mexico. If you are involved in this, you are now on notice that the ATF will investigate and eventually arrest you,” stated ATF Special Agent in Charge Boshek.
Each count calls for up to ten years in federal prison upon conviction. The defendants remain in federal custody pending detention hearings. Serrano is scheduled for tomorrow at 8:15am before U.S. Magistrate Judge Leon Schydlower. Ruiz and Mendoza are expected to have their detention hearing sometime next week in U.S. Magistrate Court in El Paso.
The ATF is conducting this investigation. Assistant U.S. Attorney Alejandro G. Ortega 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.
This Project Guardian case is among more than 350 pending firearms cases in the Western District of Texas.
Project Guardian is the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and, ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
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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.
Federal Law Enforcement Arrest Three Citizens of Mexico for Methamphetamine/Heroin Distribution Operation in San Antonio and South TexasRead the Press Release
Federal and state authorities arrested three citizens of Mexico today for their roles in a methamphetamine and heroin distribution operation, announced U.S. Attorney Gregg N. Sofer and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.
Those arrested today include: 27-year-old Daisy Menera and 22-year-old Jose Adam Alejandre-Navarro in Houston, TX; 46-year-old Manuel Montoya, in San Angelo, TX.
A federal grand jury indictment unsealed today charges those arrested, along with three other citizens of Mexico who were already in custody prior to today, with conspiracy to distribute methamphetamine and heroin. The other indicted defendants include: 47-year-old Marco Antonio Morales-Perez, 23-year-old Christopher Valenzuela Ramirez, and 44-year-old Israel Villegas Alcantar.
The indictment alleges that under the leadership of Morales-Perez, this organization was responsible for the coordination and distribution of over 80 kilograms of methamphetamine from Mexico to San Antonio and other areas in South Texas from June 2018 to February 2020. According to the indictment, Morales-Perez coordinated narcotics deliveries from within the Great Plains Correctional Institution in Hinton, OK, using contraband cell phones smuggled into the facility by way of drones.
“The idea that Mexican nationals can sell poison to Texans using drones and smuggled cell phones while serving time in a U.S. prison should worry us all. As transnational criminal organizations become more sophisticated, law enforcement must be given the support, tools, and resources to stop them. Thanks to the combined efforts of our partners in the DEA, FBI, Federal Bureau of Prisons, Bexar County Sheriff’s Office, and the San Antonio Police Department, these defendants will now be held accountable,” stated U.S. Attorney Sofer.
“Methamphetamine and heroin are vicious drugs that continue to cause horrific damage in too many of our communities,” stated DEA Special Agent in Charge Whipple. “These indictments and arrests, as part of Operation Shawshank, conclude a 28-month investigation and demonstrate the level of sophistication utilized by the criminal organizations and the challenges faced by law enforcement. The coordination and management of drug trafficking from within a correctional facility by these subjects underscores this and it is only through the professionalism of law enforcement on both sides of the border that these successes can be achieved.”
To date, authorities have seized approximately 70 kilograms of methamphetamine and seven kilograms of heroin attributable to this drug trafficking organization.
Upon conviction, defendants face between ten years and life in federal prison. All of those arrested today remain in federal custody. Detention hearings are expected to occur next week in U.S. Magistrate Court in San Antonio.
The DEA, FBI, Federal Bureau of Prisons, Bexar County Sheriff’s Office and the San Antonio Police Department are conducting this Organized Crime Drug Enforcement Task Force (OCDETF) investigation with assistance from the Internal Revenue Service-Criminal Investigation, Texas Department of Public Safety, Leon Valley Police Department, Hollywood Park Police Department, Castle Hills Police Department and Live Oak Police Department. Assistant U.S. Attorney Eric Fuchs 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.
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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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.
Killeen Woman Sentenced to 205 Months in Federal Prison for Two Bank RobberiesRead the Press Release
In Waco, a federal judge sentenced 23-year-old Killeen, TX, resident Eboni Siamone McMurray to 205 months in federal prison in connection with two armed bank robberies, announced U.S. Attorney Gregg N. Sofer, FBI San Antonio Division Special Agent in Charge Christopher Combs and Killeen Police Chief Charles F. Kimble.
During a sentencing hearing on Wednesday, U.S. District Judge Alan Albright sentenced McMurray to 37 months in federal prison on two bank robbery charges consecutive to 168 months in federal prison on two firearms charges. Judge Albright also ordered that McMurray pay $5,887 in restitution and be placed on supervised release for a period of five years after completing her prison term.
On June 23, 2020, McMurray pleaded guilty to two counts of bank robbery and two counts of brandishing a firearm during a crime of violence. By pleading guilty, McMurray admitted that on January 24, 2020, she entered the First Texas Bank in Killeen, approached a teller and removed a handgun from her bag. She then pulled the handgun slide to the rear as if chambering a round. A teller placed money into the bag before McMurray exited the bank.
McMurray further admitted that on the afternoon of February 12, 2020, she entered the First National Bank Texas located in the 4300 of East Central Texas Expressway in Killeen, approached a teller and demanded that the teller “fill the bag.” Court records state that McMurray then pointed a firearm directly at the teller, told the teller she had five seconds to comply, and began counting down from five. The teller filled the bag with money as instructed just before McMurray exited the bank.
Based on video surveillance from the scene, investigators were able to identify and subsequently locate McMurray’s vehicle. FBI agents and Killeen Police officers, with assistance from the U.S. Marshals Service, arrested McMurray at her residence without incident the following day. She has since remained in federal custody.
The FBI and Killeen Police Department investigated this case. Assistant U.S. Attorney Greg Gloff prosecuted this case on behalf of the government.
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.
Federal Grand Jury Returns Indictment in Connection with the Largest Liquid Methamphetamine Seizure by FBI in the El Paso AreaRead the Press Release
In El Paso, a federal grand jury indicted two individuals for possessing approximately 512 pounds of liquid methamphetamine, announced U.S. Attorney Gregg N. Sofer and FBI Acting Special Agent in Charge Britton Boyd.
The indictment, returned this week, charges 38-year-old El Paso resident Juan Francisco Padilla and 41-year-old Jamie Cuaron Garcia, a Mexican citizen living in El Paso, with one count of conspiracy to possess a controlled substance with intent to distribute and one substantive count of possession of a controlled substance with intent to distribute.
Court documents allege that on October 15, 2020, El Paso Police stopped a vehicle being driven by Padilla for a traffic violation. After obtaining consent to search the vehicle, officers discovered ten plastic containers filled with liquid methamphetamine and approximately $37,700 in U.S. Currency inside his vehicle. During a subsequent search of Padilla’s residence, authorities seized suspected drug distribution proceeds amounting to $2,000 in U.S. Currency and two firearms. Further investigation revealed that Cuaron assisted Padilla in the distribution of methamphetamine. The indictment further alleges that the defendants have been involved with their distribution scheme since September 2020.
