Western District of Texas
Press releases recorded for this federal judicial district.
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
Lakeway Regional Medical Center Agrees to Pay more than $1.1 Million to Settle Civil False Claims Act AllegationsRead the Press Release
U.S. Attorney John F. Bash of the Western District of Texas announced today that Lakeway Regional Medical Center, LLC (LRMC) has agreed to pay the United States and the State of Texas $1,119,177.21 to resolve allegations LRMC submitted false claims to the Medicare and Medicaid programs.
LRMC developed and operated a hospital in Lakeway, TX. The settlement resolves allegations that LRMC induced certain physicians to refer patients to the hospital by offering them a low-risk, high-reward investment in a joint venture formed to purchase and then lease the hospital back to LRMC. The United States contends that claims for reimbursement submitted by LRMC to the Medicare and Medicaid programs between March 2, 2015, and August 31, 2016, based on these referrals were unlawful under the federal Anti-Kickback Statute.
The allegations in this case were initially brought by Robert Van Boven, M.D, and Sharon Van Boven in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims, and to receive a share of any recovery. The Van Bovens’ qui tam suit remains under seal, subject to an order of the Court permitting the United States to disclose this settlement.
Assistant U.S. Attorney Thomas Parnham and Special Assistant U.S. Attorney Susan Strawn handled the matter for the Western District of Texas. U.S. Attorney Bash also thanked the Department of Health and Human Services Office of Inspector General and the Commercial Litigation Branch of the Department of Justice’s Civil Division for their assistance.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Reaches Settlement with San Antonio Housing Providers for Charging Unlawful Lease Termination Fees to ServicemembersRead the Press Release
The Justice Department today announced that it has reached an agreement with the former owners of two apartment complexes in San Antonio, Texas, to resolve allegations that they violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful lease termination charges on 41 servicemembers and by refusing to allow four other servicemembers to terminate their leases early.
The former owners — Western Rim Investors 2011-4, L.P. and Western Rim Investors 2011-3, L.P. — owned the Estates at Briggs Ranch and the Mansions at Briggs Ranch from Dec. 1, 2011 to March 31, 2020. Both properties are located within 10 miles of Joint Base San Antonio-Lackland.
Under the proposed consent order, the owners must pay over $71,000 to compensate servicemembers and a $64,715 civil penalty to the U.S. Treasury. The consent order, which is subject to court approval, resolves a suit filed today by the Department of Justice in the U.S. District Court for the Western District of Texas.
“Our men and women in uniform risk their lives and liberty to preserve our freedom, and we enjoy liberty and security because of their sacrifices,” said Assistant Attorney General Eric Dreiband of the Civil Right Division. “These patriots should not be charged a financial penalty when an unexpected reassignment or rapid deployment requires them to move. This settlement sends a warning to apartment associations and landlords that they cannot avoid their obligations under the Servicemembers Civil Relief Act simply by pointing to fine print in boilerplate lease agreements. The department of Justice will not accept these so-called ‘Waiver Addendums’ as valid waivers of servicemembers’ rights under the Servicemembers Civil Relief Act.”
“The Western District of Texas is proud to be home to one of the largest concentrations of military members and their families in the country,” said U.S. Attorney John Bash for the Western District of Texas. “This office takes its responsibility to protect and enforce the statutory rights of these men and women very seriously, so they can focus on their service to our nation.”
The SCRA allows servicemembers to terminate a lease early after entering military service or receiving qualifying military orders. Under the law, qualifying orders include orders for a permanent change of station, orders for a deployment of at least 90 days, and separation or retirement orders. If a servicemember terminates a lease under the SCRA, the law prohibits the landlord from imposing any early termination charges.
The suit alleges that the servicemember-tenants at the Estates and the Mansions at Briggs Ranch who terminated their leases pursuant to the SCRA were required to pay back rent concessions or discounts that they had received during their tenancies. These so-called “concession chargeback” fees ranged from $116 to $1,012 per servicemember. The department’s suit also alleges that the owners wrongfully denied lease termination requests made by four other servicemembers.
The former apartment owners claim that they relied on lease contracts and other forms provided by the Texas Apartment Association. One of those forms was a lease addendum that claimed to waive a tenant’s rights under the SCRA. The department alleges that the waiver addendum used by the owners was invalid, because it was not executed as an instrument separate from the lease, was expressly incorporated into the lease, was signed at the same time as the lease and was not supported by any additional benefit to the servicemember.
The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/.
Federal, State and Local Law Enforcement Arrest Seven throughout Central Texas for Methamphetamine Distribution OperationRead the Press Release
Federal and state authorities arrested seven individuals in McLennan, Bell and Coryell counties for their roles in a methamphetamine distribution operation, announced U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; and, Texas Department of Public Safety Director Steven McCraw.
Those arrested today include: Rodney Macpherson (aka “Todd”), age 51 of Temple, TX; Anna Ruetz (aka “Dani”), age 30 of Waco; Blake Deeann Blanchard, age 30 of Gatesville, TX; Shae Lynn Rice, age 55 of McGregor, TX; Lamarcus Lamond Minter, age 41 of Moody, TX; and, Roberto Gonzalez, age 34 of McGregor. Ulysses Lopez, age 46 of McGregor, was already in state custody prior to today.
A federal grand jury indictment unsealed today charges the defendants with conspiracy to distribute methamphetamine.
Those seven are a follow-up to 15 arrests earlier this year in connection with this investigation, including 25-year-old McGregor resident Gabriel Flores-Benitez. Authorities allege that under the leadership of Flores-Benitez, this organization was responsible for the sale and distribution of large amounts of methamphetamine throughout Central Texas since May 2019.
Authorities, to date, have seized approximately two kilograms of methamphetamine and three firearms attributable to this drug trafficking organization.
“Transnational and violent drug traffickers should take note that federal, state, and local law enforcement in Central Texas is well organized, cooperative and highly effective,” said DEA Special Agent in Charge Whipple. “This investigation is an excellent example of how area law enforcement agencies work together to make this community safer.”
Upon conviction, MacPherson faces between ten years and life in federal prison. The remaining defendants face between five and 40 years in federal prison upon conviction.
The Texas Department of Public Safety Criminal Investigations Division, DEA, 220th Judicial District Attorney’s Office, Bosque County Sheriff’s Office, Hamilton Police Department, Comanche Police Department and Coryell County Sheriff’s Office investigated this case. The Temple Police Department, Bell County Sheriff’s Department, McLennan County Sheriff’s Department, McGregor Police Department, Comanche County Sheriff’s Office and U.S. Marshals Service provided valuable assistance during this investigation.
All of those arrested today remain in federal custody. Detention hearings are expected to occur next week before U.S. Magistrate Judge Jeffrey Manske in Waco.
Assistant U.S. Attorneys Mark Frazier and Stephanie Smith-Burris 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.
Federal Judge in San Antonio Accepts Guilty Plea and Sentences QuantaDyn Corporation to Pay Millions of Dollars in Fines and Restitution for Bribery and Government Contract Fraud SchemeRead the Press Release
In San Antonio today, an Ashburn, VA-based software engineering company called QuantaDyn Corporation (QuantaDyn) entered a guilty plea to a federal charge in connection with a bribery and government contract fraud scheme that spanned more than a decade and impacted contract awards worth hundreds of millions of dollars. In addition, the corporation has agreed to pay a $6.3 million fine and more than $37 million in restitution.
That announcement was made today by U.S. Attorney John F. Bash; Special Agent in Charge Jamie Willemin of the General Services Administration—Office of the Inspector General (GSA-OIG), Greater Southwest and Rocky Mountain Investigations Division; Special Agent in Charge Richard D. Goss of the Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS), Southwest Field Office; Special Agent in Charge Ray Rayos of the U.S. Army Criminal Investigation Command, Southwestern Fraud Field Office (USACID); and, Special Agent in Charge Blair Holmstrand of the Air Force Office of Special Investigations (AFOSI), Procurement Fraud Detachment 3 in San Antonio.
William T. Dunn, Jr., the majority owner, President and Chief Executive Officer for QuantaDyn, appeared before U.S. District Judge Fred Biery and entered a guilty plea on behalf of the corporation to conspiracy to commit wire fraud. In addition to the fines and restitution, Judge Biery assessed a money judgment forfeiture against the corporation in the amount of $22,834,526.31 and forfeiture of seized assets in the amount of $7,099,863.77. Judge Biery also placed QuantaDyn on probation for five years.
“I am proud that our team and our law-enforcement partners were able to obtain justice for the American taxpayer in this case. We will not tolerate fraud against important federal programs,” stated U.S. Attorney Bash.
In October 2019, a federal grand jury in San Antonio returned an indictment against QuantaDyn, one of its owners, Herndon, VA, resident David Joseph Bolduc, Jr.; San Antonio resident Keith Alan Seguin; and, Atlanta, GA, area resident Rubens Wilson Fiuza Lima.
The indictment alleges the defendants carried out their contract fraud scheme from 2006 to 2018. Specifically, Bolduc and QuantaDyn paid more than $2.3 million in bribes to Seguin, a civilian employee of the 502 Trainer Development Squadron at Randolph Air Force Base in San Antonio, who was intimately involved in the government contract process. In return, Seguin used his position to steer lucrative government contracts and sub-contracts to QuantaDyn for aircraft and close-air-support training simulators. The indictment further alleges that a portion of the bribe money paid to Seguin was laundered through Fiuza Lima’s business, Impex, Inc., for a ten percent fee.
The three-count indictment charges Bolduc, QuantaDyn, Seguin and Fiuza Lima with one count of conspiracy to defraud the U.S., one count of conspiracy to commit wire fraud, and one count of conspiracy to commit money laundering.
Upon conviction, Bolduc, Seguin and Fiuza Lima could face terms of imprisonment up to five years for conspiracy to defraud the U.S., up to 20 years for conspiracy to commit wire fraud, and up to 20 years for conspiracy to commit money laundering. This case is currently scheduled for jury selection and trial on February 1, 2021, before Judge Biery in San Antonio.
“GSA plays a vital role in the government's ability to procure mission-critical products. Contractors and subcontractors are expected to be honest, transparent, and fair when doing business with the United States. American taxpayers can expect allegations of corrupt business practices to be thoroughly investigated by GSA OIG and its investigative partners to protect the integrity of the procurement process and the mission of our warfighters,” stated GSA-OIG Special Agent in Charge Willemin, Greater Southwest and Rocky Mountain Investigations Division.
“Today's sentencing is a direct result of the excellent partnership between multiple federal agencies and the U.S. Attorney’s Office in combating violations of Federal law,” said IRS-CI Special Agent in Charge Goss. “IRS Criminal Investigation will continue to pursue corporations such as QuantaDyn, who illegally target our nation’s tax dollars for personal financial gain by defrauding our government and the United States armed forces.”
“The Defense Criminal Investigative Service will utilize all available resources to pursue allegations of fraud and corruption bearing effect on the DoD and America's warfighters,” stated DCIS Southwest Field Office Special Agent in Charge Mentavlos. “This outcome is an example of the steadfast commitment of DCIS, and our Law Enforcement partners, to ensuring the integrity of the DoD contract process and taxpayer resources.”
“Today’s sentencing represents the success of the US Army CID Major Procurement Fraud Unit and partner agencies in policing and maintaining the integrity of our defense procurement systems,” stated USACID Major Procurement Fraud Unit Special Agent in Charge Rayos.
