Western District of Texas
Press releases recorded for this federal judicial district.
Justice Department Reaches Settlement Agreement with El Paso Business over Allegations of Violating the Employment Rights of a Texas Army National Guard MemberRead the Press Release
The Department of Justice announced today that it has reached a Settlement Agreement with Superior Asphalt Enterprises, Inc., DBA Frontier Roofing Supply (“Frontier”), a business with its principal location in El Paso, Texas. The Settlement Agreement resolves allegations that Frontier violated the employment rights of Texas Army National Guard Member Alejandro S. Booth (“Booth”) under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations. USERRA also protects servicemembers from discrimination on the basis of their military obligations. Booth is currently a Sergeant with the Texas Army National Guard where he has served since 2005.
According to the complaint Booth filed with the Department of Labor, Frontier fired Booth from his position as a Purchasing/Inventory Clerk due to his military service and subsequently denied Booth’s request for reemployment following his active military duty in August of 2015. Booth’s employment was terminated while he was attending his annual training requirements for the Texas Army National Guard. When Booth requested to return to work upon completion of his training, his request was denied based on his previous absence related to his military service. In exchange for a release of his claims under USERRA, Frontier has agreed to provide Mr. Booth with relief to include backpay, lost benefits and liquidated damages
“The United States has a solemn obligation to ensure that those selfless Americans who serve in the nation’s Armed Forces enjoy every opportunity to advance their civilian careers,” said Acting Associate Attorney General Jesse Panuccio. “The Department of Justice will be unwavering in protecting the rights of our nation’s service members and we will continue to hold accountable employers who violate those rights.”
“Mr. Booth was called away from his job in order to serve the country in the National Guard,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Our nation’s security is dependent on the brave men and women of our National Guard, and the Department of Justice is here to ensure that all service members can complete their military obligations without fear that by doing so, they will lose their civilian jobs.”
“Members of our National Guard make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Richard L. Durbin, Jr., of the Western District of Texas. “When our service members are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations. We sought this Settlement Agreement, on behalf of Sergeant Booth, a member of the Texas Army National Guard, to ensure that he does not lose his rights while he was protecting ours.”
Booth initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties. After resolution efforts failed, VETS referred the complaint to the Justice Department’s Civil Rights Division, Employment Litigation Section. This Settlement Agreement, which is not an admission of liability by Frontier, followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Texas.
The Department of Justice gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Three San Antonio Men Arrested and Charged in Drug Trafficking ConspiracyRead the Press Release
In San Antonio, three men, including a member of the Bloods street gang, are in federal custody charged for participating in a drug trafficking conspiracy announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
Earlier today, federal authorities took into custody 32–year-old Bloods gang member Lawrence Lamont Manor (aka Lawrence King, “Big Boy”) without incident. Manor, along with 44–year-old Michael Deshon Norman (aka “Mike”) and 32–year-old Tremal Rowe (aka Chi-Town”) are charged by a federal criminal complaint with conspiracy to possess with intent to distribute more than 280 grams of “crack” cocaine.
According to the complaint, from March 13, 2017 to May 1, 2017, Manor conspired with Norman and Rowe to convert cocaine into “crack” cocaine inside his house on the City’s east side, then package the “crack” cocaine and sell it to their customers. The complaint further alleges that on April 30, 2017, the defendants kidnapped one of Manor’s customers based on an unpaid drug debt. They transported the victim to Manor’s residence where he was held against his will. On May 1, 2017, agents conducting surveillance on Manor’s residence observed Rowe depart the residence. They subsequently detained Rowe and brought him back to Manor’s residence where they then executed a search warrant. Upon entry, agents discovered Norman inside as well as the victim with his hands and feet tied by a rope and his head covered with a black t-shirt lying on the floor.
All three defendants remain in federal custody. The defendants face between ten years and life in federal prison upon conviction.
The Federal Bureau of Investigation conducted this investigation with assistance from the San Antonio Police Department.
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.
Alpine Man Admits to Intentionally Setting U.S. Post Office AblazeRead the Press Release
In Alpine today, 59-year-old Karl Henry Peterson admitted to setting the U.S. Post Office in Alpine ablaze last year announced United States Attorney Richard L. Durbin, Jr. and Inspector in Charge Adrian Gonzalez, U.S. Postal Investigation Service, Houston Division.
Appearing before United States Magistrate Judge David Fannin, Peterson pleaded guilty to one count of arson involving a federal facility. By pleading guilty, Peterson admitted to setting fire to the U.S. Post Office during the early morning hours on October 12, 2016. As a result, the building suffered extensive damage.
Peterson, who remains in federal custody, faces an agreed sentence of 37 months in federal prison. Formal sentencing has yet to be scheduled.
The United States Postal Inspection Service, together with the Texas State Fire Marshal’s Office and the Alpine Police Department, investigated this case. Assistant United States Attorney James J. Miller, Jr., is prosecuting this case on behalf of the Government.
Austin Man Indicted on Federal Firearms ChargeRead the Press Release
In Austin today, a federal grand jury returned an indictment against 50-year-old Steven Thomas Boehle for possession of a firearm by a prohibited person announced United States Attorney Richard L. Durbin, Jr.; and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment alleges that on April 12, 2017, Boehle was in possession of three firearms, namely semi-automatic pistols, while being an unlawful user of a controlled substance.
According to court records, last month, FBI Joint Terrorism Task Force (JTTF) agents received information that an individual, subsequently identified as the defendant, was planning to conduct a mass shooting.
On April 12, 2017, a State search warrant stemming from a narcotics investigation was executed at the Boehle’s residence. At that time, authorities seized the three firearms and over one thousand rounds of ammunition.
A federal search warrant was executed on April 14, 2017, at a storage unit in Austin that was leased by Boehle. Agents recovered ten long guns (rifles and shotguns) during the execution of that search warrant.
Boehle faces up to ten years in federal prison upon conviction. Yesterday, a federal magistrate judge in Austin set bond at $10,000 for Boehle. Boehle remains in custody while the U.S. District Court reviews the release order. The case has been assigned to U.S. District Judge Sam Sparks. No hearings have been scheduled at this time.