Upon conviction, Padilla faces between 15 years and life in federal prison due to a previous felony drug conviction; Garcia, between ten years and life in federal prison. Both remain in federal custody at this time.
Members of the FBI’s Transnational Organized Crime Taskforce (TOC) are investigating this case. The TOC includes agents and investigators from the Drug Enforcement Administration, U.S. Customs and Border Protection and the El Paso Police Department.
“Methamphetamine or ‘meth’ is poison. It destroys lives and leads to nothing but tragedy and suffering. Those who profit from peddling this poison must be held accountable. I want to thank the FBI’s Transnational Organized Crime Taskforce for working to protect the El Paso community and for taking an enormous quantity of meth off of our streets,” stated U.S. Attorney Gregg N. Sofer.
“These arrests and seizures show the FBI’s resolve to target transnational criminal organizations bringing liquid methamphetamine and other dangerous drugs into the El Paso area,” said FBI Acting Special Agent in Charge Britton Boyd. “Our Transnational Organized Crime Taskforce was able to keep these dangerous drugs out of our communities and deny approximately 1.8 million dollars in illicit proceeds from a dangerous criminal organization.”
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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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.
Costa Rican Living in El Paso Indicted for Fraudulent Lottery Scheme -- Stole more than One Million Dollars from Unsuspecting IndividualsRead the Press Release
In El Paso, the federal grand jury indicted 39-year-old Allan Francisco Castrillo Bastos, a citizen of Costa Rica residing in El Paso, in connection with a scheme to steal over $1 million from dozens of unsuspecting individuals who believed they had won the lottery and had to pay a tax in advance of receiving their winnings. On Wednesday, Castrillo Bastos waived arraignment and entered a plea of not guilty to the charges contained in the indictment.
That announcement was made by U.S. Attorney Gregg N. Sofer; Acting FBI Special Agent in Charge Britton Boyd, El Paso Division; Special Agent in Charge Scott Redington of the Office of Inspector General for the Board of Governors of the Federal Reserve System-Bureau of Consumer Financial Protection; and, Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division.
A 13-count federal grand jury indictment charges the defendant with conspiracy to commit wire fraud, ten counts of wire fraud, making a false statement to obtain credit and conspiracy to commit money laundering. The indictment alleges that the defendant participated in, or caused, a series of fraudulent wire transfers between August 2018 and March 2019. The victims wire transferred funds to the defendant believing they won the lottery and needed to pay taxes before collecting any prize money. Subsequently, the defendant transferred the fraudulently obtained funds to accounts outside the U.S. As a result, Castrillo Bastos pocketed over $1 million from dozens of unsuspecting individuals. One of those victims was a resident in the Salem, NJ, area who lost approximately $170,000 to Castrillo Bastos.
Furthermore, the indictment alleges that in March 2019, Castrillo Bastos knowingly made a false statement on an application for renewal of a loan or line of credit with a financial institution. Castrillo Bastos misrepresented his income by failing to disclose that it was fraudulently obtained and he disguised the income as derived from the sale of Bitcoin.
The indictment also includes a notice of criminal forfeiture in which the government is seeking to forfeit proceeds derived from his scheme as well as a money judgment against Castrillo Bastos in the amount of $1,219,357.42.
Upon conviction, Castrillo Bastos faces up to 30 years in federal prison for making a false statement to obtain credit; up to 20 years in federal prison for each of the remaining counts. Castrillo Bastos remains on $75,000 bond following his arrest last week. No further court dates have been scheduled.
FBI, OIG-Board of Governors of the Federal Reserve System-Bureau of Consumer Financial Protection, and HSI are conducting this ongoing investigation. Assistant U.S. Attorney John Johnston 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 presumed innocent until proven guilty in a court of law.
If you believe you are a victim of internet-based fraud activity, please visit the FBI’s Internet Crime Complaint Center website at https://www.ic3.gov/default.aspx.
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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.
33 Latin King Members and Associates Convicted and Sentenced to Lengthy Federal Prison Terms for Racketeering OffensesRead the Press Release
In Del Rio, a federal judge has sentenced 33 members and associates of the Austin, San Antonio and Uvalde Chapters of the Latin King’s Central Region of Texas from 45 to 288 months in federal prison for their roles in a racketeering scheme, announced U.S. Attorney Gregg N. Sofer, Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, FBI Special Agent in Charge Christopher Combs, Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Texas Department of Public Safety (TXDPS) Director Steven McCraw, and Uvalde Police Chief Daniel Rodriguez.
According to court records, the defendants have operated a criminal enterprise in Central Texas for ten years beginning in 2005. Under the leadership of Texas-Central Region “Inca” Pete Perez in Austin (188 mos.), San Antonio Chapter “Inca” Joe Pierce (aka “Dro”) (252 mos.) and Uvalde Chapter “Incas” James Marty Long (aka “Whiteboy”) (264 mos.) and Jacob Mariscal (aka “Righteous”) (250 mos.), the defendants conspired to carry out unlawful acts including attempted murder, assault with a dangerous weapon, extortion, robbery, various firearms offenses and drug distribution involving marijuana, cocaine and methamphetamine.
Charges included conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute to include ten attempted murders, approximately ten assaults and various other acts of violence committed as a result of a prospect initiation, leaking of sensitive information to a non-Latin King member, breaking an organizational rule, retaliation against rival gang members, and for unpaid drug distribution debts.
“Violent gangs like the Latin Kings are made up of members who wake up each and every day intent on committing violence, dealing drugs, breaking our laws and threatening our social fabric. Simply put, they cannot be allowed to run unchecked in our streets,” stated U.S. Attorney Sofer. “Thanks to the hard work of Assistant United States Attorney Amy Hail, and the extraordinary efforts of HSI, DEA, and the Texas DPS, our community is safer. The sentences announced today ensure that these gang members will no longer be in a position to shoot, rob, extort or peddle poison in the Western District of Texas.”
Among the overt acts described in court documents are:
- In 2008, Latin King members assaulted a rival gang member by beating about his head, face and body with rocks, bats, and glass bottles.
- In 2009, Latin King members conspired to shoot a rival gang member in retaliation for the stabbing of a Latin King member and supplied the gun for the retaliatory shooting.
- In 2009, Latin King members struck a rival gang member in the head with a brick, and then brandished a shotgun while stating “I’m going to kill you” over a gang related dispute. That individual suffered non-life threatening injuries.
- In 2009, Latin King members engaged in a fistfight with rival gang members at a gas station and during that fight one of the Latin King members drove a vehicle into a group of rival gang members.
- In 2010, Latin King members used two females to lure two rival gang members to a residence where they were stabbed, punched, kicked, and beaten with a baseball bat.
- In 2010, Latin King members assaulted a rival gang member by beating him, striking him with a beer bottle, and stabbing him.
- In 2011, Latin King members engaged in a fight with rival gang members at a bar over a gang dispute, which resulted in the death of a Latin King member.
- In 2012, Latin King members attempted to murder a rival gang member by shooting at individuals standing in front a residence, causing a non-gang member to be hit by a stray bullet.