“The collaboration between GSA-OIG, DCIS, U.S. Army CID, IRS-CI, AFOSI, and the U. S. Attorney’s Office of the Western District of Texas, has been significant and we are looking forward to seeing the final results of the hard work put forth by all agencies involved,” said AFOSI Special Agent in Charge Holmstrand.
Simultaneous with the corporation entering a guilty plea in the criminal case, the Department of Justice today announced that the United States and QuantaDyn have reached a settlement agreement to resolve civil allegations related to the bribery scheme. QuantaDyn’s agreement to pay $37,757,713.91 in restitution ordered by Judge Biery today will resolve the company’s civil False Claims Act liability for the scheme. Dunn separately paid $500,000 to resolve his personal False Claims Act liability.
“When government contractors pay bribes to military contracting officials to obtain contracts, they prevent both our military and the American taxpayers from receiving products that are procured fairly and objectively and at a reasonable price,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “Today’s settlement demonstrates our continuing commitment to protecting the integrity of the government’s procurement process and ensuring that is untainted by fraud and corruption.”
The GSA-OIG, IRS-CI, DCIS, USACID, and AFOSI continue to investigate this case. Individuals who may have information about this scheme or these defendants are asked to call the GSA-OIG fraud reporting hot line at (800) 424-5210, send an email to [email protected], or go online to www.gsaig.gov and click on the “report FRAUD” link. U. S. Attorney Bash extends his appreciation to the U.S. Attorney’s Offices in the Eastern District of Virginia, Southern District of Ohio, and Northern District of Georgia for their valuable assistance.
Assistant U.S. Attorney William F. Lewis, Jr., Special Assistant U.S. Attorney Jay Porier, and Assistant U.S. Attorney Alan Buie are prosecuting this case on behalf of the government. Assistant U.S. Attorneys Jacquelyn Christilles and Thomas Parnham are handling the civil 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 Complaint Filed Against Midland Men in Connection with an Oilfield Theft SchemeRead the Press Release
In Midland this week, federal authorities filed a criminal complaint charging 36-year-old Juan Carlos Rodriguez and 30-year-old Jose Leonardo Rodriguez-Angeles for a scheme to steal oil in the Andrews County area and transport it to various disposal locations, including one in New Mexico, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Luis Quesada, El Paso Field Office.
The complaint charges the defendants with one count of conspiracy; one count of theft of an interstate shipment; and, one count of transportation of stolen property. The complaint alleges that on May 28, 2020, the defendants stole over 500 barrels of oil from at least three production lease locations around Andrews and transported the stolen oil across state lines into New Mexico where it was disposed of at a location near Eunice, New Mexico. The complaint further alleges that on September 3, 2020, the defendants were responsible for stealing in excess of 100 additional barrels of oil from various production lease locations around Andrews and taking it to a disposal location in Odessa, TX. During the early morning hours of September 4, 2020, state authorities stopped the defendants following their return to Andrews County and arrested them while attempting to steal oil again from a previous (May 28th) victim company.
Both defendants remain in custody at this time. Upon conviction, the defendants face up to ten years in federal prison each for theft of an interstate shipment and interstate transportation of stolen property; and, up to five years in federal prison for the conspiracy charge.
The FBI’s Permian Basin Oilfield Theft Task Force is investigating this case. Assistant U.S. Attorney John Fedock is prosecuting this case on behalf of the government.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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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.
Texas U.S. Attorneys Announce $18 Million in Domestic Violence Funding from DOJ’s Office on Violence Against WomenRead the Press Release
The Justice Department’s Office of Violence Against Women (OVW) will direct more than $18 million in grant funding to Texas to support efforts to curb domestic violence throughout the state, announced U.S. Attorneys John F. Bash, Erin Nealy Cox, Ryan K. Patrick, and Stephen J. Cox.
“Today’s announcement is a huge win for Texas in the fight against domestic violence. I am proud to be a part of a department that prioritizes this issue,” stated U.S. Attorney Bash.
As the state grapples with the COVID-19 pandemic, reports indicate that many cities – including Dallas, Fort Worth, Austin, Houston, and San Antonio – may be experiencing surges in domestic violence. Because of the virus, many domestic violence victims feel they’re safest inside their homes, but that may or may not be the case.
Research shows that intimate partner homicides are troublingly common, and often come with collateral fatalities. According to the CDC, roughly 1 in 6 homicide victims are killed by an intimate partner. Tragically, Texas accounts for 10 percent of the nation’s domestic violence homicides. Armed abusers are especially dangerous. Research shows that abusers with a gun in the home are five times more likely to kill their partners than abusers who don’t have access to a firearm.
Given these troubling statistics, in June 2019, Attorney General William P. Barr formed a Domestic Violence Working Group in order to encourage prosecution of armed domestic violence offenders. (Federal law bars domestic violence offenders – those subject to certain protective orders or convicted of domestic violence misdemeanors or felonies – from possessing firearms.)
District across the nation, including all four districts in Texas, have prioritized their own initiatives designed to keep guns out of the hands of abusers. In the 18 months since the first federal domestic violence initiative kicked off in Dallas, federal prosecutors in Texas have charged dozens of armed abusers with gun crimes.
However, the federal government is just one in a host of stakeholders determined to end the scourge of domestic violence – and only a portion of domestic violence cases fall within federal jurisdiction. The OVW grants announced today will provide resources to local prosecutors, victim service providers, healthcare professionals, training organizations, and academic researchers, including several with national scope.
“Putting an end to domestic violence requires effort from everyone in a community and OVW is proud to support the work being done in Texas,” said OVW Principal Deputy Director Laura L. Rogers. “Our funding supports law enforcement, prosecutors and brings people together to work for a common cause. These strong partnerships lead to creative solutions to prevent violence.”
Among the $18 million in awards that will be issued to organizations and government agencies in Texas are:
• More than $11.8 million in formula funds to the state to support law enforcement, prosecutors, victim services providers, and courts in working collaboratively to respond to domestic and sexual violence.
• $1.76 million to cities and counties across Texas to improve the criminal justice response to domestic and sexual violence: $1,000,000 to the City of Austin, $400,000 to Webb County, and $355,573 to Bastrop County.
• $2.85 million to domestic violence organizations to provide legal service to victims: $600,000 to SafeHaven of Tarrant County, $600,000 to the Women’s Center of Tarrant County, $600,000 to the Houston Area Women’s Center, $650,0000 to the SAFE Alliance in Austin, and $404,486 to the Bastrop County Women’s Shelter.
• $1.54 million to advocacy groups to help underserved populations, including disabled victims and minority victims of domestic violence: $588,297 to Saheli, Inc., $500,000 to Brownsville Friendship of Women, Inc., $450,000 to the SAFE Alliance in Austin.
• More than half a million to domestic violence shelters to provide transitional housing and therapy services: $515,000 to SafeHaven of Tarrant County.
• $152,345 to the Texas Association Against Sexual Assault plus $91,274 to the Texas Council on Family Violence, two statewide organizations working to address violence against women.
New projects to provide critical training and technical assistance throughout the country include:
• The $5 million new National Violence Against Women Law Enforcement Training and Technical Assistance Consortium, a project with the Institute for Intergovernmental Research, in Florida, that will deliver training on investigating and responding to domestic violence, sexual assault, and stalking.
• $675,000 to continue the work of the San Diego-based Alliance for HOPE’s Training Institute for Strangulation Prevention, which provides education on investigating and prosecuting nonfatal strangulation in domestic violence cases.
• $400,000 to the International Association of Forensic Nurses, headquartered in Maryland, to develop a national protocol to guide medical-forensic care for domestic violence victims who seek treatment for their injuries.
For more information on the Justice Department’s Office on Violence Against Women, visit: https://www.justice.gov/ovw.
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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
Justice Department Reaches Settlement with City of San Antonio for Illegally Auctioning Servicemembers' VehiclesRead the Press Release
The Justice Department today announced that it has reached an agreement with the City of San Antonio, Texas to resolve allegations that the city violated the Servicemembers Civil Relief Act (SCRA) by auctioning or otherwise disposing of cars owned by protected servicemembers without first obtaining court orders.
Under the agreement, San Antonio must pay $47,000 to compensate two servicemembers who complained that the city unlawfully auctioned off their cars while they were in military service. The city must also establish a $150,000 settlement fund to compensate other servicemembers whose SCRA rights may have been violated and pay a $62,029 civil penalty to the U.S. Treasury.
The agreement, which is subject to court approval, resolves a suit filed today by the Department of Justice in the U.S. District Court for the Western District of Texas.
“Servicemembers who serve our country honorably should not have to come home to find that that their only means of transportation and its contents have been auctioned off to the highest bidder,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are pleased that the city has worked cooperatively with the department to reach a settlement that will compensate all the servicemembers who lost their vehicles and will provide additional protections for the thousands of servicemembers stationed in and around San Antonio.”
“I am proud that our office was able to reach a settlement with the City of San Antonio to protect servicemembers who are deployed overseas,” said U.S. Attorney John Bash for the Western District of Texas. “When servicemembers are fighting for our country, they should not have to worry that their vehicles will be gone when they return home.”
The department launched its investigation after receiving a complaint from U.S. Air Force Staff Sergeant Paula Rangel, alleging that the city had towed and auctioned her vehicle while she was deployed to Afghanistan. After learning that her vehicle had been impounded at the city’s Growdon Road Vehicle Storage Facility, Staff Sergeant Rangel and her military legal assistance attorney called the facility on several occasions to try to arrange for the release of her vehicle. During these phone calls, they identified Staff Sergeant Rangel as an active duty servicemember who was deployed overseas. Despite these efforts, employees at the storage facility refused to release the vehicle to members of Staff Sergeant Rangel’s military unit and would not allow them to remove her personal property and military equipment from the vehicle. On Sept. 21, 2016, the city, through its contractual agent, UR Vehicle Management Solutions, sold the vehicle at auction for $6,600, without obtaining the court order required by the SCRA.
The department’s investigation revealed that between 2011 and 2019, San Antonio auctioned at least 227 vehicles registered to SCRA-protected servicemembers without obtaining the required court orders. In some cases, the city auctioned vehicles that listed the name of a military installation as a part of the registered owner’s address. The settlement requires San Antonio to adopt new procedures to investigate the military status of any registered owner prior to auctioning a vehicle. The city will also be required to obtain a court order or a valid SCRA waiver prior to auctioning a vehicle owned by a protected servicemember.
The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/.
Two Las Cruces Men Arrested/Charged with Stealing Guns from Federal Firearms LicenseesRead the Press Release
Federal and local authorities have arrested two Las Cruces, NM, residents charged with allegedly stealing guns from multiple federal firearms licensees, announced U.S. Attorney John F. Bash and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek II, Dallas Field Office.
A federal criminal complaint filed in El Paso alleges that Ruben Orona, age 37, and Victor Medina, age 32, are responsible for a string of gun store burglaries—one in Las Cruces and two in El Paso—and stole 32 firearms. The burglaries included: Las Cruces Guns on July 30, 2020; Drakes Fine Sporting Arms in El Paso on August 11, 2020; and, Sportsman’s Elite in El Paso on August 16, 2020. The complaint further states that one of the stolen firearms, a .45 pistol which was later recovered by law enforcement, was used in a drive-by shooting in Doña Ana County on August 24, 2020.
Upon conviction, the defendants face up to ten years in federal prison.
“This case is a perfect example of the great collaboration ATF maintains with our law enforcement and industry partners to help keep our communities safe” said ATF Dallas Special Agent in Charge Boshek.