The FBI JTTF conducted this investigation with assistance from the Austin Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Gregg N. Sofer 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.
Import Merchandising Concepts L.P. and Two Individuals Agree to Pay $275,000 to Settle False Claims Act Liability for Evading Customs DutiesRead the Press Release
The Department of Justice announced today that Import Merchandising Concepts L.P. (IMC) and two individuals, Glen Michaels and Alan Lewis, have agreed to pay $275,000 to resolve allegations that the company improperly evaded customs duties on imports of wooden bedroom furniture from the People’s Republic of China (PRC), in violation of the False Claims Act. IMC imports, among other things, bedroom furniture that is sold for use in university student housing. The company is headquartered in Addington, Texas. Glen Michaels is an IMC executive, and Alan Lewis was an IMC agent.
“Those who import and sell foreign-made goods in the United States must comply with the law, including laws intended to protect domestic companies and American workers from unfair foreign competition,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This settlement reflects the Department of Justice’s commitment to pursue those who seek to evade import duties owed on goods manufactured abroad thereby gaining an unfair advantage in U.S. markets.”
The settlement announced today resolves allegations that IMC, led by Glen Michaels and Alan Lewis, evaded antidumping duties on wooden bedroom furniture imported from the PRC between 2009 and 2014, by misclassifying the furniture as non-bedroom furniture on its official import documents. Antidumping duties protect against foreign companies “dumping” products on the U.S. market at prices below cost. The U.S. Department of Commerce assesses and U.S. Customs and Border Protection (CBP) collects these duties to protect U.S. businesses and level the playing field for domestic products. At the time of the imports alleged in this case, wooden bedroom furniture from the PRC was subject to a 216 percent antidumping duty; non-bedroom furniture was not subject to any antidumping duties.
The investigation was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Texas and CBP.
The claims resolved by this settlement are allegations only; there has been no determination of liability.
Former Val Verde County Commissioner Enters Guilty Plea to Federal Tax ChargesRead the Press Release
In Del Rio this afternoon, 64-year-old former Val Verde County Precinct 1 Commissioner Ramiro V. Ramon pleaded guilty to charges that he underreported his total income on three separate federal Income Tax Returns. That announcement was made today by United States Attorney Richard L. Durbin, Jr., FBI Special Agent in Charge Christopher Combs and IRS-Criminal Investigation Special Agent in Charge William Cotter.
Appearing before United States District Judge Alia Moses, Ramon pleaded guilty to three counts of false statements on Income Tax Returns. According to court records, since 2005, the defendant managed a Val Verde County real estate project called “the Ranch.” Between 2005 and 2012, Ramon accepted approximately $47,000 in payments from a San Antonio developer; approximately $10,500 from a group of New Braunfels business owners; and $5,000 from a California businessman, to manage the property. Ramon, admittedly, failed to report the total income he received from managing ‘The Ranch” on his electronically filed federal income tax returns for 2010, 2011 and 2012.
Ramon faces up to three years in federal prison for each charge as well as a to-be-determined-amount of restitution to the Internal Revenue Service. , who served as Val Verde County Precinct 1 Commissioner from 2003 through January 2, 2017, remains on bond pending sentencing. No sentencing date has been set.
This indictment resulted from an investigation conducted by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service-Criminal Investigation (IRS-CI). Assistant United States Attorneys Jay Hulings, William R. Harris and Goran Krnaich are prosecuting this case on behalf of the Government.
Former Fort Stockton Teacher Sentenced for Wire Fraud SchemeRead the Press Release
In Alpine this morning, a federal judge sentenced George Mariadas Kurusu, a 58-year-old Indian national and a former Fort Stockton Independent School District (FSISD) teacher, to time served (approximately 11 months) and ordered him to pay $53,004.51 restitution for a wire fraud scheme involving the hiring of Indian nationals to teach in the United States. United States District Judge Louis Guirola also ordered that Kurusu forfeit $5,987.49 to the Government and serve three years of supervised release. Kurusu has been in federal custody since his arrest in May 2016.
United States Attorney Richard L. Durbin, Jr., Steven Grell, Special Agent in Charge of the Dallas Regional Office, U.S. Department of Labor, Office of Inspector General, and Michael V. Perkins. Special Agent in Charge of the Houston Field Office, U.S. Department of State, Bureau of Diplomatic Security Service made the announcement today.
On January 19, 2017, Kurusu pleaded guilty to two counts of wire fraud; one count of fraud in foreign labor contracting; one count of tampering with a witness, victim or an informant; and, one count of making a false statement on a visa application. By pleading guilty, Kurusu admitted that from December 2012 to May 2016, he defrauded several individuals out of more than $50,000 for a “visa package” provided by a company he owned which promised H1-B visas, teaching jobs, and the maintenance of those jobs and visas for his victims.
According to court records, Kurusu, a H1-B visa holder, established a separate business, Samaritan Educational Services (Samaritan), which he personally obtained financial benefits in violation of his visa. Kurusu also lied on an application to renew his visa. However, Kurusu began placing advertisements in a newspaper in Hyderabad, India, providing services for a fee to individuals who were seeking teaching positions in the United States. Kurusu led applicants to believe that they had to go through his business in order to both obtain a visa and a job. Kurusu inserted himself between the applicant and both the State Department, issuer of visas, and the FSISD, who paid for the visa and did the hiring. Kurusu, through his business, had the victims pay large fees on the pretext they were solely to be used to complete paperwork and none would go to him. Kurusu paid those nominal fees, but pocketed the rest. The victims initially set up all the paperwork for the visa and to obtain a job at FSISD then provided Kurusu such information along with other personal information. Kurusu, in promoting his scheme, used this information to place a buffer between the victims and both the State Department and FSISD. Kurusu further insured his scheme was not revealed when he ordered the victims not to mention to the State Department they enlisted the services of Samaritan and not to contact FSISD directly, but only through him.