- In 2013, Latin King members attempted to murder a rival gang member by shooting him with a shotgun, stabbing him with a knife, and hitting him in the head with a brick while beating him in retaliation for previous fight the individual had with a Latin King member.
“Violent gangs have no room here in south Texas,” stated HSI Special Agent in Charge Folden, San Antonio Division. “These significant sentences take dangerous gang members off the streets and weaken the larger illicit organization. HSI will continue to stand united with local, state and federal law enforcement partners to dismantle these criminal organizations in an effort to protect our communities.”
“These federal prison sentences sends a clear message that the FBI and our law enforcement partners will continue to work diligently to disrupt and dismantle gangs and rid our streets of these criminals and the violence associated with their activities,” said FBI Special Agent in Charge Combs. “Communities and neighborhoods which this gang has impacted through drug dealing and violence deserve to be able to peacefully go about their daily lives without fear.”
“The sentencing of these 33 violent Latin King gang members sends a clear message to all who engage in violent criminal activity: DEA and our law enforcement partners will bring them to justice, no matter where they are or how long it takes,” stated DEA Special Agent in Charge Whipple, Houston Field Office.
HSI, FBI, DEA, TXDPS and the Uvalde Police Department investigated this case. Assistant U.S. Attorney Amy M. Hail prosecuted this case on behalf of the government.
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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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.
2nd Austin-Based Nigerian National Sentenced to Federal Prison for Role in Furthering a Conspiracy to Commit Money LaunderingRead the Press Release
In Austin today, a federal judge sentenced a Nigerian National residing in Austin to 51 months in federal prison for his participation in a conspiracy that laundered more than $1.7 Million in Business Email Compromise (BEC) scam proceeds stolen from multiple companies, announced U.S. Attorney Gregg N. Sofer; Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio; and, Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service (USPIS), Houston Division
In addition to the prison term, U.S. District Judge Robert Pitman ordered that 33–year-old Nosa Onaghise pay $1,639,419.57 in restitution; pay a $230,000 money judgment; forfeit $14,282.50 seized from a bank account; and, be placed on supervised release for a period of three years after completing his prison term.
In a BEC scheme, scammers target businesses and individuals making wire transfer payments, often targeting employees with access to company finances. The scammers trick the employees into making wire transfer payments to bank accounts thought to belong to trusted partners—except the money ends up in accounts controlled by the fraudsters. Sometimes the scammers use computer intrusion techniques to alter legitimate payment request emails, changing the recipient bank accounts. Sometimes they send spoofed emails from email addresses similar to the real email accounts used by trusted partners.
On December 12, 2018, Onaghise pleaded guilty to one count of passport fraud admitting to attempting to use a false, forged or counterfeit passport to open several bank accounts in the U.S. in 2018, in furtherance of the fraud scheme.
On December 20, 2019, Joseph Odibobhahemen, a 28-year-old Nigerian citizen formerly residing in Austin and Onaghise’s co-defendant, was sentenced to 78 months in federal prison for his role in the fraud scheme.
Court records in this indictment (A18CR358), and the indictment also returned in Austin against four other coconspirators (A19CR78), show that between November 2016 and April 2019, over $10 million was allegedly sent by victims to accounts controlled by the conspirators, who were able to take in excess of $6 million before law enforcement or financial institutions stopped the fraudulent transfers. Onaghise, Odibobhahemen and the others acquired or controlled dozens of bank accounts opened in the U.S., including in Austin, utilizing fraudulent identification documents, including fraudulent foreign passports in fake names. Once the funds were fraudulently procured and deposited into these bogus accounts, the defendants worked quickly to withdraw or transfer the funds.
The four additional co-conspirators—Bameyi Omale, Chinonso Agbaji, Igho Calaba and Chibuzor Uba—have all pleaded guilty and are currently serving lengthy federal prison terms: Omale, 135 months; Agbaji, 78 months; Calaba, 30 months; and Uba, 36 months.
“Scammers and fraudsters beware! We will bring the full weight of federal law enforcement down on those who prey on the legitimate business community here in Austin and elsewhere in this district,” stated U.S. Attorney Sofer. “The sentence and restitution order handed down today demonstrate the serious nature of these offenses - offenses that damage our economy and harm innocent victims. If you are engaged in this shameful and illegal activity, you can expect to go to federal prison.”
“This federal investigation uncovered a sophisticated scheme to steal from U.S. businesses,” said HSI San Antonio Special Agent in Charge Folden. “These types of crimes cost U.S. citizens hundreds of millions of dollars each year to finance criminal organizations around the world. HSI and its law enforcement partners will continue to do everything possible to stop this kind of fraud and to protect the citizens of the United States.”
“Technological advancements have led to the sophistication of fraudulent schemes,” stated USPIS Inspector in Charge Gonzalez. “However, no matter what their scheme may be, if criminals use the U.S. Mail in furtherance of it, they will face the full investigative force of the Postal Inspection Service. Postal Inspectors will work tirelessly with our law enforcement partners, such as HSI, to ensure these fraudsters are brought to justice.”
Special agents with HSI and USPIS investigated this case. Assistant U.S. Attorneys Michael Galdo and Keith Henneke prosecuted this case on behalf of the Government.
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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.
Project Safe Neighborhoods Result in Arrest of Six Members of “Killas with Aggression” in TempleRead the Press Release
In Temple, Texas, this morning, federal, state and local law enforcement arrested six members and associates of Killas With Aggression (KWA), announced U.S. Attorney Gregg N. Sofer, FBI Acting Special Agent in Charge Stephen Kam, and Temple Police Chief Shawn Reynolds.
A federal grand jury indictment, unsealed today, charges three individuals who were arrested today, along with six other KWA members who were already in custody, with racketeering, Hobbs Act violations and federal drug trafficking charges. Those indicted defendants arrested today without incident include: Jason Mayse, age 39; Christopher Meyers (aka “CJ”), age 24; and, Reginald Williams (aka “Reggie”), age 27. The six indicted defendants already in custody prior to today include: Desmond Wilkerson (aka “Mookie”), age 27; Atorius Marquis Williams (“Lil Man”), age 23; Demonta Daniels (aka “Tado”, “Tato”), age 21; Trashawn Lamar Alexander (aka “Mad Max”), age 26; James Roy Whitfield, Jr. (aka “Snoop”, “Snoopy”), age 27; and, Jyraciel Whitfield (aka “Raci”), age 24. A seventh indicted defendant, 25-year-old Dominic Johnson (aka “Dumbway”). Johnson, is considered a fugitive.