ATF, together with Homeland Security Investigations (HSI), El Paso Police Department, Las Cruces Police Department, Doña Ana County Sheriff’s Office and the U.S. Marshals Service, are conducting this ongoing investigation. Assistant U.S. Attorney Mallory Rasmussen is prosecuting this case on behalf of the government.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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.
Twenty-One Defendants Face Federal Methamphetamine and Cocaine Conspiracy ChargesRead the Press Release
Over the past two weeks, federal, state and local authorities have arrested 21 individuals in connection with a cocaine and methamphetamine trafficking operations based in the Austin area, announced U.S. Attorney John F. Bash and Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division.
Two federal grand jury indictments returned in Austin charge the defendants with conspiring to distribute a controlled substance. Each of the cocaine distribution conspiracies allegedly involved more than 500 grams of cocaine. The methamphetamine conspiracy allegedly involved more than 50 grams of methamphetamine.
During this investigation, authorities have seized approximately 50 kilograms of methamphetamine, four kilograms of heroin, over two kilograms of cocaine, approximately 50 pounds of marijuana, multiple firearms and more than $473,000 in assets, including over $423,000 in U.S. Currency, attributed to this organization.
The defendants include: 25-year-old Juan Miguel Campuzano-Rebollar of Austin; 39-year-old Santana Olmedo-Carbajal of Cedar Creek, TX; 52-year-old Jose Miguel Campuzano-Gonzalez of Austin; 26-year-old Saudiel Granados-Cruz of Austin; 22-year-old Narciso Osorio-Aquino of Austin; 44-year-old Martha Yanez of Elgin, TX; 21-year-old Blanca Arce-Mora of Austin; 50-year-old Jose Ramiro Castellan-Ortiz of Austin; 26-year-old Jose Cruz-Licona of Austin; 22-year-old Blanca Arteaga of Austin; 33-year-old Antonio Benitez-Ugarte of Austin; 28-year-old Iris Garcia of Austin; 33-year-old Jose Rivera-Benitez of Austin; 55-year-old Edward Keane of Perryopolis, PA; 48-year-old William Sump of Port Lavaca, TX; 59-year-old Elvis Jackson of Taylor, TX; 59-year-old Angela Eans of Bastrop, TX; 46-year-old Hulan McCoy of Bastrop; 37-year-old Christopher Henderson of Bastrop; 35-year-old Brandon Carter of Bastrop; and, 34-year-old Joshua Haywood of Austin.
“The arrests made over the last couple of weeks in Austin and the surrounding area conclude a comprehensive investigation targeting the criminal activities of a violent local street gang and their Mexican Cartel sources of supply,” said DEA Special Agent in Charge Whipple. “The DEA, along with our state and local law enforcement partners, will continue to pursue any individual or organization that threaten the well-being and stability of our communities. Nothing is more critical than the safety and security of our citizens.”
The 14 defendants charged with crimes carrying mandatory-minimum prison sentences (Campuzano-Rebollar, Olmedo-Carbajal, Campuzano-Gonzalez, Granados-Cruz, Osorio-Aquino, Yanez, Arce-Mora, Castellan-Ortiz, Cruz-Licona, Keane, Sump, McCoy, Carter and Haywood) face between five and 40 years in federal prison upon conviction. The remaining defendants face up to 20 years in federal prison upon conviction.
Jackson, Eans, McCoy, Henderson, Carter and Haywood were arrested yesterday morning on these charges. McCoy, Carter and Haywood remain in custody pending detention hearings expected to occur next week in U.S. Magistrate Court in Austin.
“With the arrest of these individuals our residents can feel safer knowing that the flow and distribution of illegal drugs in Bastrop County has been interrupted,” stated Bastrop County Sheriff Maurice Cook. “This offender roundup is a great example of when law enforcement agencies work together.”
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.
This case resulted from an investigation conducted by the DEA, FBI, Austin Police Department, Cedar Park Police Department, Texas Department of Public Safety, Hays County Sheriff’s Office, IRS-CI and the Bastrop County Sheriff’s Office. U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE-ERO) assisted with the arrests. Assistant U.S. Attorneys Gabriel Cohen and Kathryn Cherry 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.
Georgia Man Indicted for Scheme to Steal Millions from the San Felipe Del Rio Consolidated School DistrictRead the Press Release
Donald Ray Lockard, age 66 of Douglasville, GA, made his initial appearance in federal court today in Del Rio on charges in connection with the alleged scheme to steal over $2 million from the San Felipe Del Rio Consolidated School District (SFDRCISD), announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Field Office.
A federal grand jury indictment charges Lockard with one count of conspiracy to commit wire fraud and three substantive counts of wire fraud. The indictment alleges that while doing business as DL Investments from August 2019 to February 2020, Lockard stole SFDRCISD funds and used them for his own personal benefit. According to the indictment, co-conspirators sent fraudulent emails to the comptroller of SFDRCISD claiming to be representatives of the financial institution to which SFDRCCISD made bi-annual bond payments. Those fraudulent emails resulted in the diversion of SFDRCISD bond payments to a different financial account established and controlled by Lockard. The indictment specifically identifies three separate fraudulent wire transfers to Lockard’s account on February 12, 2020, totaling $2,013,762.50. The indictment also includes a notice of criminal forfeiture in which the government is seeking to forfeit over $1.5 million seized from Lockard’s bank accounts. Lockard filed for Chapter 7 bankruptcy on May 10, 2016.
Each count upon conviction calls for up to 20 years in federal prison. Lockard remains on bond. No further court dates have been scheduled.
The FBI is conducting this ongoing investigation. Assistant U.S. Attorney Joshua Banister 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.
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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 Waco Hands Down Prison Terms to Project Safe Childhood DefendantsRead the Press Release
In Waco, U.S. District Judge Alan Albright sentenced two men to lengthy federal prison terms for possession of child pornography, announced U.S. Attorney John F. Bash.
Today, Judge Albright sentenced 34-year-old Derek Loyd Ward of Whitney, TX, to 240 months in federal prison followed by ten years of supervised release. Judge Albright also ordered that Ward pay $10,000 in restitution. On October 8, 2019, Ward pleaded guilty to one count of possession of child pornography. On May 30, 2019, authorities executed a search warrant at the defendant’s residence and seized his personal computer and related media. A forensics review of the seized materials revealed the presence of approximately 550 videos and 875 images depicting minors engaged in sexually explicit conduct.
Yesterday, Judge Albright sentenced 28-year-old Tyler Christopher Benson of Killeen, TX, to 110 months in federal prison followed by five years of supervised release. On October 15, 2019, Benson pleaded guilty to one count of possession of child pornography. On October 26, 2017, authorities executed a search warrant at the defendant’s residence and seized his laptop computer and cellular telephone. A forensics review of the computer and cell phone revealed the presence of approximately 775 videos and 360 images depicting minors engaged in sexually explicit conduct.
“Those who possess child pornography sustain the market for the abuse of children. Today’s sentence was richly deserved,” stated U.S. Attorney Bash.
The Child Exploitation Division of the Texas Attorney General’s Office investigated these cases. Assistant U.S. Attorney Greg Gloff prosecuted these cases on behalf of the government.
These cases were 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.
Nigerian Citizen Residing in Canada Extradited to the Western District of Texas to Face Federal Charges Related to Fraudulent “Sweepstakes” SchemeRead the Press Release
Harry Cole (aka Akintomide Ayoola Bolu, aka John King, aka Big Bro, aka Egbon), a 50-year-old Nigerian citizen and a resident of Canada, was extradited today from Canada to face federal charges for his alleged role in a fraudulent “sweepstakes” scheme with an intended loss in excess of $300 million.
U.S. Attorney John F. Bash; Acting Special Agent in Charge Roderick Benson, Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; 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, announced the extradition.
“If you defraud Americans, it doesn’t matter where you are in the world. The United States government will work tirelessly to find you, extradite you, and hold you accountable for your crimes,” stated U.S. Attorney Bash.
“Today’s extradition of Harry Cole demonstrates the power of the American judicial system,” IRS-CI Acting Special Agent in Charge Benton. “Despite the fact that Cole was living in Canada, special agents were able to track him because of our strong relationships with our international law enforcement agencies and bring him to justice.”
“HSI is committed to using our broad authority and global presence to bring international fugitives to justice,” said HSI Special Agent in Charge Folden. “Today’s extradition of Harry Cole demonstrates that HSI and our international law enforcement partners will be diligent in our efforts to locate and hold accountable those individuals who defraud U.S. citizens.”
“The U.S. Postal Inspection Service (USPIS) is charged with defending the nation’s mail system from illegal use, no matter where those crimes originate,” said USPIS Inspector in Charge Gonzalez. “This scheme targeted one of our country’s most vulnerable populations, the elderly. 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.”
A federal grand jury indictment, returned in September 2018, charges Cole with one count of conspiracy to commit wire fraud (Sweepstakes) and one count of conspiracy to commit money laundering. Each count upon conviction calls for up to 20 years in federal prison. Cole, who remains in federal custody pending his Initial Appearance in Austin, Texas tomorrow afternoon, is one of eight defendants charged in connection with this scheme.
The others include: Akintola Akinmadeyemi; Austin residents Joel Calvin and Clarence Barefield (aka CJ); Mesquite, TX, resident Donna Lundy; Nigerian citizens and Canadian residents Emmanuel Olawale Ajayi (aka Wale, aka Walata), Tony Dada Akinbobola (aka Lawrence D Awoniyi, aka Boss Tony, aka Toyin) and Bolaji Akinwunmi Oyewole (aka BJ, aka Beejay).
According to the indictment, the defendants carried out their sweepstakes scheme from 2012 to 2016. Cole allegedly purchased lists from Lundy of elderly potential victims and their addresses. He and other conspirators based in the Toronto, Ontario Canada metropolitan area sent packages containing fraudulent sweepstakes information to conspirators residing in the U.S. The packages contained thousands of mailers, which U.S.-based conspirators sent to victims notifying them that they had won a sweepstakes. Each mailer included a fraudulent check issued in the name of the victim, usually in the amount of $8,000, and a pre-addressed envelope. Victims were instructed to deposit the check into their bank account, immediately withdraw between $5,000 and $7,000 dollars in cash or money orders and send the money to a “sweepstakes representative” to facilitate the victim collecting his or her prize. By the time the victim was notified by the bank that the deposited check was fraudulent, the cash or money order had been sent by the victim and received by the defendants or conspirators. The intended loss from this scheme was over $300 million, with an actual loss of more than $900,000.
The indictment also alleges that from June 2015 through June 2016, Emmanuel Ajayi led a Stolen Identity Refund Fraud (SIRF) scheme in which over 1,200 fraudulent Income Tax Returns were filed using stolen Personal Identifying Information (PII) requesting $25 million in tax refunds. Ajayi used bank accounts involved in the sweepstakes scheme to receive refunds and funnel the money to conspirators in the U.S. An IRS analysis determined that this scheme resulted in the actual loss of approximately $3.4 million paid from the U.S. Treasury.
In order to acquire the money generated by the Sweepstakes and SIRF schemes, the conspirators operated a money laundering conspiracy in the U.S. That conspiracy employed knowing and unknowing participants to conduct financial transactions with the goals of moving the proceeds from both fraudulent schemes outside of the U.S. without detection by law enforcement.