When the victims arrived in the United States, in particular within the FSISD, Kurusu had the victim’s set up a bank account and an Electronic Transfer of Funds (ETF) where 15% of their monthly paychecks, before taxes, were wired to Kurusu’s Samaritan business bank account. Kurusu advised the victims this was for consulting fees, then later for his “services” to make sure they had continuous employment and to maintain their visas-- two things of which Kurusu had no control. When the victims began questioning the arrangement, Kurusu warned the victims that if they did not pay, they would lose their jobs and their visas; and again, advised them not to contact the FSISD otherwise they would jeopardize all H1-B visa holders in the district. FSISD was unaware of the defendant’s scheme.
Once Kurusu became aware an investigation was being conducted, he went to the victims and informed them not to talk to law enforcement. Kurusu told them that if they did speak to law enforcement, he, them, and all the other H1-B visa holders in the district would lose their jobs, lose their visas, and be deported.
This investigation was conducted by agents with the U.S. Department of Labor, Office of Inspector General, Dallas Regional Office, the U. S. State Department, Diplomatic Security Service, Houston Field Office, with the assistance of the U.S. Border Patrol in Fort Stockton, Texas. Assistant United States Attorney James J. Miller, Jr., prosecuted this case on behalf of the Government.
Three Arrested and Charged in Multi-Million Dollar Investment SchemeRead the Press Release
In Del Rio, three men face federal charges for their alleged roles in an advanced fee investment scheme through which they obtained in excess of $5 million from their victims announced United States Attorney Richard Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio.
The two-count federal grand jury indictment, unsealed this afternoon, charges 56-year-old James Edward Cox of Waxhaw, NC; 49-year-old Kelly Ray Coronado of Del Rio; and, 53-year-old Gordon Richard Moskowitz of Sarasota, FL, with conspiracy to commit wire fraud and conspiracy to commit money laundering.
The indictment alleges that from January 2010 to January 2017, the defendants implemented a high-yield investment scheme to obtain money from multiple victims under false pretenses, promises and representations. The indictment further alleges that the defendants preyed on vulnerable parties – most of whom operated international non-profits – by promising them large-scale financing in exchange for upfront payments. Using a tapestry of deceit involving fake business entities, websites, and aliases, the defendants would induce such upfront payments and then work together to frustrate law enforcement detection and victim redress.
Upon conviction of each charge, the defendants face up to 20 years in federal prison. The indictment also seeks the criminal forfeiture of Cox and Coronado’s residences allegedly used to facilitate the defendants’ scheme.
Earlier today, FBI special agents arrested Cox and Moskowitz in Waxhaw, NC, and Sarasota, FL, respectively. Coronado was arrested in Del Rio on Monday.
Federal Bureau of Investigation special agents in Del Rio, Tampa and Charlotte conducted this investigation. Assistant United States Attorney Paul T. Harle and Daniel S. Lee 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.
San Antonio Man Sentenced to 20 Years in Federal Prison for Possession and Distribution of Child PornRead the Press Release
In San Antonio this morning, 33-year-old Michael Daniel Lee Kiper was sentenced to 20 years in federal prison followed by 20 years of supervised release for possession and transmission of child pornography announced United States Attorney Richard Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that a hearing be held in approximately 90 days in order to give victims enough time to request restitution in this case.
On November 8, 2016, Kiper pleaded guilty to one count of distribution of child porn and one count of possession of child porn.
On July 28, 2016, FBI agents executed a search warrant at the defendant’s residence and recovered a cell phone and a flash drive. A forensics examination of the seized items revealed the presence of images and videos depicting extremely young children being sexual assaulted. Kiper has remained in federal custody since his arrest on July 28, 2016.
The Federal Bureau of Investigation conducted this investigation. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.
San Antonio Man Sentenced to Federal Prison for Bank RobberyRead the Press Release
In San Antonio this morning, 55-year-old Daniell Lavale Branch was sentenced to 68 months in federal prison followed by three years of supervised release and ordered to pay $4,772 restitution for committing a bank robbery announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On September 12, 2016, Branch pleaded guilty to one count of bank robbery. By pleading guilty, Branch admitted that on February 5, 2016 he committed a bank robbery at the J. P. Morgan Chase Bank on Blanco Road and that on February 16, 2016 he committed another bank robbery at the Frost Bank on Blanco Road.
After the robbery at Frost Bank, two bank employees observed Branch walk out of the front door of the bank and get into the passenger side of a white Dodge Magnum.
San Antonio Police officers were able to locate the Dodge and make a stop of the vehicle. Branch was arrested and during a search of Branch’s person, officers located the stolen bank money.
According to court records, Branch previously spent 30-months in prison for a 1997 bank robbery he committed in New York.
This case was investigated by FBI and prosecuted by Assistant United States Attorney Michael R. Hardy.
Dalia Valencia Sentenced to Federal PrisonRead the Press Release
In El Paso this morning, 44-year-old Dalia Valencia was sentenced to federal prison announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
On May 27, 2016, Valencia pleaded guilty to one count of theft of government property and one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, namely acts of kidnapping, drug trafficking and money laundering.
Today, Senior United States District Judge David Briones imposed a 120-month sentence on the theft of government property charge and a 180-month sentence on the RICO charge. Both sentences are to run concurrent. In addition to the prison terms, Judge Briones ordered that Valencia pay over $80,000 in restitution to the families of her victims and $49,897 to the Social Security Administration; and, a money judgment for $12,480,000, to be paid joint and several with her brothers Emmanuel Velasco Gurrola and Samuel Velasco Gurrola. Judge Briones also ordered that Valencia forfeit to the Government real estate properties she owned in El Paso.
On March 23 and 24, 2017, Emmanuel Velasco Gurrola and Samuel Velasco Gurrola, respectively, were sentenced to life in federal prison for their roles in a murder-for-hire plot.
According to evidence presented during Samuel Velasco’s trial, in 2008, Samuel Velasco was married to Ruth Sagredo Escobedo. At the time, he was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Evidence further revealed that from September 2008 until November 2008, Samuel initiated a plot, with Dalia and Emmanuel’s help, to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that with Emmanuel’s help, Samuel also arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Samuel’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo and her friend Roberto Martinez were ambushed and murdered.
According to court records, Dalia, Emmanuel, and Samuel were part of a criminal organization that ran a cross-border car theft ring and imported and distributed tons of marijuana. The organization also engaged in an international kidnapping scheme whereby victims were kidnapped and held in Juarez, Mexico, while they and other criminal associates located in El Paso extorted ransom payment from the victims’ families.