Defendants Wilkerson, Atorius Williams, Daniels, Whitfield and Meyers are charged with conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) Act. The indictment alleges that those five conspired with others to commit five murders, multiple violent assaults, extortion, drug trafficking and armed robberies in furtherance of the criminal enterprise. Specifically, the indictment alleges five overt acts to include murder—one committed on November 26, 2015, by Williams in Hearne, Texas; the second, committed by Williams and Daniels on September 30, 2017, in Belton, Texas; the third, committed by Williams and Alexander on December 10, 2017, in Temple; the fourth, committed by Williams and Daniels on January 16, 2018, in Temple; and the fifth, committed by Williams, Daniels and Alexander on January 31, 2018, in Temple. The RICO conspiracy charge also alleges the defendants committed multiple assaults resulting in serious bodily injury and armed robberies against various individuals for not using KWA as their source of supply for narcotics distribution.
The indictment also charges all of the defendants with the exception of Mayse, with conspiracy to violate the Hobbs Act, or affect commerce by robbery. The indictment alleges that since September 2017, the nine defendants conspired to affect commerce by robbery, committing acts of physical violence and threatening to commit acts of physical violence to steal controlled substances and proceeds from persons engaged in illegal drug distribution. Several of the defendants, including Atorius Williams, Meyers, Reginald Williams, Daniels, Whitfield and Alexander are also charged with brandishing a firearm during a crime of crime of violence, namely robbery. Atorius Williams and Whitfield are also charged with discharging a firearm during a crime of violence.
The indictment further charges Johnson, Wilkerson and Mayse with conspiracy to possess with intent to distribute marijuana. According to the indictment, the three KWA gang members are responsible for trafficking over 100 kilograms of marijuana throughout Central Texas since 2014.
A related federal criminal complaint unsealed today, charges 25-year-old KWA affiliate and Temple resident Christopher Kelso (aka “Money Montana”), 21-year-old KWA associate and Temple resident Emanuel Padilla and 22-year-old KWA member and Temple resident Darius Hellums (aka “Bighomie Dlove”) with conspiring to violate the Hobbs Act. The criminal complaint alleges that on July 14, 2019, Kelso, Padilla, and Hellums, whom federal, state and local authorities arrested today, robbed a Temple residence which resulted in an occupant being shot by one of the defendants causing serious bodily injury. The complaint alleges that the defendants targeted the occupants of the house due to the sale of marijuana and firearms at that location.
“The unsealed indictment reveals a reign of terror, perpetrated by a violent enterprise, resulting in death and suffering on a frightening scale. We will use all of our federal resources and the full force of federal statutes like RICO to prevent violent criminals from running unchecked and undeterred throughout our communities,” stated U.S. Attorney Sofer.
“The indictments and arrests announced today come after years of hard work,” said FBI San Antonio Division Special Agent in Charge Christopher Combs. “These self-proclaimed ‘Killas With Aggression’ committed numerous violent acts to control the distribution of illegal drugs in East Temple through fear and intimidation. Families and children deserve to live peacefully in their neighborhoods and not be poisoned and victimized by violent groups. Our message is clear. The FBI, the U.S. Attorney’s Office and our law enforcement partners will find dangerous criminals and hold them accountable.”
“The City of Temple and central Texas area is a safer place with these violent offenders off the streets. Organized crime and crime that victimizes the community should not be tolerated and it is my hope that this operation sends a message that this type of activity will not be tolerated in the City of Temple,” stated Temple Police Chief Reynolds.
The defendants remain in federal custody. Upon conviction of the RICO conspiracy charge, the defendants face up to life in federal prison. Upon conviction of the Hobbs Act conspiracy, the defendants face up to 20 years in federal prison. Upon conviction of conspiracy to possess marijuana with intent to distribute, the defendants faces between five and 40 years in federal prison. Upon conviction of possession of a firearm during a crime of violence, the defendants face not less than seven years in federal prison consecutive to any other prison term. Upon conviction of discharging a firearm during a crime of violence, the defendants face a mandatory ten years in federal prison consecutive to any other prison term.
The FBI, Temple Police Department, Belton Police Department, Bell County Organized Crime Unit, U.S. Postal Inspection Service, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Texas Department of Public Safety (DPS), Cameron Police Department, and Hearne Police Department are conducting this investigation. The Killeen Police Department and Bell County Sheriff’s Department provided valuable assistance with today’s arrests. Assistant U.S. Attorney Christopher Blanton is prosecuting these cases on behalf of the government.
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.
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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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.
San Antonio Return Preparer Pleads Guilty in Tax Fraud SchemeRead the Press Release
A San Antonio, Texas, tax return preparer pleaded guilty today to aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Gregg N. Sofer of the Western District of Texas.
According to court documents and statements made in court, between 2013 and 2017, in San Antonio, Copperas Cove, and Killeen, Texas, Telesa Hall, 44, operated Precision Efile Tax Services, a tax preparation business. During the course of the scheme, Hall prepared at least 51 fraudulent tax returns, which sought to generate inflated refunds for her clients. Among other things, Hall falsely claimed on some of the returns substantial business losses, which artificially lowered her clients’ reported taxable income.
Sentencing is scheduled before U.S. District Court Jeffrey C. Manske. Hall faces a statutory maximum of three years in prison as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Sofer commended special agents or IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys William B. Guappone and Francesca L. Bartolomey, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Two Arrested for Federal Firearms Violations Under Project GuardianRead the Press Release
Under Project Guardian, Patrick Rene Vega, 26 of San Antonio, and Juanita Cisneros Garcia, 44 of Devine, TX, face federal firearms charges in connection with a June 2019 murder-suicide in Devine, announced U.S. Attorney Gregg N. Sofer and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski, Houston Field Office.
A four-count federal grand jury indictment unsealed today charges Garcia and Vega with one count of conspiracy to possess a firearm by a prohibited person under a family violence protective order. The indictment also charges Garcia with two substantive counts of aiding and abetting possession of firearm by a prohibited person—an individual under a family violence protective order; and, a convicted felon. The indictment also charges Vega with one count of making a false statement during the purchase of a firearm.
The indictment alleges that in June 2019, the defendants conspired to knowingly obtain a firearm for Garcia’s former spouse and convicted felon, Jorge Jaramillo. On June 28, 2019, Vega provided false written information while allegedly straw purchasing a .22 caliber pistol on behalf of Jaramillo from a pawn shop in San Antonio. At that time, Jaramillo, a convicted felon and subject to a protective order issued following a family violence incident, was prohibited from possessing a firearm. The protective order, issued in May 2019 after Jaramillo stabbed his intimate partner, Jessica Sanchez, prohibited him from contact or attempted use or threat of physical force against Sanchez. According to the indictment, Jaramillo, aided by Garcia, shot and killed Sanchez on June 30, 2019, using the firearm illegally acquired by Vega. After killing Sanchez, Jaramillo turned the firearm on himself and committed suicide.
The conspiracy charge calls for up to five years in federal prison upon conviction. Each of the remaining charges call for up to ten years in federal prison upon conviction. Federal authorities arrested Vega this morning; Garcia, yesterday afternoon. Both defendants remain in federal custody pending a detention hearing anticipated for next week in U.S. Magistrate Court in San Antonio.
This Project Guardian case is among approximately 350 pending firearms cases in the Western District of Texas. The ATF, Texas Rangers and Devine Police Department are conducting this investigation. Assistant U.S. Attorneys Bettina J. Richardson and Matthew W. Kinskey are prosecuting this case on behalf of the government.