Defendants Akinbobola, Ajayi and Oyewole are considered fugitives. On March 9, 2020, Akinmadeyemi was sentenced to ten years in federal prison. On May 27, 2020, Barefield was sentenced to eight years in federal prison. Both were ordered to pay, jointly and severally, $111,870.25 in restitution. Defendants Calvin and Lundy, who pleaded guilty to the money laundering conspiracy charge, are scheduled for sentencing in Austin on March 9, 2021, before U.S. District Judge Lee Yeakel.
IRS-CI, HSI, and USPIS investigated this case. Assistant U.S. Attorneys Michael C. Galdo and Neeraj Gupta are prosecuting this case on behalf of the government. Attorneys with the Justice Department’s Office of International Affairs assisted with the extradition of Cole from Canada.
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.
Former Federal Government Employee and Active Duty Soldier at Camp Mabry in Austin Admit to Stealing over $1 Million in Military EquipmentRead the Press Release
In Austin this week, an active duty soldier and a former federal government employee at Camp Mabry admitted to stealing and unlawfully selling more than $1 million worth of items from the military installation in Austin, announced U.S. Attorney John F. Bash.
Appearing today before U.S. Magistrate Judge Mark Lane, 27-year-old Texas National Guardsman Cristal Avila of Fort Worth pleaded guilty to one count of theft of government property. On Tuesday, 35-year-old Joseph Mora of Schertz, TX, Avila’s co-defendant and former Program Analyst at the U.S. Property and Fiscal Office warehouse, pleaded guilty to the same charge. By pleading guilty, Avila and Mora admitted to conducting a scheme to remove large quantities of sensitive military grade equipment, including rifle scopes, infrared laser aiming devices and thermal night vision goggles, from the facility without authorization. Mora later sold many of the stolen items on eBay and by other means.
On September 24, 2019, federal agents executed a search warrant at Mora’s residence and recovered dozens of items believed to be stolen from Camp Mabry, to include pelican cases containing aiming lights, a pallet of night vision goggles and tripods.
Avila and Mora face up to ten years in federal prison and have agreed to pay restitution to the government for the stolen items as well as profits generated from the sale of those items. Both remain on bond pending sentencing which has yet to be scheduled.
Agents with the Defense Criminal Investigative Service (DCIS), Homeland Security Investigations (HSI), U.S. Army Criminal Investigative Command (Army CIC), U.S. Postal Inspection Service (USPIS) and the Texas Rangers are investigating this case. Assistant U.S. Attorneys Michael Galdo and Karthik Srinivasan 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.
Federal Judge Grants Temporary Restraining Order against New Braunfels Business for Promoting and Conducting Fraudulent Coronavirus TestingRead the Press Release
In San Antonio today, Senior U.S. District Court Judge David A. Ezra granted a Temporary Restraining Order (TRO) filed by federal authorities against Living Health Holistic Healing Center d/b/a Living Health New Braunfels (Living Health) and it’s owner, Leslie Tatum, to combat alleged fraudulent advertising and testing related to the coronavirus pandemic (COVID-19), announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Field Office.
The purpose of the civil injunction is to stop Tatum, through her business, from advertising, offering and performing COVID-19 testing. According to a civil complaint filed in this case, Living Health and Tatum have misled the public into believing they are qualified to both administer COVID-19 diagnostic and serological tests and interpret the results of such tests. The defendants operate a website with the domain name “livinghealthnb.com”, a Facebook page, and use direct emails to induce customers into purchasing COVID-19 antibody testing for $85. The complaint further states that the test used by Tatum is not authorized by the U.S. Food and Drug Administration to determine whether individuals have an active COVID-19 infection or whether they should take steps to quarantine or isolate themselves from others. Moreover, according to the complaint, Tatum, a licensed massage therapist, is not qualified to perform nor evaluate the test results.
Today’s action will prevent Tatum from advertising COVID-19 testing through her business’s website and Facebook page immediately while this investigation continues. It will also prevent her from performing COVID-19 diagnostic or serological tests, or providing services related to the diagnosis, treatment, mitigation, or management of symptoms of COVID-19. By filing this action, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes. A hearing on the TRO is scheduled for 9:00am on August 25, 2020, before Judge Ezra.
Individuals who were tested for COVID-19 at this facility are asked to contact the FBI by calling (210) 225-6741, prompt #1, or online at www.tips.fbi.gov. Those individuals are also encouraged to contact their primary care physician, local health department, free standing ER, or nearby urgent care facility for re-testing.
For the most up-to-date information on COVID-19, consumers may visit the 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]. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the United States Attorney’s Office for the Western District of Texas, visit its website at www.justice.gov/usao-wdtx. For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
This enforcement action is being handled by Assistant U.S. Attorneys Erin M. Van De Walle, Justin Chung and Michael C. Galdo of the Western District of Texas. Special Agents with the FBI’s San Antonio Field Office 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.
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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.
Former Schertz Business Manager Pleads Guilty to Stealing over $470,000 from CompanyRead the Press Release
Today, 47-year-old Deanna Bates Wehde of San Antonio admitted to stealing over $470,000 from the company she managed, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before U.S. Magistrate Judge Henry Bemporad, Wehde pleaded guilty to one count of wire fraud and one count of aggravated identity theft. By pleading guilty, Wehde admitted that while employed by Stone Care of Texas between May 2016 and September 2018, she defrauded the company by using company credit cards issued in the names of former employees for business-related travel to make unauthorized purchases and cash withdrawals for her own personal use and benefit.
Wehde faces up to 20 years in federal prison for wire fraud and a mandatory consecutive sentence of two years in federal prison for aggravated identity theft as well as restitution to the company. Wehde remains on bond pending sentencing scheduled for November 5, 2020, before Chief U.S. District Court Judge Orlando Garcia in San Antonio.
The FBI investigated this case. Assistant U.S. Attorney William R. Harris is 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.
FBI Arrests San Antonio Man for Distribution of Child PornographyRead the Press Release
Today, federal authorities arrested 62–year-old Juan Benavidez of San Antonio and filed a federal criminal complaint charging him with distributing child pornography, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
FBI agents executed a search warrant today at the defendant’s address and seized his cell phone. A preliminary examination of the iPhone revealed the presence of multiple image files depicting minors engaged in sexually explicit activity as well as the use of the mobile messaging application named Kik to receive and distribute files depicting child pornography between April and June of this year.
Benavidez remains in federal custody pending a detention hearing anticipated for next week. Upon conviction, Benavidez faces between five and 20 years in federal prison.
The FBI’s San Antonio Crimes Against Children Task Force is investigating this case. Assistant U.S. Attorney Tracy Thompson 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 considered innocent until proven guilty in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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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.
Woman Sentenced for Attempting to Smuggle Black Tar Heroin in Plastic ToysRead the Press Release
In San Antonio, a federal judge sentenced 28-year-old Angelica Reyes-Vasquez to 70 months in federal prison for her role in smuggling black tar heroin into the United States, announced U.S. Attorney John F. Bash and Homeland Security Investigations (HSI) San Antonio Office Special Agent in Charge Shane Folden.
On October 26, 2019, Reyes-Vasquez, a citizen of Mexico, arrived at the San Antonio International Airport on a flight originating from Mexico City, Mexico. While going through customs inspection, Customs and Border Protection (CBP) officers detained Reyes-Vasquez for providing conflicting information to the officers. Reyes-Vasquez was referred to secondary inspection for further questioning. A subsequent inspection of Reyes-Vasquez’ luggage revealed three plastic toys containing approximately 5.4 kilograms of black tar heroin.
On January 21, 2020, Reyes-Vasquez pled guilty to one count of importation of heroin. On July 21, 2020, U.S. District Judge Jason K. Pulliam sentenced Reyes-Vasquez to 70 months of federal imprisonment to be followed by five years of supervised release.
Reyes-Vasquez has remained in federal custody since her arrest on October 26, 2019.
“While some may mistakenly view smuggling controlled substances as a path to a quick profit, the sentencing of Reyes-Vasquez demonstrates that serious consequences await those who engage in criminal activity,” said HSI Special Agent in Charge Folden. “HSI will continue to work closely with our law enforcement partners to protect our communities and bring drug smugglers to justice.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated this case with assistance from the U.S. Customs and Border Protection (CBP) Office of Field Office Director. Assistant U.S. Attorney Brian Nowinski prosecuted the 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.
U.S. Attorneys in Texas and Attorney General Paxton Partner to Warn Consumers of Fraudsters Selling Counterfeit, Mislabeled, and Non-Existent PPERead the Press Release
Today, U.S. Attorney John F. Bash joined fellow U.S. Attorneys in Texas—Ryan K. Patrick in the Southern District, Erin Nealy Cox in the Northern District and Stephen J. Cox in the Eastern District—and Attorney General Ken Paxton to inform the public about several fraudulent schemes involving masks, personal protection equipment (PPE), and other COVID-19 related equipment. They urge everyone to exercise increased due diligence and caution when dealing with new suppliers or vendors, especially when using a third-party broker.
As demand for PPE increases, scammers may advertise equipment they do not actually have in attempts to make a quick profit. These PPE products may be counterfeit and mislabeled, and some may not exist at all. Some fraudsters reach out directly to consumers and government entities through email or social media to push their products. Red flags that a seller may be engaging in a scam include:
- Unusual payment terms
- Last-minute price changes
- Last-minute excuses for delay in shipment
- Unexplained source of a large quantity of material
- Evidence of re-packaging or mislabeling
There are ongoing federal and state prohibitions on charging exorbitant prices for PPE during this time of national emergency. Texans who believe they have encountered scams or price gouging should call the Office of the Attorney General’s toll-free complaint line at (800) 621-0508 or file a complaint online. For additional information on disaster scams, please visit our disaster scams website.
More information on unapproved or counterfeit PPE can be found at cdc.gov/niosh. You can also find information on the U.S. Food and Drug Administration website and the Environmental Protection Agency website. If you have information about PPE-related fraud, or about hoarding or price gouging of critical supplies, you can report it without leaving your home to the National Center for Disaster Fraud by calling the National Hotline at (866) 720-5721 or by submitting the NCDF Web Complaint Form.
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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 Man Indicted on Possession of a Destructive DeviceRead the Press Release
In Midland on Wednesday, a federal grand jury indicted 44-year-old Jeffrey Allen Smerud on one count of possession of a destructive device, announced U.S. Attorney John F. Bash and Federal Bureau of Investigation (FBI) Special Agent in Charge Luis M. Quesada, El Paso Division.
According to court documents, on March 10, 2020, Odessa police officers responded to reports of a suspicious person at a Lowe’s Home Improvement Center. A Lowe’s employee observed the suspicious person (later identified as Jeffery Allen Smerud) placing an unknown object under a pallet of mulch and then leaving the area. Shortly thereafter, the employee observed an explosion coming from the pallet.
Using the vehicle description and surveillance footage, law enforcement officers determined the suspect to be Jeffrey Allen Smerud. On March 13, Smerud was arrested. Smerud admitted to law enforcement officers to planting the explosive device at Lowe’s. Smerud also admitted he manufactured the explosive device.
Smerud is scheduled for an arraignment before U.S. Magistrate Ronald C. Griffen later this month. If convicted, Smerud faces up to ten years imprisonment and up to a $250,000 fine. Smerud has remained in federal custody since his arrest on March 13.
The Federal Bureau of Investigation, along with assistance from the Odessa Police Department, is investigating this case. Assistant U.S. Attorney Shane Chriesman 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.