Dalia, Emmanuel, and Samuel’s sister, 43-year-old Monica Velasco, remains a fugitive in this case. Monica Velasco is charged with conspiracy to violate the RICO statute, two money laundering counts and conspiracy to possess with intent to distribute and import over 1,000 kilograms of marijuana. If you have information as to Monica Velasco’s whereabouts, contact the United States Marshals Service in El Paso at (915) 534-6779.This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service, the Social Security Administration Office of the Inspector General, and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
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El Paso Drug Trafficker Sentenced to Federal PrisonRead the Press Release
In El Paso this afternoon, a federal judge sentenced 38-year-old Adan Reyes to 35 years in prison followed by five years of supervised release for his leader ship role of an organization responsible for trafficking thousands of kilograms of marijuana announced United States Attorney Richard Durbin, Jr.; Interim Special Agent in Charge Scott Brunner, Federal Bureau of Investigation, El Paso Division; Special Agent in Charge Will Glaspy, U.S. Drug Enforcement Administration, El Paso Division; Special Agent in Charge William “Bill” Cotter, Internal Revenue Service-Criminal Investigation; and, Special Agent in Charge Waldemar Rodriguez, Homeland Security Investigations, El Paso.
In addition to the prison term, United States District Judge Frank Montalvo ordered that Reyes pay a $36,975,000 money judgment. He also ordered that Reyes forfeit to the Government seized assets valued at more than $3 million including multiple real estate properties in El Paso and Ruidoso (NM), vehicles, and firearms—all of which were purchased with proceeds derived from drug trafficking activities—and over $23,000 in U.S. Currency.
On July 28, 2016, Reyes pleaded guilty to a ten-count superseding indictment, which contained both conspiracy and substantive charges of possession of a controlled substance with intent to distribute and money laundering. By pleading guilty, Reyes admitted that from August 2006 to November 2015, he employed a network of individuals (the Reyes Drug Trafficking Organization) to traffic multiple thousands of kilograms of marijuana from El Paso to the Dumas, Texas area where it was warehoused before it was delivered to locations primarily in the Midwest portion of the United States. Proceeds from the distribution of marijuana were subsequently delivered to Reyes and used to further the criminal organization.
To date, 14 members of the Reyes DTO have been convicted and sentenced to federal prison for their role in the drug trafficking and money laundering scheme. Sentences handed down range from one year to 35 years in federal prison.
“Investigating and combating transnational criminal organizations, like the Adan Reyes drug trafficking organization, is one of the top criminal priorities of the El Paso FBI. This investigation is an outstanding example of joint cooperation between federal, state and local law enforcement agencies,” stated Scott Brunner, Acting Special Agent in Charge of the El Paso Division of the FBI.
This prosecution resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by agents with the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), Homeland Security Investigations (HSI), U.S. Border Patrol, El Paso Police Department, Dumas Police Department, Texas Rangers, Arizona Financial Crimes Task Force and the El Paso County Sheriff’s Office.
“This case highlights the impact multiple agencies can have when they join forces. We will continue to work together and pursue those involved in smuggling and distribution of dangerous drugs to our communities,” stated DEA Special Agent in Charge Will R. Glaspy.
“Today’s sentencing of Adan Reyes shows that defendants who attempt to launder their drug money through the purchase of real estate and a lavish lifestyle will pay a hefty price,” said Special Agent in Charge William Cotter, IRS Criminal Investigation, San Antonio Field Office. “This investigation sends a strong message about the financial investigative capabilities of IRS Criminal Investigation Special Agents and their law enforcement partners.”
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Austin Man Sentenced to Federal Prison for Mail Fraud and Aggravated Identity TheftRead the Press Release
In Austin this morning, a federal judge sentenced 55-year-old David Akharume Afenkhena to 65 months in prison for stealing mail and personal identification information from hundreds of victims for self enrichment announced United States Attorney Richard Durbin, Jr.; Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service, Houston Division; Special Agent in Charge William “Bill” Cotter, Internal Revenue Service-Criminal Investigation, San Antonio Field Office; and, Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio.
In addition to the prison term, United States District Judge Sam Sparks ordered that Afenkhena pay $50,961.15 restitution and that he be placed on supervised release for a period of three years after completing his prison term.
On January 23, 2017, Afenkhena pleaded guilty to one count of mail fraud and one count of aggravated identity theft. By pleading guilty, Afenkhena admitted that in 2016, he used a United States Postal Service (USPS) “Arrow Key” to gain access to the contents of mail boxes located at various apartment complexes in and around Austin. Afterwards, Afenkhena would change the victims’ mailing address to mailboxes he had access to, and then use the stolen personal identification information to open credit card accounts and bank accounts in victims’ names associated with the new fraudulent addresses. He also admitted to using the stolen personal identification information to file fraudulent income tax returns in order to receive refund checks in the mail. Using the USPS Arrow Key, Afenkhena would intercept, and convert to personal use, fraudulently obtained credit/debit cards and tax refund checks.
“The Postal Inspection Service has sought for hundreds of years those who use the Postal Service for illegal gain. The ability to use the mail in a safe and secure manner is at the core of the Postal Inspection Service’s mission. When criminals use the mail to defraud, Postal Inspectors will not hesitate to ensure they are brought to justice,” stated Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service.
“Identity theft is a contemptible modern-day scourge,” said Special Agent in Charge William J. Cotter, IRS- Criminal Investigation, San Antonio Field Office. “Law enforcement officers respond to it with every legal resource available. Let this sentencing serve as a warning to those who are considering similar conduct.”
“The fraudulent use of identification documents, both real and counterfeit, represents a very real threat to public safety,” said Special Agent in Charge Shane Folden, HSI San Antonio. “Through the combined authorities and expertise of our federal, state and local law enforcement partners, we will continue to aggressively target those participating in or facilitating these crimes.”
The United States Postal Inspection Service, Internal Revenue Service-Criminal Investigation and Homeland Security Investigations conducted this investigation. Assistant United States Attorney Michael Galdo prosecuted this case on behalf of the Government.