Project Guardian is the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and, ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
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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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.
Federal Grand Jury in San Antonio Indicts Two in Health Care Fraud SchemeRead the Press Release
In San Antonio today, federal authorities arrested a former employee of medical services provider Kindred Home Health (KHH) for her role in prescription fraud and home health kickback schemes, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS), Southwest Field Office.
An eleven-count indictment unsealed today, charges 37-year-old former KHH employee Amber Price and 46-year-old Christopher Cruz, owner of a medical marketing business, CP Cruz Management Group, LLC (Cruz), with one count of conspiracy to violate the federal anti-kickback law. Price is also charged with four counts of soliciting and receiving illegal kickbacks; one count of conspiracy to commit Health Care Fraud; and, five counts of Health Care Fraud and aiding and abetting Health Care Fraud.
According to the indictment, from June 2014 to April 2019, Price created fraudulent prescriptions which were submitted for payment to federal health care benefit programs including Medicare, Medicaid, FEHBP, TRICARE and other private insurance companies. The indictment also alleges that Price and Cruz solicited and received monies from various pharmacies and laboratories to increase their volume of signed prescriptions, lab analysis and other billable procedures. Price used actual hospital patient information she obtained to create fraudulent prescription forms. To facilitate her scheme, she allegedly forged physician’s signatures on prescription forms or used pre-signed or photo copied prescription forms. Price and Cruz accepted financial kickbacks paid by pharmacies on a per-prescription basis once they received payment from the insurance companies. During the scheme, Price was paid over $250,000 in kickbacks by multiple different marketers.
Charges of conspiracy to violate the federal anti-kickback law and soliciting and receiving illegal kickbacks call for up to five years in federal prison upon conviction. Charges related to Health Care Fraud call for up to ten years in federal prison upon conviction.
This indictment resulted from an investigation conducted by FBI special agents together with investigators from the Texas Medicaid Fraud Control Unit, the Department of Defense OIG - Defense Criminal Investigation Service, Health and Human Services OIG and the Office of Personnel Management OIG. Assistant United States Attorney Justin Chung 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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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.
Project Guardian Efforts Result in 14 Federal Grand Jury Indictments this Week in the Western District of TexasRead the Press Release
Over the last seven days, federal grand juries in the Western District of Texas returned indictments charging 15 individuals with various firearms-related offenses under Project Guardian, announced U.S. Attorney Gregg N. Sofer.
In San Antonio, the grand jury returned three Project Guardian indictments charging four defendants. In the first indictment, 39-year-old George Martinez, Jr., of San Antonio, faces up to ten years in federal prison upon conviction for being a convicted felon in possession of a firearm. His criminal history includes a 2007 conviction in Bexar County for Assault Causing Bodily Injury to a Family Member as well as a 2017 felony drug possession conviction. In the second indictment, 71-year-old Juan Higinio Alvarado of San Antonio is alleged to have straw purchased multiple firearms and conspired with 66-year-old Juan Jose Nunez-Rubvalcaba, a citizen of Mexico, to smuggle those firearms into Mexico. Both face up to ten years in federal prison upon conviction. In the third indictment, 25-year old Jimi Ray Guzman is charged with one count of conspiracy to possess methamphetamine with intent to distribute, two counts of possession of methamphetamine with intent to distribute, one count of possession of a firearm during a drug trafficking crime and two counts of being a convicted felon in possession of a firearm. Upon conviction of all charges, Guzman faces between ten years and life in federal prison.
In Del Rio, the grand jury returned two indictments charging defendants with being illegal aliens in possession of a firearm. One indictment alleges that Mario Monreal-DeLeon, a 49–year-old Mexican citizen, possessed five firearms and approximately 175 rounds of ammunition he stole and attempted to smuggle into Mexico near the Eagle Pass area on August 23, 2020. The second indictment alleges that 33-year-old Israel Villa-Morguia, a Mexican citizen, possessed a .45 pistol and ammunition. Border Patrol agents discovered Villa-Morguia hiding in brush near the Uvalde Checkpoint on September 20, 2020. Both defendants face up to ten years in federal prison upon conviction.
In Waco, the federal grand jury returned indictments charging eight defendants with violations of unlawful possession of a firearm by a prohibited person who is either under indictment or a convicted felon. Two of the indictments relate to domestic violence offenses. In the first indictment, 43-year-old Luis Emetrio Gonzalez, of Belton, TX, faces up to ten years in federal prison upon conviction for being a convicted felon in possession of a firearm. Belton police officers responding to a family disturbance call on February 8, 2020, discovered Gonzalez in possession of an AR-15 rifle and a .380 caliber pistol. The criminal history for Gonzalez reveals three prior felony convictions for drug possession and burglary of a building dating back to 2007. In the second indictment, 37-year-old Robert Lewis Stephens, Jr., of Waco, faces up to ten years in federal prison upon conviction of being a convicted felon in possession of a firearm. On May 9, 2020, Waco Police officers responding to a domestic-violence-with-a-gun call, found Stephens in possession a 9mm semi-automatic pistol. The criminal history of Stephens reveals a 2009 conviction in McLennan County for Aggravated Assault with a Deadly Weapon and two felony cocaine possession convictions in McLennan County—one in 2001 and one in 2009.
In Pecos, the federal grand jury returned a one-count indictment charging 48-year-old Bernabe Cota Arce, a citizen of Mexico, with being an illegal alien in possession of two 9mm semi-automatic pistols. According to court records, Arce was attempting to smuggle the firearms into Mexico on September 5, 2020, through the Presidio Port of Entry. Upon conviction, Arce faces up to ten years in federal prison.
These cases are among approximately 350 pending illegal possession of firearms cases in the Western District of Texas.
“Firearms in the hands of dangerous felons, domestic abusers and others who are prohibited from possessing them present a real danger to the law abiding members of our communities. If you are convicted of federal firearms offenses, you can expect to face serious prison time. This Office remains committed to aggressively enforcing federal firearms laws and bringing to justice those who would illegally purchase, traffic, transfer, possess or use these weapons,” stated U.S. Attorney Sofer.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and, ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
Assistant U.S. Attorneys William F. Calve, John Cannizzarro, John Cooper, Larry Fadler, Mark Frazier, Priscilla Garcia and Stephanie Smith-Burris are prosecuting these cases 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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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.
Gregg N. Sofer Is Sworn in as U.S. Attorney for the Western District of TexasRead the Press Release
Gregg N. Sofer is officially the U.S. Attorney for the Western District of Texas. He was sworn in by Chief U.S. District Judge Orlando Garcia this morning at the federal courthouse in San Antonio.
Attorney General William P. Barr appointed Mr. Sofer to the position effective October 10, 2020.