Carrizo Springs Man Arrested for Assisting Arsonists in Evading Capture in Connection with Demonstrations after George Floyd Death in MinneapolisRead the Press Release
In Del Rio today, a federal complaint was unsealed against 29-year-old Leeroy Felan for providing false information to federal agents and assisting arsonists in evading arrest, announced U.S. Attorney John F. Bash and U.S. Marshal Susan Pamerleau. Deputy U.S. Marshals arrested Felan in Carrizo Springs on July 21, 2020.
The complaint charges Felan with being an accessory after the fact. According to court records, Felan provided false statements to federal law enforcement officers in order to impede the investigation and arrest of his brother, Jose Felan, Jr., and his brother’s wife, Mena Yousif. Felan also assisted with the transportation of Jose Felan, Jr. and Mena Yousif in order to hinder and prevent both from being apprehended by law enforcement.
Jose Felan, Jr. and Mena Yousif are wanted in connection with a fire set at a Goodwill retail store in St. Paul, Minnesota, on May 28, 2020. The store was set ablaze after demonstrations across Minnesota, following the death of George Floyd in Minneapolis. Surveillance cameras show two suspects alleged to be involved in setting the fire to the Goodwill store’s back room. Those two suspects were later identified as Jose Felan, Jr. and Mena Yousif. ATF is offering two rewards of up to $10,000 each for information that leads to the apprehension and conviction of Jose Felan and Mena Yousif. Additional information regarding Jose Felan, Jr. and Mena Yousif can be found at this link: https://www.usmarshals.gov/news/chron/2020/062620.htm.
In 2015, Leeroy Felan was convicted of one count of conspiracy to transport illegal aliens; he was sentenced to 36 months of federal imprisonment. Felan is currently on federal supervised release stemming from the 2015 conviction. He is scheduled for a detention and preliminary hearing on this current case on July 31, 2020, before U.S. Magistrate Judge Collis White in Del Rio.
The U.S. Marshals Service in Del Rio is investigating this case. Assistant U.S. Attorney Jody Gilzene is prosecuting this case on behalf of the government.
A 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.
Anyone with information on the whereabouts of Jose Felan, Jr. or Mena Yousif can report the information at www.usmarshals.gov/tips. Tipsters can also call 877-WANTED-2 (877-926-8332).
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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.
Irish National Sentenced to Prison for Trafficking in Rhinoceros HornsRead the Press Release
An Irish national was sentenced in federal court in Waco, Texas, today to 12 months in prison for conspiracy to violate the Lacey Act in relation to illegal rhinoceros horn trafficking, announced Assistant Attorney General Jeffrey Bossert Clark of the Environment and Natural Resources Division of the Department of Justice.
John Slattery, who was arrested on Aug. 1, 2019, in Ireland, was extradited to the United States for his role in trafficking horns from black rhinoceros. Slattery pleaded guilty to conspiring to traffic in horns from black rhinoceros on July 7, 2020.
On May 13, 2014, a federal grand jury sitting in Waco, Texas, returned an indictment that has since been unsealed, charging Slattery and a co-defendant, Patrick Sheridan, with conspiring to traffic in horns from black rhinoceros. In addition to conspiracy, the indictment charges substantive violations of the Lacey Act for wildlife trafficking and making a false wildlife document.
According to documents filed with the court, in September 2010, Slattery traveled with his brother, Michael Slattery Jr. and Patrick Sheridan to a taxidermy shop in Austin, Texas, to purchase rhinoceros horns. Upon their first visit to the shop, John Slattery and his co-conspirators were informed that the horns could only be sold to a resident of Texas. The following day, Slattery enlisted the help of an individual (now deceased), a Texas resident who acted as a straw buyer, to enable the three co-conspirators to purchase the rhinoceros horns.
As part of the plea, Slattery admitted that through the straw buyer, he and his co-conspirators paid the taxidermist $18,000 for the horns. They were given an “Endangered Species Bill of Sale,” which the group later modified and falsified. Slattery further admitted that after they purchased the horns in Texas, Slattery traveled to New York, where he sold the horns to an individual for $50,000. Slattery gave the purchaser the falsified “Endangered Species Bill of Sale,” which Slattery and his co-conspirators had modified to make it look as if the sale in Texas was legal, when in fact, it was not. Slattery further admitted that he later offered the same individual 10 rhinoceros horns for sale. That sale was not completed.
In September 2013, Slattery Jr. was arrested in New York and charged in the Eastern District of New York with conspiring with Slattery and Sheridan to traffic rhinoceros horns. In January 2014, Slattery Jr. pleaded guilty and was sentenced to 14 months in prison for his role in the conspiracy. In September 2015, Sheridan was extradited to the United States from the United Kingdom. Sheridan was returned to the Western District of Texas where he pleaded guilty and was sentenced to 12 months in prison. In addition to the conspiracy to traffic in rhinoceros horns, Slattery and Sheridan were charged with violating the Lacey Act’s trafficking provision and making a fictitious and fraudulent bill of sale in connection with the rhinoceros horns in an attempt to make their illegal purchase of the horns appear legal.
The transport of Slattery to the Western District of Texas to face these charges concluded the extradition process from Ireland, a process governed by an extradition treaty between the United States and Ireland. Slattery was sentenced in federal court in Waco, by U.S. District Judge Alan Albright.
The case was investigated by agents from U.S. Fish and Wildlife Service Office of Law Enforcement. The case is being prosecuted by Trial Attorney Gary N. Donner of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Greg Gloff for the Western District of Texas. The Criminal Division’s Office of International Affairs provided significant support in securing and coordinating Slattery’s arrest and extradition. Assistance for Slattery’s extradition was provided by the Government of Ireland.
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 Austin Man for Possession of an Improvised Explosive DeviceRead the Press Release
In Austin today, the federal grand jury indicted 35-year-old Joshua Colin Honigberg for possessing an improvised explosive device, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment charges Honigberg with one count of unlawful possession of a destructive device. According to court records, FBI agents and Austin Police officers executed a search warrant on May 29, 2020, at the defendant’s residence. During the search, authorities recovered an explosive bomb capable of causing property damage and personal injuries and/or death to nearby persons upon detonation.
Upon conviction, Honigberg faces up to ten years in federal prison.
The FBI, together with the Austin Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), investigated this case. Assistant U.S. Attorney Grant Sparks 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.
San Antonio Tax Preparer Indicted for False ReturnsRead the Press Release
A federal grand jury in Waco, Texas, returned an indictment today charging a San Antonio tax preparer with aiding in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney John F. Bash for the Western District of Texas.
According to the indictment, Telesa Hall operated Precision Efile Tax Services, a tax return preparation business located in San Antonio, Copperas Cove, and Killeen, Texas. From 2014 to 2017, Hall allegedly falsified clients’ tax returns by claiming business losses that her clients did not incur, in order to fraudulently increase their refunds. The indictment further alleges that from 2013 through 2016, Hall falsified her own tax returns by not reporting all of the income she earned from her tax preparation business.
If convicted, Hall faces a maximum sentence of three years in prison on each of the 23 counts in the indictment. She also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Bash commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Francesca Bartolomey and William Guappone of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Federal Grand Jury in Waco Indicts Killeen Woman in Connection with the Disappearance of U.S. Army Specialist Vanessa GuillenRead the Press Release
In Waco today, a federal grand jury indicted 22-year-old Cecily Aguilar in connection with the disappearance of U.S. Army Specialist Vanessa Guillen, announced U.S. Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and U.S. Army Criminal Investigative Command (USACID) Special Agent in Charge Vanessa Neff at Fort Hood.
The federal grand jury indictment charges Aguilar with one count of conspiracy to tamper with evidence and two substantive counts of tampering with evidence. Aguilar faces up to 20 years in federal prison for each count upon conviction.
According to court records, U.S. Army Specialist Aaron Robinson told Aguilar that he killed a female soldier by striking her in the head with a hammer while on Ft. Hood on April 22, 2020. Robinson further admitted to Aguilar that he transferred the woman’s body off of Ft. Hood to a remote site in Bell County. Subsequently, Robinson enlisted the help of Aguilar in disposing of the victim’s body. At a later time Aguilar recognized the deceased, whom she helped Robinson mutilate and dispose of, as Vanessa Guillen.
The indictment alleges that from April 22, 2020, through July 1, 2020, Aguilar conspired with Robinson to corruptly alter, destroy, mutilate and conceal evidence, including the victim’s body in order to prevent Robinson from being charged with and prosecuted for any crime. The indictment also alleges that on April 23, 2020, and on April 26, 2020, Aguilar tampered with evidence in this case, including the victim’s body, to impair its integrity and availability for use in an official proceeding.
During a previously scheduled court hearing in Waco today, U.S. Magistrate Judge Jeffrey C. Manske arraigned Aguilar on the indictment now pending against her. A not-guilty plea was entered by Aguilar’s counsel. Judge Manske also ordered that Aguilar remain in federal custody until further notice. No further court dates have been scheduled.
Agents and investigators from USACID, FBI, Texas Rangers, Bell County Sheriff’s Office, Killeen Police Department, Belton Police Department, Texas Parks and Wildlife and the U.S. Marshals Service are continuing to investigate this case. Assistant U.S. Attorneys Mark Frazier and Greg Gloff are prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The 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.
Texas Man Pleads Guilty to Trafficking WildlifeRead the Press Release
A Texas man pleaded guilty today in federal court in the Western District of Texas on charges of conspiring to traffic thousands of live reptiles, amphibians, and birds, valued in excess of $3.5 million.
Alejandro Carrillo of El Paso, Texas, pleaded guilty before Senior U.S. District Judge David Briones for the Western District of Texas. Sentencing has been scheduled for Sept. 16.
“Carrillo’s arrest and his removal from the trafficking network demonstrates that the Justice Department will continue to vigorously enforce laws designed to protect wildlife,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “This is a continuing investigation and reflects the seriousness with which we regard these activities and our commitment to hold accountable those who break the law.”
“This investigation has exposed a highly coordinated wildlife trafficking ring responsible for the smuggling of wild caught reptiles destined to collectors and the commercial trade across the U.S. and globe,” said Edward Grace, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service (FWS). “The number of animals suspected of being smuggled is in the tens of thousands. Reptiles, amphibians and other protected wildlife already face enough environmental stressors worldwide. This case goes a long way to slow the impacts of wildlife trafficking on species that are under protection of the Endangered Species Act and CITES.”
According to documents filed with the court, beginning in 2016, the FWS undertook Operation Bale Out, an investigation of a network of individuals involved in the trafficking of wildlife between the United States and Mexico. “Bale” means a group of turtles, and much of the wildlife trafficked by this network involved rare turtles.
According to information in the public record, Carrillo functioned as a middle-man for the network, transporting live animals – many of which were protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) – from Mexico into the United States. Carrillo pleaded guilty to two counts of an indictment charging him with conspiring to traffic wildlife into the United States, and smuggling wildlife into the United States. As part of the plea, Carrillo admitted to being paid more than $92,000 to transport thousands of animals from Mexico into the United States, valued at more than $3,500,000. After transporting the animals into the United States, Carrillo then arranged for them to be delivered to domestic customers, who had purchased the animals from the Mexico-based suppliers.
This case is part of an ongoing effort by the Department of the Interior’s Fish and Wildlife Service Office of Law Enforcement, in coordination with the Department of Justice, to prosecute those involved in the illegal taking and trafficking in protected species. This prosecution is being handled by the Environment and Natural Resources Division’s Environmental Crimes Section with assistance from the U.S. Attorney’s Office for the Western District of Texas. The government is represented by Environmental Crimes Trial Attorneys Mary Dee Carraway and Gary N. Donner.