New Jersey Teenager Sentenced for Making Bomb Threats to Sul Ross State University and the Big Bend Regional Medical Center in AlpineRead the Press Release
In Midland today, Senior United States District Judge Robert A. Junell sentenced a New Jersey teenager to time served followed by five years probation for making bomb threats to Sul Ross State University (SRSU) and the Big Bend Regional Medical Center (BBRMC) in Alpine, as well as threats to a former State Representative last September. United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division, made the announcement today.
Nicholas Kyle Martino, age 17 of Sewell, Washington Township, NJ, was released following today’s hearing. He had been in federal custody since his arrest at his residence on December 1, 2016. During today’s hearing, Judge Junell referred the matter of restitution to United States Magistrate Judge David Fannin. A hearing to determine a restitution figure in this case is expected to occur in federal court in Alpine within the next 90 days.
In a hearing on February 15, 2017, Judge Junell granted Martino’s request to be prosecuted as an adult in federal court. Afterwards, Martino appeared before United States Magistrate Judge David Counts and entered guilty pleas to four felony counts of interstate threats to injure persons.
Information provided in court revealed that Martino engaged in “SWATing” schemes. “SWATing” is the term commonly used to describe an act of tricking law enforcement or first responders into dispatching emergency resources based on a hoax threat.
Martino admitted to making two phone calls to the Brewster County Sheriff’s Office on September 8, 2016, and making a hoax bomb threat to SRSU. Approximately two hours later, Martino followed up with a phone call to the BBRMC threatening to kill everyone in the hospital. Those malicious communications occurred on the same day law enforcement and first responders were responding to an active shooter at the Alpine High School wherein one student received a non-life threatening gunshot wound and the shooter committed suicide.
Martino also admitted to communicating threats via Twitter on September 10, 2016, to kill former Texas State Representative Pete Gallego and his family as well as another threat to bomb SRSU.
The Federal Bureau of Investigation in Midland, Philadelphia (PA), Eau Clare (WI), Nashville (TN), and Seattle (WA); Brewster County Sheriff’s Office; Washington Township Police Department (NJ); Menomonie Police Department (WI); Halifax Regional Police (Nova Scotia, Canada); Wake Forest Police Department (NC); Volusia County Sheriff’s Department (FL); Clermont County Sheriff’s Department (OH); and, the Union Township Police Department (OH) investigated this case. Assistant United States Attorney James J. Miller, Jr., and Debra Kanof are prosecuting this case on behalf of the Government.
Midland Man Sentenced to Life in Federal Prison for Sex Trafficking a ChildRead the Press Release
In Midland today, a federal judge sentenced 43-year-old Irick Dron Oneal to life in federal prison for sex trafficking a 15-year-old girl announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
In addition to the prison term, United States District Judge Robert A. Junell ordered that Oneal pay a $5,000 special assessment under the Justice for Victims of Trafficking Act (JVTA).
On November 18, 2016, a federal jury convicted Oneal of one count of sex trafficking of a child. Evidence presented during trial revealed that on October 14, 2016, investigators took custody of the victim when she appeared at an Odessa hotel room. Previously, investigators responded to advertisements for sex with the minor posted on the Internet site Backpage.com. Authorities discovered Oneal in the hotel parking lot while waiting for the victim.
Oneal has remained in custody since his arrest in October 2016.
The investigation was developed as part of Operation Cross Country, a nation-wide operation conducted October 13-14, 2016 by the FBI to locate and rescue child victims of sex trafficking. The FBI was assisted by the Odessa Police Department, Texas Department of Public Safety Criminal Investigations Division and Homeland Security Investigations (HSI). Assistant U.S. Attorney Glenn Harwood prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html.
Austin Attorney and Business Partner Plead Guilty to Multi-Million Dollar Investment FraudRead the Press Release
Austin residents Robert Allen Helms and Janniece S. Kaelin pleaded guilty today to federal charges of defrauding investors in companies that presumably were in the business of purchasing oil and gas royalties, announced United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division; United States Secret Service Special Agent in Charge Douglas W. Thigpen, Houston Field Office; and, Texas State Securities Board Commissioner John Morgan.
Appearing before United States Magistrate Judge Mark Lane this morning, Helms, age 52, and Kaelin, age 54, pleaded guilty to one count of securities fraud and one count of conspiracy to commit securities fraud and mail fraud. In pleading guilty, the defendants admitted to defrauding investors between January 2010 and December 2013. The indictment filed in this case alleges that Helms and Kaelin raised millions of dollars from investors through the fraudulent scheme.
Helms, who has been licensed to practice law in Texas since 1995, and Kaelin told investors that they would use the invested funds only for specific business purposes, but the defendants secretly used substantial sums for their own personal expenses. Helms and Kaelin also paid money to investors, ostensibly as the investors’ share of operating income, when Helms and Kaelin knew the money came from other investors rather than from business operations. The scheme included forging and counterfeiting documents to create the appearance of mineral and royalty purchases. It also involved moving money between accounts and business entities for no purpose other than creating the false appearance of business operations.
The scheme ended in December 2013, when the United States Securities and Exchange Commission (SEC) sued Helms, Kaelin, and their companies. United States District Judge Lee Yeakel appointed a receiver to take control of the companies, including Vendetta Royalty Partners, Ltd. and Iron Rock Royalty Partners, LP. According to a report filed by the receiver, Helms and Kaelin raised more than $30 million from investors as part of the scheme.
Helms and Kaelin, both of whom remain on bond pending sentencing, face up to five years in federal prison for each count of conviction and a yet-to-be-determined-amount of restitution to their victims. Sentencing is scheduled for June 28, 2017.
The FBI, the United States Secret Service and the Texas State Securities Board conducted this investigation. Assistant United States Attorneys Alan M. Buie and Grant Sparks are prosecuting this case on behalf of the Government. The United States Attorney’s Office for the Western District of Texas appreciates the cooperation and assistance of the SEC’s Fort Worth Regional Office.
Federal Grand Jury Indicts San Antonio Man for Tax EvasionRead the Press Release
In San Antonio today, a federal grand jury indicted a San Antonio man for allegedly attempting to evade paying approximately $900,000 in taxes announced United States Attorney Richard L. Durbin, Jr.