“The Western District of Texas is one of the largest, busiest, and most diverse districts in the United States. Every day, the women and men of the U.S. Attorney’s Office diligently work to protect our communities, prosecute the criminals who prey upon the weak and vulnerable, defend the interests of the United States, and safeguard the rights of the people who live in the 68 counties we serve. In my 29 years of public service, I have worked to seek justice for crime victims and bring accountability to those who place their interests over those of society. It is an honor and a privilege to continue this mission alongside the Assistant U.S. Attorneys, support personnel, law enforcement officers, judges, and court staff that make this district so great,” said U.S. Attorney Sofer.
As U.S. Attorney, Mr. Sofer is the chief federal law enforcement officer in the Western District of Texas. He 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 spans approximately 93,000 square miles, and the U.S. Attorney’s Office employs more than 300 people. The headquarters are in San Antonio with staffed offices in Austin, El Paso, Midland, Del Rio, Waco, and Alpine.
Prior to his appointment, Mr. Sofer served as Counselor to the Attorney General of the United States where he handled criminal and national security matters as well as crisis response. Before going to Main Justice, he served for 12 years in the Austin Division of the U.S. Attorney’s Office for the Western District of Texas. As an Assistant U.S. Attorney and accomplished litigator, he handled national security, fraud, violent crime, and corruption cases, among others. His last trial in Austin was a RICO prosecution that resulted in a life sentence without parole for a man who attempted to assassinate a state court judge as she sat in her car with her family. Some of Mr. Sofer’s other notable prosecutions include that of an individual who was planning to fight for ISIS overseas; a defendant who built a bomb intending to kill soldiers at Ft. Hood; the former Jarrell Police Chief who was involved in a bribery scheme where he fraudulently provided illegal aliens with immigration benefits; and a money laundering conspiracy involving the owner of several Austin nightclubs. In 2018, Mr. Sofer was promoted to Chief of the Criminal Division. In that role, he was responsible for the supervision of over 120 Assistant U.S. Attorneys and all aspects of the district’s criminal practice.
From 2003 to 2007, Mr. Sofer was a trial attorney in the National Security Division at Main Justice where he led the investigation and prosecution of international terrorism cases. He also served as the Director of the Office of Justice for Victims of Overseas Terrorism and Director of the National Gang Targeting Enforcement and Coordination Center.
Mr. Sofer started his legal career in the Manhattan District Attorney’s Office. Among a wide variety of cases, he prosecuted violent gang, murder and firearms trafficking cases for over 11 years, distinguishing himself as a skilled trial lawyer, indefatigable investigator, and fierce advocate for justice. Mr. Sofer earned his J.D. from New York University School of Law and his B.A. from Rutgers University.
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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.
Federal Court Issues Temporary Restraining Order Against El Paso Man Offering Fraudulent Coronavirus Prevention TreatmentsRead the Press Release
Federal authorities have obtained a civil injunction against 39-year-old El Paso resident Hugo Chico in an effort to combat alleged fraud related to the coronavirus (COVID-19) pandemic, announced U.S. Attorney John F. Bash; Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division; and, Texas Department of Public Safety Director Steven C. McCraw.
The purpose of the civil injunction is to stop Chico’s sale of fraudulent COVID-19 prevention treatments through his business and his Facebook webpage, “Centro de Medicina Fisica y Rehabilitacion.” According to court records, Chico allegedly met with undercover agents on October 5, 2020 to sell, and administer, COVID-19 prevention treatments.
This action will ensure Chico, and any others working with him, stop advertising or performing any COVID-19 treatments. In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
HSI El Paso is seeking to warn members of the public who received unauthorized COVID-19 prevention treatments from Chico in the last several weeks. Individuals who received treatment are asked to contact HSI by calling (915) 730-7012. Those individuals are also encouraged to contact their primary care physician, local health department, free standing ER, or nearby urgent care facility for COVID-19 testing.
This enforcement action is being prosecuted by Assistant U.S. Attorneys Kirk Mangels and Eddie Castillo of the Western District of Texas. HSI El Paso and the Texas Department of Public Safety are conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendant.
The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
- Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
- Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
- Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
- Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
- Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
- Ignore offers for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
- Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
- Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
- Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
- Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand. For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Food and Drug Administration, Centers for Disease Control and Prevention (CDC) and WHO websites.
In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
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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.
Federal Court Issues Temporary Restraining Order Against El Paso Man Offering Fraudulent Coronavirus Prevention TreatmentsRead the Press Release
Federal authorities have obtained a civil injunction against 39-year-old El Paso resident Hugo Chico in an effort to combat alleged fraud related to the coronavirus (COVID-19) pandemic, announced U.S. Attorney John F. Bash; Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division; and, Texas Department of Public Safety Director Steven C. McCraw.
The purpose of the civil injunction is to stop Chico’s sale of fraudulent COVID-19 prevention treatments through his business and his Facebook webpage, “Centro de Medicina Fisica y Rehabilitacion.” According to court records, Chico allegedly met with undercover agents on October 5, 2020 to sell, and administer, COVID-19 prevention treatments.
This action will ensure Chico, and any others working with him, stop advertising or performing any COVID-19 treatments. In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
HSI El Paso is seeking to warn members of the public who received unauthorized COVID-19 prevention treatments from Chico in the last several weeks. Individuals who received treatment are asked to contact HSI by calling (915) 730-7012. Those individuals are also encouraged to contact their primary care physician, local health department, free standing ER, or nearby urgent care facility for COVID-19 testing.
The enforcement action taken today is being prosecuted by Assistant U.S. Attorneys Kirk Mangels and Eddie Castillo of the Western District of Texas. HSI El Paso and the Texas Department of Public Safety are conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendant.
The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
- Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
- Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
- Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
- Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
- Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
- Ignore offers for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
- Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
- Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
- Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
- Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand. For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Food and Drug Administration, Centers for Disease Control and Prevention (CDC) and WHO websites.
In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
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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.
Federal Judge in Del Rio Sentences Kickapoo Man to Twelve Years Imprisonment in Connection with the Death of a Fellow Tribe MemberRead the Press Release
In Del Rio today, U.S. District Judge Alia Moses sentenced 44–year-old Adan Suke, Jr., a member of the Kickapoo Traditional Tribe of Texas (KTTT), to 12 years in federal prison in connection with the death of a fellow tribe member in November 2006, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, Judge Moses ordered that Suke pay a $3,000 fine and be placed on supervised release for a period of three years after completing his prison term.
On June 19, 2019, a federal jury convicted Suke of voluntary manslaughter, assault with a dangerous weapon and assault resulting in serious bodily injury. Evidence presented at trial revealed that, on November 3, 2006, Suke struck fellow tribe member Carlos Trevino multiple times with a blunt object during an argument on KTTT land near Eagle Pass, Texas. Mr. Trevino suffered grievous injuries, including a skull fracture, and passed away at a San Antonio area hospital approximately two weeks later.
Although he was indicted for this offense in 2008, Suke fled the country immediately afterwards and had been living on tribal land in Nacimiento, Mexico, for over ten years. FBI agents were able to extradite him back to the U.S. in August of 2018, where he was detained until his trial the following June.