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 Diego, California Man Sentenced to Federal Prison for His Role in Million Dollar Scheme Targeting Thousands of U.S. Servicemembers and VeteransRead the Press Release
In San Antonio, a federal judge sentenced 33-year-old Trorice Crawford of San Diego, California, to 46 months in federal prison for his role in an identity-theft and fraud scheme that victimized thousands of U.S. servicemembers and veterans, announced U.S. Attorney John F. Bash and Director Gustav Eyler of the Department of Justice’s Consumer Protection Branch.
In addition to the prison term, Chief U.S. District Judge Orlando Garcia ordered that Crawford pay $103,700 in restitution and be placed on supervised release for a period of three years after completing his prison term.
“The Department of Justice will not tolerate fraud on America’s warfighters and veterans,” said Acting Assistant Attorney General Ethan P. Davis of the Department’s Civil Division. “Working with our partners and using all tools available, we are committed to protecting those who protect us.”
On December 5, 2019, Crawford pleaded guilty to one count of conspiracy to launder monetary instruments. By pleading guilty, Crawford admitted that from May 2017 to July 2019, he conspired with Robert Wayne Boling, Jr. (a U.S. citizen), and others to steal money belonging to U.S. Servicemembers and veterans. By pleading guilty, Crawford admitted to recruiting at least 30 individuals (aka “money mules”) who provided their bank account information to receive funds stolen from military affiliated individuals. On average, each unauthorized transfer from a victim’s accounts ranged from between $8,000 to $13,000. Crawford kept a percentage of the withdrawn funds for himself and oversaw the transmission of the remaining amounts by means of international money remittance services to Boling and others in the Philippines.
In October, co-defendant Frederick Brown, age 38 of Las Vegas, NV, pleaded guilty to federal charges in connection with this scheme. Brown, a former civilian medical records administrator for the U.S. Army at the 65th Medical Brigade, Yongsan Garrison, South Korea, admitted that while logged into the Armed Forces Health Longitudinal Technology Application, he illegally captured on his cell phone personal identifying information (PII) of thousands of military members, including names, social security numbers, DOD ID numbers, dates of birth, and contact information. Brown further admitted that he subsequently provided that stolen data to Boling so that Boling and others could exploit the information in various ways to access Department of Defense and Veterans Affairs benefits sites and steal millions of dollars.
As asserted in the federal grand jury indictment, Boling, together with his Philippines-based co-defendants Allan Albert Kerr (Australian citizen) and Jongmin Seok (South Korean citizen), specifically used the stolen information to compromise a Department of Defense portal designed to enable military members to access benefits information online. Once through the portal, the defendants are alleged to have accessed benefits information. Access to these detailed records enabled the defendants to steal or attempt to steal millions of dollars from military members’ bank accounts. The defendants also stole veterans’ benefits payments. Evidence of the defendants’ scheme was detected earlier this year, advancing the investigation that led to the indictment.
The Departments of Defense and Veterans Affairs are coordinating with the Department of Justice to notify and provide resources to the thousands of identified victims.
Boling, Kerr and Seok are charged with multiple counts of conspiracy, wire fraud, and aggravated identity theft. Boling, Kerr and Seok remain in the Philippines. Measures are being taken to effect their transfer to the Western District of Texas. Brown remains in federal custody awaiting sentencing scheduled for 10:30am on September 17, 2020, before Judge Garcia in San Antonio.
It is important to note that an indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The United States is represented by Trial Attorneys Ehren Reynolds and Yolanda McCray Jones of the Department of Justice’s Consumer Protection Branch and Assistant U.S. Attorney Joseph Blackwell of the U.S. Attorney’s Office for the Western District of Texas. The matter was investigated by agents of the Defense Criminal Investigative Service, and counsel Matthew Freund, along with substantial investigative support from the U.S. Postal Inspection Service, the U.S. Army Criminal Investigation Command, and the Veterans Benefits Administration’s Benefits Protection and Remediation Division. The U.S. Department of State’s Diplomatic Security Service, Philippine law enforcement partners, and the U.S. Attorneys’ Offices for the District of Nevada, the Southern District of California, and the Eastern District of Virginia also provided assistance. Resources from the Department of Justice’s Servicemembers and Veterans Initiative and its Transnational Elder Fraud Strike Force aided in the matter’s investigation and prosecution.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, in March 2020, the Department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Texas, visit its website at https://www.justice.gov/usao-wdtx. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice; information on the Servicemember and Veterans Initiative is at https://www.justice.gov/servicemembers.
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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 El Paso Returns Superseding Indictment against Patrick CrusiusRead the Press Release
In El Paso today, a federal grand jury returned a superseding indictment against Patrick Wood Crusius, 21, with new hate crime and firearm charges stemming from the death of a hospitalized shooting victim, announced Assistant Attorney General for the Civil Rights Division Eric D. Dreiband and U.S. Attorney John F. Bash.
On August 3, 2019, Crusius allegedly opened fire with an assault rifle and shot multiple individuals in and around the Walmart Supercenter in El Paso, leading to the death of 23 individuals and injuring many more. On February 6, 2020, the federal grand jury returned an indictment against Crusius. On April 25, 2020, a victim who had been shot during the incident died as a result of the injuries he sustained.
Today’s federal grand jury superseding indictment includes 23 counts of hate crimes resulting in death (counts 1-23), 23 counts of use of a firearm to commit murder during and in relation to a crime of violence (counts 24-46), 22 counts of hate crimes involving an attempt to kill (counts 47-68), and 22 counts of use of a firearm during and in relation to a crime of violence (counts 69-90).
The superseding indictment alleges that in June 2019, Crusius used the internet to purchase a GP WASR-10 semi-automatic rifle and 1,000 rounds of hollow point ammunition. On August 3, 2019, after substantial planning and premeditation, Crusius took the assault rifle and ammunition and drove from his residence in Allen, TX, to the Walmart Supercenter store located on Gateway West Blvd. where he conducted his attack. The superseding indictment further alleges that just prior to the mass shooting, Crusius uploaded to the internet a document he had drafted entitled “The Inconvenient Truth.” The document opened by stating, “This attack is a response to the Hispanic invasion of Texas. They are the instigators, not me. I am simply defending my country from cultural and ethnic replacement brought on by the invasion.” Among other things, the superseding indictment charges Crusius with willfully causing bodily injury to the victims because of the actual and perceived national origin of any person.
The charges in the superseding indictment carry a maximum penalty of death or life imprisonment. The Attorney General will decide whether to seek the death penalty at a later time.
The case (WTDX case # EP20cr389) has been assigned to U.S. District Judge David C. Guaderrama. There is no trial date at this time. This case is scheduled for a docket call at 2:00pm on October 7, 2020.
The FBI, with the support of the El Paso Police Department, Texas Department of Public Safety, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), El Paso County Sheriff’s Office, El Paso County Office of the Medical Examiner, Allen Police Department and Dallas Police Department, conducted this investigation.
The case is being prosecuted by Assistant U.S. Attorneys Ian Hanna and Greg McDonald of the Western District of Texas, and U.S. Department of Justice Trial Attorneys Tim Visser and Michael Warbel.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Killeen Woman Faces Federal Charge in Connection with the Disappearance of U.S. Army Specialist Vanessa GuillenRead the Press Release
Today, federal authorities filed a criminal complaint against 22-year-old Cecily Aguilar in connection with the disappearance of U.S. Army Specialist Vanessa Guillen, announced U.S. Attorney John F. Bash, U.S. Army Criminal Investigative Command (USACID) Special Agent in Charge Vanessa Neff at Fort Hood, and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The criminal complaint charges Aguilar with one count of conspiracy to tamper with evidence. According to the complaint, 20-year-old U.S. Army Specialist Aaron Robinson told Aguilar that he killed a female soldier by striking her in the head with a hammer while on Ft. Hood on April 22, 2020. Robinson further admitted to Aguilar that he transferred the woman’s body off of Ft. Hood to a remote site in Bell County. Subsequently, Robinson enlisted the help of Aguilar in disposing of the dead female’s body. The complaint further alleges that at a later time Aguilar recognized the deceased, whom she helped Robinson mutilate and dispose of, as Vanessa Guillen. The remains found in Bell County have yet to be formally identified by authorities.
The complaint further states that earlier this week, Robinson shot and killed himself when confronted by police.
Upon conviction, Aguilar faces up to 20 years in federal prison and a maximum $250,000 fine. She remains in custody at this time awaiting her Initial Appearance in federal court in Waco. The hearing is expected to take place early next week.
Agents and investigators from USACID, FBI, Texas Rangers, Bell County Sheriff’s Office, Killeen Police Department, Belton Police Department, Texas Parks and Wildlife and the U.S. Marshals Service are continuing to investigate this case. Assistant U.S. Attorneys Mark Frazier and Greg Gloff are 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.
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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 Pleads Guilty to Fraudulent Income Tax Return PreparationRead the Press Release
In San Antonio today, Richard Medina, Sr., admitted to the preparation of false U.S. Income Tax Returns which contained fraudulent deductions and making a false statement in U.S. bankruptcy proceedings, announced U.S. Attorney John F. Bash and IRS-Criminal Investigation Special Agent in Charge Richard D. Goss, Houston Field Office.
According to public records, the defendant operated an unnamed and unregistered tax preparation business out of his residence from 2013-2016. He assisted clients in preparing their federal income tax returns. On the tax returns he prepared and submitted to the IRS, Medina admittedly included false credits and itemized deductions. Specifically, on a client’s 2015 Individual Income Tax Return, Medina provided fraudulent figures—$6,245 in Residential Energy Credits and itemized deductions totaling $60,451—to which the tax preparer was not entitled. Medina further admitted that he produced over 30 fraudulent tax returns for others and four personal tax returns for a total loss to the U.S. government of $273,372.
Prior to 2013, Medina and his wife filed for bankruptcy protection under Chapter 13. By pleading guilty, Medina admitted that he failed to report to the U.S. Bankruptcy Trustee income derived from his tax preparation business since 2013. Medina also admitted that he made false statements to the Social Security Administration omitting his income derived from his tax return preparation business in order to obtain Social Security disability benefits he would not have otherwise received.
Medina faces up to three years in federal prison and restitution to the IRS for the false tax return charge and up to five years in federal prison for making a false statement in U.S. bankruptcy proceedings. Medina remains on bond pending sentencing scheduled for September 16, 2020, before U.S. District Judge Xavier Rodriguez.
Agents with the IRS—Criminal Investigation conducted this investigation. Assistant U.S. Attorney William R. Harris is 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.
Federal Complaint Filed Against Austin Man for Multi-Million Dollar Fraud Scheme Related to the SBA Paycheck Protection Program During COVID-19 PandemicRead the Press Release
In Austin today, federal authorities arrested Michael George McQuarn, 51 of Austin, for allegedly defrauding the U.S. Small Business Administration (SBA) Paycheck Protection Program of more than $2 million.
U.S. Attorney John F. Bash; SBA Office of Inspector General (SBA OIG) Central Region Special Agent in Charge Donald Abram; Acting IRS-Criminal Investigation (IRS-CI) Special Agent in Charge Rodrick Benton, Houston Field Office; Treasury Inspector General for Tax Administration Office of Investigations (TIGTA) Special Agent in Charge Gary L. Smith, Mid-States Field Division; Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG) Special Agent in Charge Laurie L. Younger, Dallas; and, Texas Attorney General Ken Paxton made today’s announcement.