The indictment charges Robert Steven Powell with three counts of tax evasion. The indictment alleges that from October 2000 to December 2013, Powell willfully attempted to evade paying income tax due to the United States for the calendar years 1999 through 2011. The indictment further alleges that Powell placed various assets, including real estate and a recreational vehicle in the names of nominees; concealed his physical address by using identification documents from multiple states with addresses at which he did not reside; and, submitted false IRS forms to his employer.
Upon conviction of each tax evasion charge, Powel faces up to five years in federal prison.
Agents with the Internal Revenue Service—Criminal Investigation conducted this investigation. Assistant U.S. Attorney William R. Harris and Department of Justice Tax Division Trial Attorney Gregory P. Bailey 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.
San Antonio Businessman Sentenced to Federal Prison for Defrauding Personal Injury Clients, Tax Evasion and Hiding Assets from U.S. Bankruptcy TrusteeRead the Press Release
In San Antonio this morning, 47-year-old San Antonio businessman Elpidio Gongora (aka “Pete Gongora”) was sentenced to four years in federal prison for a scheme to defraud personal injury clients; evading payment of more than $1.6 million in taxes; and, attempting to hide assets valued at $429,000 from the Bankruptcy Trustee. That announcement was made today by United States Attorney Richard L. Durbin, Jr.; Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division; William Cotter, Internal Revenue Service (IRS) Criminal Investigation Special Agent in Charge; and, Judy A. Robbins, U.S. Trustee for the Southern and Western Districts of Texas.
In addition to the prison term, United States District Judge Fred Biery ordered that Gongora pay $3,490,000 restitution. Judge Biery also ordered that Gongora be placed on supervised release for a period of three years after completing his prison term.
On July 28, 2016, Gongora pleaded guilty to one count of conspiracy to commit mail fraud, one count of bankruptcy fraud, and one count of tax evasion. According to court documents, from 2009 through 2014, Gongora, aided and abetted by his co-defendants--Rosa Ramirez, Juan Rodriguez, and Ronald Higgins--operated the law offices of several personal injury attorneys, including the Law Office of Ronald Higgins in the city of San Antonio and elsewhere in Texas, Arkansas and New Mexico.
By pleading guilty, Gongora admitted that he stole money from the personal injury clients by failing to pay monies owed to clients under settlement agreements or to pay obligations for medical treatment and physical therapy after committing to do so. To carry out this scheme, Gongora collected the proceeds of fraudulently endorsed personal injury settlement checks and would hide from the attorneys his failure to pay clients settlement proceeds to which they were entitled.
In 2013, Gongora and his wife filed for Chapter 7 Bankruptcy in the Western District of Texas. By pleading guilty, Gongora admitted to his failure to disclose to the Bankruptcy Trustee that he owned personal assets that included a 33-foot Chris Craft cabin cruiser; a 29-foot 2005 Seaswirl boat; a 2005 Ford F-150 truck; real property located on Elm Valley in San Antonio; and, a residence located in Aransas Pass, TX.
By pleading guilty, Gongora also admitted that he willfully attempted to evade paying over $1.6 million in taxes, penalties and interest owed to the Internal Revenue Service for calendar years 2003 through 2005 and 2007 through 2013.
Ramirez, Rodriguez, and Higgins have all pleaded guilty to one count of conspiracy to commit mail fraud. This morning, Judge Biery sentenced Higgins to five years probation and ordered him to pay $1,490,000 restitution jointly and severally with Gongora. Sentencing for Ramirez and Rodriguez is scheduled for June 13, 2017.
Agents with the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation (IRS-CI) and the U.S. Trustee’s Office conducted this investigation. Assistant United States Attorney Bud Paulissen is prosecuting this case on behalf of the Government.
Muhammad Jaffer Ali Sentenced to 16 Years in Federal Prison for Heading up Synthetic Marijuana Distribution RingRead the Press Release
In San Antonio, 54-year-old Muhammad Jaffer Ali was sentenced to 16 years in federal prison followed by three years of supervised release for his leadership role in a synthetic marijuana distribution scheme announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, and Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division.
Senior United States District Judge Royce C. Lamberth handed down the prison term during a hearing late yesterday afternoon. On June 27, 2013, federal authorities arrested Jaffer without incident. He has remained in federal custody since.
On December 12, 2016, Jaffer pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute controlled substance analogues. By pleading guilty, Jaffer admitted that from March 2013 to June 2013, he and others comprised the San Antonio-based Jaffer Drug Trafficking Organization (Jaffer DTO) that was responsible for the production and distribution of synthetic marijuana and bath salts in San Antonio, Houston, Austin, and Dallas as well as Tulsa, Oklahoma City, and Kansas City. During the course of the enterprise, the Jaffer DTO manufactured, caused to be manufactured, attempted to manufacture, distributed and possessed with intent to distribute over 40,000 pounds (or 18,500 kilograms) of synthetic cannabinoids.
“The drugs the defendant was peddling are much more dangerous than the name ‘synthetic marijuana’ suggests,” stated U.S. Attorney Richard L. Durbin, Jr. “These drugs are highly addictive and can cause death, seizures, organ failure, coma, and hallucinations. They are packaged with clever names like ‘Kush’ and ‘Scooby Snax,’ to make them attractive to kids and to appear harmless to unknowing parents. When their use is not deadly, it can be devastating, causing lasting damage to young brains. The defendant’s conduct was serious and has been punished accordingly.”
This prosecution resulted from the efforts of the Federal Bureau of Investigation and Drug Enforcement Administration together with the Internal Revenue Service-Criminal Investigation, Immigration and Customs Enforcement - Homeland Security Investigations, U.S. Border Patrol, San Antonio Police Department, the Texas Department of Public Safety, and the Live Oak Police Department. Assistant United States Attorneys Mark Roomberg and Jay Hulings are prosecuting this case.
Mexico City Man Sentenced to Federal Prison for Importation of Cocaine and HeroinRead the Press Release
In Del Rio today, a federal judge sentenced 42-year-old Guillermo Rodriguez-Sanchez to 151 months in federal prison for importation of cocaine and heroin, announced United States Attorney Richard L. Durbin, Jr.; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division; and, Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division.