The FBI, Maverick County Sheriff’s Office, KTTT Security Department and U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated this case. Assistant U.S. Attorneys Paul Harle and Justin Chung prosecuted this case on behalf of the government.
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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.
United States Attorney John F. Bash Announces ResignationRead the Press Release
SAN ANTONIO, Tex. – U.S. Attorney John F. Bash announced today that he will resign from the Department of Justice on Friday, October 9, 2020, at 11:59pm. U.S. Attorney Bash issued the following statement:
This Friday—eight years to the day after I first joined the Department of Justice—I will step down as United States Attorney for the Western District of Texas. Last month I accepted an offer for a position in the private sector and informed the Attorney General of my decision. I tendered formal letters of resignation to both the President and the Attorney General this morning.
I am grateful to the President, Senator John Cornyn, Senator Ted Cruz, and the other members of the United States Senate for the opportunity to serve the people of Texas. I am also grateful to former Counsel to the President Donald F. McGahn II, who gave me steadfast support throughout the nomination and confirmation process, and to former Solicitor General Donald B. Verrilli, Jr., for first bringing me into the Department in 2012. And I am honored that during my tenure as U.S. Attorney, the Attorney General has seen fit to entrust me with significant responsibilities and to appoint me to his Advisory Committee.
I am also deeply indebted to the over 300 attorneys and staff members who work in our office, including the 73 Assistant United States Attorneys hired during my tenure. Through their tireless efforts, we have held accountable child abusers, drug-cartel leaders, gang members, bank robbers, embezzlers, fraudsters, scammers, and corrupt public officials. The exceptional public servants of our office have continued to perform at a high level during the national health crisis.
I owe special gratitude to my executive team—First Assistant U.S. Attorney Ashley Hoff, Executive Assistant U.S. Attorney Kristy Callahan, Counselor Mickey Tapken, Criminal Division Chief Christina Playton, Civil Division Chief Mary Kruger, Administrative Division Chief Gretchen Randall, and Legal Support Division Chief Lora Makowski. They are all women of extraordinary integrity, intelligence, and candor. I am proud to have served alongside them.
Most importantly, I would not have succeeded in this demanding role without the love and support of my wife, Zina, my daughter and son, my parents, my wife’s parents and siblings, and of course the Lord.
The Attorney General has elected to appoint Gregg Sofer to succeed me as U.S. Attorney. Gregg is an inspired choice. He is a veteran Department of Justice attorney, serving first in the National Security Division at Main Justice and then for over a decade as a national-security specialist in our Austin office. In the latter role, he built a reputation as a dogged and tremendously effective prosecutor. In 2018, I selected Gregg to serve as our office’s Criminal Division Chief, where he designed and implemented significant improvements to our operations, oversaw thousands of prosecutions, and provided me with invaluable advice on a range of important issues and cases. Since early this year, he has served in Washington, D.C., as Counselor to the Attorney General. He will make an excellent U.S. Attorney.
Like any job, serving as U.S. Attorney has had its high points and its low points. No day was worse than August 3, 2019, when we lost so many of our fellow Americans and our Mexican brothers and sisters to an almost inconceivable act of hatred. But there was nothing more soul-stirring than the way El Pasoans came together in the wake of that nightmare in a spirit of love and perseverance.
I hope that I have discharged my authority wisely and have improved the safety and security of my fellow Texans. I leave the Department with a profound respect for its people, its traditions, and its importance to our constitutional democracy.
Bash, 39, was appointed by President Trump to the position of United States Attorney in December 2017. He previously served in the Department of Justice as an Assistant to the Solicitor General from 2012 to 2017, and he served as Associate Counsel to the President in 2017.
Attorney General William Barr offered the following statement:
I offer my gratitude to John Bash for his service as United States Attorney for the Western District of Texas. Since 2017, John has successfully led one of the largest U.S. Attorney’s Offices in the country. John has made significant contributions to the Department of Justice, including his service on the Attorney General’s Advisory Committee. I appreciate his service to our nation and to the Justice Department, and I wish him the very best.
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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.
Federal Judge in San Antonio Sentences State Inmate for Mailing Threatening Communications while IncarceratedRead the Press Release
In San Antonio today, a federal judge sentenced 47-year-old State of Texas inmate Scott Coalwell to 70 months in federal prison for mailing threatening communications including threats to injure his former defense attorney, a probation officer and the U.S. District Clerk for the Western District of Texas, announced U.S. Attorney John F. Bash and U.S. Marshal Susan Pamerleau.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Coalwell be placed on supervised release for a period of three years after completing his prison term.
On February 7, 2020, a federal jury convicted Coalwell on three counts of mailing threatening communications. Evidence presented at trial revealed that while incarcerated in Texas Department of Criminal Justice—Dominguez Unit in San Antonio, Coalwell mailed threatening letters to his defense attorney, probation officer and the sitting judge in his McLennan County case; his defense attorney in his Bexar County case; and the U.S. District Clerk for the Western District of Texas in San Antonio. When questioned by investigators, Coalwell identified these individuals as being “on the top of his enemy list” and that he intended to “lock and load and go through my enemy list.”
The U.S. Marshals Service, the Texas Department of Criminal Justice—Office of Inspector General and Bexar County Sheriff’s Office investigated this case. Assistant U.S. Attorney Bettina Richardson prosecuted this case on behalf of the government.
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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.
Attorney General William P. Barr Announces the Appointment of Gregg N. Sofer as the U.S. Attorney for the Western District of TexasRead the Press Release
Attorney General William P. Barr announced today the appointment of Gregg N. Sofer as U.S. Attorney for the Western District of Texas, pursuant to 28 U.S.C. § 546, effective Oct. 10, 2020.
As U.S. Attorney, Sofer will be the chief federal law enforcement officer in the Western District of Texas. He will be in charge of one of the largest U.S. Attorney’s Offices in the United States, overseeing approximately 300 total staff, including 150 Assistant U.S. Attorneys, and covering 93,000 square miles in 68 counties, with divisional offices in Alpine, Austin, Del Rio, El Paso, Midland, San Antonio, and Waco. The Western District of Texas regularly prosecutes more criminal cases than any other district in the United States and serves approximately 6.5 million Texans.
“I am pleased to appoint Gregg N. Sofer as U.S. Attorney for the Western District of Texas,” said Attorney General William P. Barr. “He has served as an exceptional prosecutor for more than 29 years, devoting himself to the pursuit of justice and the protection of the citizens of this country. His leadership, integrity, and experience will greatly benefit the people of the Western District.”
“I am thrilled to be able to serve the people of my home state as the United States Attorney. I look forward to working with our state, local and federal law enforcement partners, for whom I have the utmost respect, as we continue to protect our communities and ensure that the rights of all of our citizens are safeguarded,” said Gregg N. Sofer. “I thank John F. Bash for his incredible leadership of the U.S. Attorney’s Office over the last three years. John is one of the finest lawyers I have ever met and I wish him the very best in the next chapter of his career.”