This year, Congress has authorized over $600 billion in emergency financial assistance to millions of Americans suffering economic hardship caused by the COVID-19 pandemic. A portion of those funds included forgivable loans to small businesses for job retention and certain other expenses (payroll, rent, utilities, mortgage payments, etc.) through the Paycheck Protection Program (PPP). In order to receive funding, businesses must submit an application along with supporting documentation which must be approved by the SBA.
A criminal complaint unsealed this morning charges McQuarn with wire fraud and making false statements to the SBA. The complaint alleges that beginning in April 2020, McQuarn implemented a scheme whereby he submitted fraudulent applications and supporting paperwork of two fictitious companies he created—Vantastic Voyages, LLC and Happy Days Movers, LLC—to secure SBA-backed PPP loans. McQuarn claimed the funds were for legitimate business purposes when, in fact, the money was used for his own personal use, including purchasing a 26’ Pavati Wake Boat and a Rolls Royce. The complaint further alleges that McQuarn fraudulently received in excess of $2 million in PPP funds.
“The Paycheck Protection Program was designed to help Americans struggling with financial hardship during the pandemic. Our office will be aggressive in targeting anyone who defrauds this critical program,” stated U.S. Attorney Bash.
“The defendant egregiously sought personal gain from a program intended to assist hardworking Americans in this challenging time,” said SBA OIG Central Region Special Agent in Charge Abram. “SBA OIG and its law enforcement partners will aggressively pursue allegations of wrongdoing to maintain the integrity of SBA’s programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
“We are pleased to join our law enforcement partners in pursuit of those individuals using the COVID-19 pandemic as an opportunity to defraud the nation’s financial institutions and government relief programs,” stated FDIC-OIG Special Agent in Charge Younger.
Upon conviction, McQuarn faces terms of imprisonment up to 20 years for wire fraud and up to five years for making false statements to the SBA.
SBA OIG, IRS-CI, FDIC-OIG, TIGTA and the Texas Attorney General’s Office are conducting this ongoing investigation. Assistant U.S. Attorneys Matthew Devlin, Michael Galdo and Robert Almonte are prosecuting this case on behalf of the government.
If anyone believes that they or their family are the victims of a scam or attempted fraud involving stimulus payments related to COVID-19 fraud, they can report it without leaving their home. Please contact the National Center for Disaster Fraud Hotline at 866-720-5721 or by email at [email protected]. If it is a cyber scam, they may also submit a complaint at www.ic3.gov.
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.
Federal Judge in Waco Issues Several Lengthy Prison Sentences TodayRead the Press Release
In Waco today, U.S. District Judge Alan Albright handed down lengthy federal prison sentences to multiple defendants in four separate cases, announced U.S. Attorney John F. Bash, FBI Special Agent in Charge Chris Combs, San Antonio Field Office, and Drug Enforcement Administration (DEA) Special Agent in Charge Steve Whipple, Houston Division.
- Judge Albright sentenced 31-year-old Michael James Wier of Jacksonville, FL, to 30 years imprisonment followed by a lifetime of supervised release. Judge Albright also ordered Wier to pay a $10,000 fine. On December 19, 2019, Wier pleaded guilty to two counts of aggravated sexual abuse of a child. Wier admitted to sexually assaulting two minors, both of whom were under the age of 12, while residing on Fort Hood between May 2008 and January 2011. The FBI, U.S Army Criminal Investigation Command and the Aiken County Sheriff’s Office in South Carolina investigated this case. Assistant U.S. Attorneys Mark Frazier and Mary Kucera prosecuted this case on behalf of the government.
- Judge Albright sentenced 32-year-old Devito Dembinsky of McGregor, TX, to 413 months imprisonment followed by five years of supervised release. On June 11, 2019, Dembinsky pleaded guilty to one count of obstruction of justice, one count of retaliating against a witness and one count of conspiracy to possess with intent to distribute at least 50 grams of methamphetamine. Dembinsky admitted that in January 2019, while incarcerated awaiting trial on the meth charge, he punched a co-conspirator multiple times in the face. The co-conspirator suffered multiple broken bones in his nose and a large lip contusion. During subsequent recorded telephone conversations from inside the detention facility, Dembinsky bragged to two different individuals that he had assaulted the “snitch” and “rat” because he believed the individual agreed to cooperate with prosecutors and be a witness against Dembinsky. “The lengthy sentence handed down today sends a clear message to those who poison our communities with dangerous drugs, and then attempt to avoid accountability for their criminal conduct by threatening or harming witnesses,” stated FBI Special Agent in Charge Combs. “Obstruction of Justice strikes at the foundation of our criminal justice system and will not be tolerated.” The FBI and the Temple Police Department investigated this case. Assistant U.S. Attorney Stephanie Smith-Burris prosecuted this case on behalf of the government.
- Judge Albright sentenced a pair of defendants, 36-year-old Jeremy King of Temple, and 42-year-old Joe Aaron Holmesley of Austin, TX, to 365 months and 300 months imprisonment, respectively, for conspiring to distribute methamphetamine throughout the Waco area from September 2018 to April 2019. Judge Albright ordered that each defendant pay a $1,000 fine and be placed on supervised release for a period of five years after completing their prison terms. Both defendants pleaded guilty to the charge. The Temple Police Department, FBI and the DEA investigated this case. Assistant U.S. Attorney Stephanie Smith-Burris prosecuted this case on behalf of the government.
- Judge Albright sentenced 55-year-old Delida Mindieta of Temple, to 87 months imprisonment followed by three years of supervised release. Judge Albright also ordered that Mindieta pay a $100 fine and $8,121 in total restitution to three separate banks. On November 5, 2019, Mindieta pleaded guilty to three counts of bank robbery. Mindieta admitted robbing: the BBVA Compass Bank located on East Central Avenue in Belton, TX, on April 22, 2019; the Wells Fargo Bank located on University Oaks Boulevard in Round Rock, TX, on April 22, 2019; and, the Texas Champion Bank located on West Oaklawn Road in Pleasanton, TX, on April 25, 2019. She also admitted to robbing the Wells Fargo Bank in Edna, TX, on April 30, 2019. On each occasion, Mindieta entered the financial institution and demanded cash from bank tellers. The FBI, Belton Police Department, Round Rock Police Department and the Atascosa County Sheriff’s Office investigated this case. Assistant U.S. Attorney Greg Gloff 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.
- Judge Albright sentenced 31-year-old Michael James Wier of Jacksonville, FL, to 30 years imprisonment followed by a lifetime of supervised release. Judge Albright also ordered Wier to pay a $10,000 fine. On December 19, 2019, Wier pleaded guilty to two counts of aggravated sexual abuse of a child. Wier admitted to sexually assaulting two minors, both of whom were under the age of 12, while residing on Fort Hood between May 2008 and January 2011. The FBI, U.S Army Criminal Investigation Command and the Aiken County Sheriff’s Office in South Carolina investigated this case. Assistant U.S. Attorneys Mark Frazier and Mary Kucera prosecuted this case on behalf of the government.
El Paso Man Faces Federal Charge of Posting Threatening Communications over the InternetRead the Press Release
Manuel Flores, age 42 of El Paso, faces a federal charge of posting a threatening communication over the Internet, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.
On Monday, FBI agents arrested Flores in Dallas based on a federal criminal complaint filed in El Paso. According to the criminal complaint, Flores recorded and uploaded a video to YouTube entitled “[N*****] Lives Matter” in which he made threatening comments to Black Lives Matter protestors. During the video, the defendant is seated visible only from the knees down with what appears to be an AR-15 style rifle resting on the defendant’s feet. Flores stated that he would be travelling on I-20 Eastbound through Dallas on Monday while daring individuals representing Black Lives Matter to “stop him.” Flores further stated that “my dream is at least take out at least 200 [N******].”
On Monday, FBI agents located and arrested Flores in the Dallas area without incident. He had his initial appearance yesterday before a U.S. Magistrate in Dallas.
Flores is charged with one count of transmitting threatening communications. Upon conviction, he faces up to five years in federal prison. He remains in the custody of the U.S. Marshals Service at this time awaiting transfer to El Paso. His preliminary hearing before a U.S. Magistrate in El Paso has yet to be scheduled.
The FBI is investigating this case. Assistant U.S. Attorney Ian Hanna 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.
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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 Man Sentenced to 200 Months in Federal Prison for Possession of Child PornographyRead the Press Release
In Waco, a federal judge sentenced 43–year-old James Stevens to 200 months in federal prison for possession of child pornography, announced U.S. Attorney John F. Bash and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
During sentencing on June 10, 2020, U.S. District Judge Alan Albright also ordered that Stevens pay $5,000 in restitution and be placed on supervised release for a period of ten years after completing his prison term.
“I am thankful that we were able to put another predator behind bars. The sexual exploitation of children is one of the most critical problems facing our country, and it doesn’t get remotely enough attention,” stated U.S. Attorney Bash.
On February 11, 2020, Stevens pleaded guilty to one count of possession of child pornography. According to court records, information concerning child sexual exploitation material provided by the National Center for Missing and Exploited Children (NCMEC) and the South Australian Police led HSI investigators to the defendant. In June 2019, authorities executed a search warrant at the defendant’s residence in Temple and seized his cellular telephone. Stevens was arrested based on outstanding state warrants, but later bonded out of jail.
During a subsequent forensics review of the defendant’s cell phone, authorities discovered numerous images of child pornography as well as images of the defendant pant-less, lying down on a bed next to a minor victim. Information obtained from the images led investigators to a residence in Rockdale, TX, where the minor victim lived with his biological father. Inside the residence, investigators saw the defendant lying on a bed with the minor victim sitting next to him. During an interview, the biological father stated that the four-year-old victim is non-verbal, suffered from a cognitive disability and lacked specific skills that would be normally associated with a child of that age. The biological father also admitted that he and the defendant were in a relationship and that they used methamphetamine which was found in the residence. State authorities arrested both men for the methamphetamine and notified Child Protective Services.
During this investigation, agents discovered approximately 121 images and 24 videos of child pornography on the defendant’s cell phone, computer and online accounts.
“The significant sentence imposed on James Stevens sends a clear message that there are serious consequences for those who exploit children. Stevens will serve almost 17 years in federal prison for his incomprehensible acts,” stated HSI Special Agent in Charge Folden. “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 assistance from the Bell County Sheriff’s Office and the Milam County Sheriff’s Office. 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.
San Antonio Man Charged with Transporting a Minor Living in Boston to Texas to Engage in Sexual RelationsRead the Press Release
A federal judge today unsealed a criminal complaint charging 48–year-old San Antonio resident Shannon Kuchler with driving to Boston to pick up a minor he met on the “Dark Web” and transport her to San Antonio in order to engage in sexual relations, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
The criminal complaint charges Kuchler with transportation of a minor with intent to engage in criminal sexual activity. According to the criminal complaint, the defendant met his 16-year-old victim on the “Dark Web” in 2019. In December 2019, Kuchler traveled to Boston, picked up his victim and transported her to San Antonio. On several occasions during the trip to Texas, Kuchler engaged in sexual intercourse with his victim. After arriving in San Antonio, the complaint alleges that Kuchler sexually assaulted the victim on two occasions and forced her to engage in oral sex.
The U.S. Marshals Service arrested Kuchler at his residence yesterday. Kuchler remains in federal custody pending a detention hearing at 9:30am on June 23, 2020, before U.S. Magistrate Judge Henry Bemporad in San Antonio.