On October 19, 2016, jurors convicted Rodriguez-Sanchez of one count of importation of cocaine and one count of importation of heroin. According to evidence presented during trial, on March 16, 2016, Rodriguez-Sanchez, a Mexican citizen and resident of Mexico City, attempted to enter the United States of America through the Eagle Pass Port of Entry Number One. CBP officers subsequently discovered four bricks of cocaine and one brick of heroin hidden inside of a secret compartment that was built into the air intake manifold of the 2007 Toyota Tundra the defendant was driving. The total weight of the cocaine was approximately four kilograms; the heroin, approximately 1.4 kilograms. Testimony at trial established that the value of the narcotics was approximately $200,000. At the time of his arrest, Rodriguez-Sanchez denied knowledge of the drugs.
Homeland Security Investigations (HSI), United States Customs and Border Protection (CBP) and Drug Enforcement Administration (DEA) conducted this investigation. Assistant United States Attorneys Goran Krnaich and Justin Chung prosecuted this case on behalf of the Government.
Gameday Entertainment Chairman of the Board Pleads Guilty to Defrauding San Antonio Victim of Millions of DollarsRead the Press Release
In San Antonio today, 49-year-old Charles Augustus Banks, IV, an executive with Gameday Entertainment, LLC (Gameday), admitted to defrauding a San Antonio victim of millions of dollars announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
According to the superseding indictment in this case, Banks encouraged the victim to loan $7.5 million to Gameday in 2012. Subsequently, Banks encouraged the victim to personally guarantee another $6 million loan made to Gameday by Comerica Bank in 2013. During this time frame, Banks was Chairman of the Board of Gameday and personally benefitted, in the form of millions of dollars in loans and commissions, from the proceeds of these loans made to Gameday.
Appearing before United Stated District Judge Fred Biery this morning, the 49-year-old investment counselor pleaded guilty to count two of the superseding indictment pending against him--wire fraud. By pleading guilty, Banks admittedly manipulated the victim into guaranteeing Gameday’s $6 million debt by misrepresenting the true nature of the transaction. Furthermore, Banks failed to fully disclose the commissions, payments and loans he was receiving from Gameday that were specifically tied to these transactions. On June 26, 2013, Banks also caused two pages relating to the $6M loan guarantee and subordination agreements, which contained his victim’s signature, to be faxed from San Antonio to Bank’s employees in California and Comerica bank employees in California.
Banks remains on bond pending sentencing scheduled for 9:00am on June 27, 2017. He faces up to 20 years in federal prison, a fine of up to $250,000 and restitution to his victim.
The FBI is conducting this investigation. Assistant United States Attorney Gregory J. Surovic and Tom Moore are prosecuting this case on behalf of the Government.
Austin Man Sentenced to Federal Prison for Defrauding the IRS and a Title Company in Order to Facilitate a Real Estate TransactionRead the Press Release
In Austin this morning, a federal judge sentenced 32-year-old Russell Eric Spillers to 14 months in prison for providing false tax information to a title company in order to facilitate a real estate transaction, announced United States Attorney Richard Durbin, Jr., and Special Agent in Charge Ruben Florez, Treasury Inspector General for Tax Administration (TIGTA), Mid-States Field Division.
In addition to the prison term, United States District Judge Sam Sparks ordered that Spillers pay a $7,200 fine as well as $21,026.70 restitution. Judge Sparks also ordered that Spillers be placed on supervised release for a period of three years after completing his prison term.
On January 23, 2017, Spillers pleaded guilty to one count of wire fraud. In 2015, Spillers, while acting as a real estate agent, attempted to sell a house that at the time, had four federal tax liens against it. By pleading guilty, Spillers admitted to creating and emailing to a title company a fraudulent IRS Letter 4025 (Conditional Commitment to Discharge Certain Property from Federal Tax Lien). That letter, dated December 18, 2015, claimed that the IRS had agreed to accept a $1,300 payment from the sale of a property to satisfy the tax liens and allow the sale of the property to go through. Based on that fraudulent letter, the property was sold and as a result, the defendant received $21,026.70.
“TIGTA’s mission includes protecting the integrity of tax administration and the ability of the IRS to collect revenue owed to the Federal Government,” said J. Russell George, Treasury Inspector General for Tax Administration. “Those who violate the Nation’s tax laws and adversely affect tax administration by falsifying IRS documents, as in this case, must be prosecuted to the full extent of the law,” he added.
TIGTA conducted this investigation. Assistant United States Attorney Michael Galdo prosecuted this case on behalf of the Government.
Former El Paso-Based Company Employee Pleads Guilty to Computer IntrusionRead the Press Release
In El Paso, 41-year-old Joe Vito Venzor faces up to ten years in federal prison after admitting today to illegally accessing his former employer’s computer system and shutting it down announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Appearing before Senior United States District Judge David Briones, Venzor pleaded guilty to one count of transmission of a program to cause damage to a computer. By pleading guilty, Venzor admitted that on September 1, 2016, after being terminated from his position at the company’s help desk, he logged onto the company’s network through an administrator account and shut down the company’s email server and application server while deleting systems files essential to restoring computer operations.
Because of the intrusion, 300 employees in the production and shipping factory were unable to work for nearly three hours before the decision was made to send them home for the rest of the shift. The distribution center was not able to ship any of their products and customers could not place orders online. The IT Managing Director also had to hire a third party IT staff to assist with setting up a new application server for the company. The company continued to suffer direct and indirect losses because of the intrusion into its computer server in the ensuing days and weeks, as they had to reconstruct files, and fulfill production and customer services issues.
Venzor remains on bond pending sentencing scheduled for 9:30am on June 6, 2017, before Judge Briones in El Paso. In addition to the prison term, Venzor is also subject to a fine of up to $250,000 and restitution to his former employer, which has yet to be determined.
The Federal Bureau of Investigation investigated this case. Assistant United States Attorneys Greg McDonald and Rifian Newaz are prosecuting this case on behalf of the Government.