Prior to his appointment, Sofer served as Counselor to the Attorney General of the United States, where he handled criminal and national security matters, as well as crisis response. Before coming to Main Justice, Sofer served for 12 years in the U.S. Attorney’s Office for the Western District of Texas. As an Assistant U.S. Attorney and accomplished litigator, he handled national security, fraud, violent crime, and corruption cases, among others. In 2018, Sofer was promoted to Chief of the Criminal Division. In that role, he was responsible for the supervision of over 120 Assistant U.S. Attorneys and all aspects of the district’s criminal practice. His last trial in Austin, Texas, a RICO prosecution, resulted in a life sentence without parole for a man who attempted to assassinate a state court judge as she sat in her car with her family.
From 2003 to 2007, Sofer was a trial attorney in the National Security Division at Main Justice where he led the investigation and prosecution of international terrorism cases. He also served as the Director of the Office of Justice for Victims of Overseas Terrorism and Director of the National Gang Targeting Enforcement and Coordination Center.
Sofer started his legal career in the Manhattan District Attorney’s Office. Among a wide variety of cases, he prosecuted violent gang, murder and firearms trafficking cases for over 11 years, distinguishing himself as a skilled trial lawyer, indefatigable investigator, and fierce advocate for justice. Sofer earned his J.D. from New York University School of Law and his B.A. from Rutgers University.
Twelve San Antonio-Based Texas Mexican Mafia Members and Associates Arrested -- Indicted on Federal Drug Trafficking ChargesRead the Press Release
In San Antonio, federal, state and local authorities have arrested twelve Texas Mexican Mafia (TMM) members and associates on federal drug charges in connection with a methamphetamine/heroin/cocaine trafficking operation in the San Antonio area, announced U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; San Antonio Police Chief William McManus; and, Bexar County Sheriff Javier Salazar.
A federal grand jury this week returned an eight–count indictment against all twelve defendants (listed below) -- ten who were arrested today and two who were already in custody prior to today. Charges alleged in the indictment include: conspiracy to distribute a controlled substance; possession with intent to distribute a controlled substance; and, possession of a firearm by a convicted felon.
The indictment alleges that the defendants are responsible for distributing controlled substances from July 2020 to September 23, 2020.
During today’s arrests, authorities seized a total of 15 firearms, approximately 20 kilograms of suspected methamphetamine, quantities of cocaine and an undetermined amount of U.S. currency. Prior to today, this operation has resulted in the seizure of approximately 20 kilograms of methamphetamine, two kilograms of heroin and 18 firearms.
The defendants, with the exception of Vonallman, face lengthy mandatory federal prison terms upon conviction. All of the defendants remain in custody awaiting detention hearings in federal court beginning next week.
“The arrests made as part of Operation Last Dance in San Antonio and the surrounding areas conclude a comprehensive investigation by DEA and our law enforcement partners into the criminal activities of violent local street gangs to include members of the Mexican Mafia, Texas Syndicate, and their criminal associates,” said DEA Special Agent in Charge Steven S. Whipple, Houston Field Division. “This investigation reflects DEA’s commitment to make sure communities across Texas are safe and prevent gang members involved in drug distribution and other violent criminal activity from establishing a foothold in our neighborhoods.”
This indictment resulted from an Texas Anti-Gang Center (TAG) investigation conducted by San Antonio TAG member agencies including the DEA, FBI, San Antonio Police Department’s Gang Unit, Bexar County Sheriff’s Department, Bexar County District Attorney’s Office, Texas Department of Public Safety (DPS), Texas Department of Criminal Justice-Office of Inspector General, Homeland Security Investigations (HSI), U.S. Marshals Service (USMS), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The purpose of the TAG Center in San Antonio is to provide a one-stop information sharing environment for federal, state and local law enforcement to combat and target gang violence in and around San Antonio. The goal is to disrupt the command and control of criminal gangs through prevention, intervention and suppression of their unlawful enterprises.
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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Name, Age, Residence, Statutory sentence
Donald Trevino (aka “Fluffy”, “D”, “Uno”, “Gordo”), 32, San Antonio, 25 years to life imprisonment
Rodolfo Villalobos (aka “Fluffy”, “Chubs”, “Oro”), 38, San Antonio, 15 years to life imprisonment
David Botello (aka “Torito”, “Bully”, “Bullyman”), 50, San Antonio, 15 years to life imprisonment
David Cortez Jr. (aka “Tazmanian”, “Taz”), 29, San Antonio, 10 years to life imprisonment
Moses Chavez (aka “Moe”, “Mighty Mouse”), 40, San Antonio, 10 years to life imprisonment
**Nicholas Neaves (aka “Snoopster”, “Snoop”), 25, San Antonio, 10 years to life imprisonment
Richard Agueros, III (aka “Herc”), 36, San Antonio, 10 years to life imprisonment
Robert Arzola Jr., 41, San Antonio, 10 years to life imprisonment
**Luz Del Carmen Velarde-Campos (aka “Prima”), 33, San Antonio, 10 years to life imprisonment
Aaron Muniz (aka “Primo”), 36, San Antonio, 10 years to life imprisonment
Isabel Hernandez-Garcia, 35, San Antonio, 0 years to life imprisonment
Joseph Lloyd Vonallman (aka “Jv”), 36, San Antonio, up to 20 years imprisonment** Already in custody prior to today
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.
San Antonio Woman Sentenced to Federal Prison for Stealing over $973,000 from Her Former EmployerRead the Press Release
In San Antonio, a federal judge sentenced 46-year-old Rosalinda Fuentes to 45 months in federal prison for stealing more than $973,000 from her former employer, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Fuentes pay $973,760.98 in restitution to her former employer and be placed on supervised release for a period of one year after completing her prison term. Following today’s hearing, Judge Ezra remanded Fuentes into the custody of the U.S. Marshals Service to begin serving her prison term.
“This case involved a blatant fraud — so blatant that it’s hard to believe the defendant thought she would get away with it. I’m pleased that today justice prevailed,” stated U.S. Attorney Bash.
On December 30, 2019, Fuentes pleaded guilty to one count of wire fraud. By pleading guilty, Fuentes admitted that while processing employee payroll for MUY! Companies, LLC from 2014 to 2019, she implemented a scheme to steal money from the company. Fuentes used names of current and former employees to generate fraudulent pay checks and direct those unauthorized funds to bank accounts which she controlled. Furthermore, once the money had been deposited, Fuentes voided the fraudulent transactions from company records in an effort to conceal her scheme.
The FBI investigated this case with valuable assistance from the Texas Department of Public Safety. Assistant U.S. Attorney William F. Lewis, Jr., prosecuted the case on behalf of the government.
“The San Antonio FBI shares a close working relationship with the Texas Department of Public Safety, which provides a full-time, seasoned investigator to partner with us on significant financial fraud investigations. This case is yet another example of how this relationship benefits both of our agencies as well as the citizens of San Antonio,” said FBI Special Agent in Charge Combs.
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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