The FBI’s San Antonio Crimes Against Children Task Force, San Antonio Police Department, Boston Police Department and the Suffolk County District Attorney’s Office in Boston investigated this case. Assistant U.S. Attorney Bettina Richardson 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 considered innocent until proven guilty in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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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.
Statement by U. S. Attorney John F. Bash in Observance of the 15th Annual World Elder Abuse Fraud Awareness DayRead the Press Release
Today United States Attorney John F. Bash joined Attorney General William P. Barr and the entire Department of Justice in observing the 15th Annual World Elder Abuse Awareness Day. On the day dedicated to recognizing our seniors, the Department of Justice sends a strong message that the fight to keep seniors safe continues to be a top priority. The Department echoes voices around the world condemning elder abuse, neglect and exploitation.
“There are many fraudsters and other criminals who seek to take advantage of the elderly. I am exceptionally proud of the work that our office has done to bring them to justice,” stated U.S. Attorney Bash.
Every day our seniors are targeted with fraudulent robocalls, spam emails, and other unsolicited messages seeking to exploit seniors and to steal their hard-earned life savings. Fraud schemes include:
- Lottery phone scams where callers convince seniors that a fee or tax must be paid in order to receive lottery winnings;
- Grandparent scams where callers convince seniors that their grandchildren have been arrested and need bail money;
- Romance scams where victims are lulled into believing that their romantic interest needs funds for a visit to the United States or for some other purpose;
- Government employee imposter scams where callers pose as an IRS agent or other government representative claiming that the victim owes back taxes or that there is an issue with the victim’s government benefits;
- Money Mules who receive scam proceeds from victims and then quickly transfer the money into bank accounts controlled by fraudsters; and,
- Tech Support scams where scammers offer assistance with computer viruses or malware they claim were detected on the victim’s computer.
The Western District of Texas has prosecuted multiple defendants for elder fraud-related offenses in the past several years. In the past calendar year alone, the District has brought and sentenced elder fraud-related charges in San Antonio and Austin. Those cases include:
- Olumide Bankole Morakinyo (A19-CR-200): The Defendant hired others to launder funds from various fraud schemes using stolen personally identifiable information (PII). The fraud schemes included stealing from the Texas Employee Retirement System and redirecting money from retired Texas employees. It also included a multimillion-dollar tax refund fraud scheme. Morakinyo is currently awaiting sentencing.
- Akinbobola Akinmadeyemi and Clarence Barefield (A18-CR-333): Two Defendants from an eight-defendant indictment schemed to steal over $250 million from elderly Americans via a sweepstakes scam. The defendants then laundered the proceeds from that offense as well as the proceeds from a multimillion-dollar tax refund scheme. Akinmadeyemi was sentenced to 120 months of imprisonment. Barefield was sentenced to 96 months of imprisonment. The remaining defendants await sentencing or extradition from other countries.
- Paola Gallego (A18-CR-272): The Defendant was a banker in Austin, Texas who stole millions from an elderly married couple who were her clients at the bank by deceiving them into transferring funds into accounts she controlled. Gallego was sentenced to 60 months imprisonment and ordered to pay restitution.
- Robert Wayne Boling, Jr., et al. (SA19-CR-524): Defendants, based in the U. S. and in the Philippines, carried out an identity theft and fraud scheme that targeted thousands of older U. S. Military service members and veterans. The defendants gained access to a Department of Defense Portal and stole millions of dollars from military members’ bank accounts.
In addition, the U. S. Attorney’s Office helped coordinate interviews of money mules by federal, state, and local law enforcement agencies. Money mules are often unknowing victims of criminals. The money mules fall victim to romance or work-from-home schemes and then are tricked into receiving funds from other victims and sending those funds to criminals perpetuating the scheme. By identifying and personally interceding with the money mules, law enforcement diminishes the ability of the fraudsters to profit from their scams.
Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities. The Justice Department and its law enforcement partners have undertaken a series of steps to identify and hold accountable those who take advantage of the elderly to include:
- Establishment of a National Elder Fraud Hotline (833-FRAUD-11) so victims can report fraud activity and receive information about available services to help them;
- Formation of the Transnational Elder Fraud Strike Force to combat foreign elder fraud schemes;
- The Annual Elder Justice Sweep was conducted in March of this year. It was the largest coordinated sweep of elder fraud cases in department history;
- Money Mule Initiative that involves law enforcement concentrating efforts around the world to disrupt, investigate, and prosecute those who facilitate financial fraud schemes on senior citizens; and
- Focusing on foreign-based perpetrators as in the Boling case mentioned above.
For more information on enforcement actions, training and resources, research, and victim services, please visit www.justice.gov/elderjustice.
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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.
Man Sentenced to Federal Prison for Attempting to Smuggle over $879,000 in U.S. Currency to MexicoRead the Press Release
In San Antonio today, a federal judge sentenced 22-year-old Juan Pablo Hoyos Avila, a Mexican national residing in San Antonio, to five years in federal prison for attempting to smuggle more than $879,000 in alleged drug proceeds to Mexico, announced U.S. Attorney John F. Bash and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison term, U.S. District Judge Fred Biery also ordered that Hoyos Avila be placed on supervised release for a period of three years after completing his prison term. Judge Biery previously ordered the forfeiture of seized funds to the government.
On March 17, 2020, Hoyos Avila pleaded guilty to one count of conspiracy to commit money laundering. According to court records, on July 16, 2018, Hoyos Avila and Rafael Gabriel Martinez Leal, a 22-year-old citizen of Mexico, were on a private plane at San Antonio International Airport bound for Mexico with $879,695 in undeclared U.S. Currency. Inside the plane, authorities located the money inside a suitcase and inside cardboard packaging for an 18” box fan. Authorities arrested Hoyos Avila and Martinez Leal. Both defendants have remained in federal custody since their arrest.
On May 7, 2020, Judge Biery sentenced Martinez Leal to 70 months in federal prison. Martinez Leal pleaded guilty on August 24, 2019, to one count of conspiracy to commit money laundering. By pleading guilty, Martinez Leal admitted that beginning in 2017, he coordinated the movement of money throughout the U.S. to San Antonio. On several occasions in 2018, Martinez Leal collected cash from Hoyos Avila before flying it back to Mexico using private aircraft.
“This sentence represents the seriousness of these crimes and serves as an appropriate punishment for Juan Pablo Hoyos Avila. The smuggling of bulk cash often contributes to the cartel violence that damages communities on both sides of the border. HSI will continue to utilize its broad investigative authorities to dismantle transnational criminal organizations who blatantly ignore the laws of this nation,” stated HSI Special Agent in Charge Folden.
Agents from HSI and the U.S. Customs and Border Protection investigated this case. Assistant U.S. Attorneys Adrian Rosales, Antonio Franco, Jr. and Mary Nelda Valadez 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.
Midland Man Sentenced to Statutory Maximum of 80 Years in Federal Prison on Child Pornography ChargesRead the Press Release
In Midland today, a federal judge sentenced 32-year-old Christopher Ernest Martinez to a statutory-maximum 80 years in federal prison for producing and distributing child pornography, announced U.S. Attorney John F. Bash.
In addition to the prison term, U.S. District Judge David Counts ordered that Martinez be placed on supervised release for a period of ten years after completing his prison term. On December 19, 2019, Martinez pleaded guilty to two counts of production of child pornography and one count of distribution of child pornography.
On March 4, 2020, Judge Counts sentenced co-defendant, 23-year-old Kelsey Renee Hubbard of Midland, to 40 years in federal prison followed by ten years of supervised release after pleading guilty to one count of aiding and abetting production of child pornography and one count of distribution of child pornography.
According to court records, a local business contacted the Midland Police Department (MPD) on September 30, 2019, about a computer sold to them by Hubbard. The computer contained several images of children engaged in sexually explicit conduct. The business contacted MPD when Hubbard appeared the next day attempting to sell jewelry. Officers arrived on the scene and detained Hubbard. Hubbard admitted to investigators that she attempted to clear the computer’s memory before selling it. She also consented to allow MPD to search her cell phone. A forensics exam of her phone revealed several text messages in September 2019 in which Hubbard and Martinez exchanged approximately 60 images of child pornography, most of them produced by Hubbard at the request of Martinez.
“Today a child predator is off the streets for good. The 80-year sentence sends a powerful signal about our seriousness in fighting the scourge of child abuse,” stated U.S. Attorney Bash.
The Midland Police Department investigated this case. Assistant U.S. Attorney Monica Daniels and former Assistant U.S. Attorney Austin Berry 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.
El Paso Man Pleads Guilty to Role in Scheme to Sell Protected CactiRead the Press Release
In Pecos today, 47-year-old Harry George Bock, II, pleaded guilty to his role in a scheme to illegally sell protected living rock cactus plants, announced U.S. Attorney John F. Bash; Phillip Land, Special Agent in Charge of the U.S. Fish and Wildlife Service (FWS), Office of Law Enforcement of the Southwest Region; and, Homeland Security Investigations (HSI) Acting Special Agent in Charge Erik P. Breitzke, El Paso Division.
Appearing before U.S Magistrate Judge David Fannin, Bock pleaded guilty to one count of mislabeled exports. According to court records, from May 2017 to August 2018, Bock conspired with others in a scheme whereby they submitted false identification of actual living rock cacti (Ariocarpus fissuratus), a protected species, with the intent to export and sell the plants for financial gain. On May 14, 2018, 41 living rock cacti shipped by Bock were seized by authorities at the International Mail Facility in Chicago, IL.
In 2012, Texas-based FWS Special Agents uncovered a substantial trafficking organization smuggling thousands of protected living rock cactus from the Big Bend region of Western Texas. Cooperative investigative work led to the execution of six residential search warrants served mostly in remote areas of far southwest Texas where the living rock cacti naturally occur. The living rock cacti were advertised through internet sales and mostly consummated with end purchasers from Europe and Asia. Several parcels containing the live cacti were intercepted at international mail facilities and were found to be falsely labeled which substantiated felony charges to the sellers.
“When you mess with protected Texas cacti, you’re messing with Texas. My office will continue to work with our law-enforcement partners to protect our State’s natural heritage,” stated U.S. Attorney Bash.
The living rock cacti are afforded protection through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and listed as Appendix I protected plant species that prohibit foreign commerce. The CITES Appendix I listing categories the species as threatened with extinction and limits international movements to scientific research and zoological display.
Bock remains on bond pending formal sentencing. No sentencing date has been scheduled. Five other individuals have been prosecuted and sentenced in relation to this scheme.
“Breaking up international and domestic smuggling rings that target imperiled plants and animals is an important part of the U.S. Fish and Wildlife Service’s work,” said FWS Special Agent in Charge Land. “This case demonstrates how cooperation between enforcement agencies can achieve strong results. We thank our partners at the National Park Service, Department of Homeland Security, Texas Parks and Wildlife Department, the U.S. Postal Service, and the U.S. Department of Agriculture for their help with this case.”
“Individuals who deal in protected native plants are not only doing damage to the environment, but they are stealing from the American people,” said HSI Acting Special Agent in Charge Breitzke. “HSI will continue to work with our law enforcement partners to investigate and prosecute these criminals to ensure the protection of these West Texas natural treasures.”
Thousands of live cacti seized by law enforcement during this investigation were cared for and donated to non-profit entities through assistance from the Sul Ross State University.
Assistant U.S. Attorney James J. Miller, Jr., is 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.