Former Eagle Pass City Manager Admits Lying to FBI in Connection with Investigation into “Pay-To-Play” Bribery Scheme Involving Maverick County ContractsRead the Press Release
This afternoon, 68-year-old former Eagle Pass City Manager Hector Chavez, Sr., admitted to lying to FBI agents during their investigation into a “pay-to-play” scheme involving Maverick County contracts, announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before United States District Judge Alia Moses, Chavez pleaded guilty to one count of making a false statement to a federal agent. By pleading guilty, Chavez admitted that on June 25, 2015, he knowingly gave false statements to agents regarding his response to a federal grand jury subpoena, his work on Maverick County contracts, and a personal consulting services contract with an engineering firm.
According to court records, on May 4, 2015, a federal grand jury subpoena was issued to Chace Management, a company owned by the defendant, for all records regarding any subcontracting work done for an engineering firm. Chavez, admittedly, lied to authorities about creating a fraudulent, hand-written personal services agreement he provided in response to the subpoena. Chavez also claimed to have received approximately $24,000 for services rendered to the engineering firm when in fact, the work listed in the agreement never took place.
Chavez, who remains on bond pending sentencing, faces up to five years in federal prison. Sentencing has yet to be scheduled.
This investigation was conducted by the FBI and the Texas Department of Public Safety Criminal Investigations Division together with the Customs and Border Protection Office of Internal Affairs. Assistant United States Attorneys Katherine Griffin, Daniel Lee and Todd Keagle are prosecuting this case on behalf of the Government.
Undocumented Alien Pleads Guilty to Assaulting a Federal Deportation Officer in AustinRead the Press Release
In Austin today, 23-year-old Mexican National Hugo Baltazar-Ramirez pleaded guilty to assaulting a federal deportation officer last month in Austin announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
By pleading guilty, Baltazar-Ramirez admitted that on February 10, 2017, he forcibly assaulted a federal officer and employee of the United States who was engaged in the performance of his official duties. As a result of the intentional assault by the defendant, the federal deportation officer suffered bodily injury.
Baltazar-Ramirez remains in federal custody awaiting sentencing. A sentencing date has yet to be scheduled. He faces up to 20 years in federal prison.
The Federal Bureau of Investigation conducted this investigation.
Federal Judge Sentences Hondo, TX, Man to more than 15 Years Imprisonment for Distribution of Child PornRead the Press Release
In Del Rio this week, 46–year-old Bryan DeWain Splawn was sentenced to 188 months in federal prison for distributing child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
During Monday’s sentencing hearing, United States District Judge Alia Moses also ordered that Splawn be placed on supervised release for a period of ten years after completing his prison term.
On July 28, 2016, Splawn pleaded guilty to one count of distribution of child pornography. According to court documents, on December 9, 2015, HSI launched its investigation after making contact online with the defendant who was actively seeking minor females for sex. During the investigation, while Splawn was chatting and texting online, he sent by email five videos containing child pornography to an undercover agent.
On December 19, 2015, HSI agents, with assistance from the Hondo Police Department, arrested Splawn without incident. He has remained in federal custody since.
“These HSI investigations help protect children by taking child predators off the internet and off the streets by putting them behind bars," said Special Agent in Charge Shane Folden, HSI San Antonio. "Targeting these crimes against children is a high priority for HSI. We will continue to dedicate our law enforcement resources to identify and bring to justice child predators who traumatize and victimize children."
Assistant United States Attorney Matthew H. Watters prosecuted the case.
This case was prosecuted as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html.
Boerne Man Admits Hacking into Former Employer’s Computer System and Shutting it DownRead the Press Release
In San Antonio, 40-year-old Brian Neal Bond of Boerne, TX, faces up to five years in federal prison after admitting to hacking into a local business and shutting down their computer operations announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before United States District Judge Xavier Rodriguez, Bond pleaded guilty to one count of computer intrusion and damage. According to court records, from September 2010 to approximately April 2015, Bond worked as an Information Technology Help Desk manager in the Boerne, TX, facility of Colorado-based business. Bond left that company’s employment to accept a position with a different company. By pleading guilty, Bond admitted that beginning in June 2015 and continuing to January 2016, Bond, without authorization, accessed his former employer’s computers approximately 124 times. On one of those occasions—January 12, 2016—Bond admitted to shutting down his former employer’s trading system, making it unavailable to customers. Bond also deleted a file that was essential to the trading systems ability to operate. Bond’s interruption actions resulted in an estimated loss to his former employer of $10,816, which Bond has already paid into the registry of the Court.
The defendant remains out on bond pending sentencing scheduled for June 28, 2017, before Judge Rodriguez.
The Federal Bureau of Investigation conducted this investigation. Assistant United States Attorney William R. Harris is prosecuting this case on behalf of the Government.
Federal Judge in Del Rio Sentences Man to 6 1/2 Years Imprisonment for Firearms Smuggling OperationRead the Press Release
In Del Rio today, United States District Judge Alia Moses sentenced 49–year-old ringleader Eduardo Hinojosa (aka “Lalo”), a U.S. Citizen residing in Piedras Negras, Mexico, to 78 months in federal prison for attempting to smuggle firearms and an assortment of ammunition from the U.S. into Mexico announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
In addition to the prison term, Judge Moses ordered Hinojosa to pay a $3,000 fine and to be placed on supervised release for a period of three years after completing his prison term.
On September 21, 2016, a federal jury convicted Hinojosa of four counts of aiding and abetting the smuggling of goods from the U.S. and one count of providing a firearm to a prohibited person. Evidence presented at trial revealed that Hinojosa and three Mexican citizens residing in Piedras Negras were involved in a firearms smuggling scheme for profit. Prior to jury selection, Hinojosa’s co-defendants 43-year-old Carlos Mendoza-Hernandez (aka “Pepo”) and 26–year-old Gily Ajin-Cordova pleaded guilty to one count of possession of a firearm by a prohibited person; and, 25-year-old Elizabeth Cervantes-Mateos pleaded guilty to one count of aiding and abetting the smuggling of goods from the U.S. All three were sentenced to one year in federal prison.
According to testimony and court records, on April 7, 2015, investigators observed Hinojosa loading ammunition and firearms into a vehicle at an Eagle Pass business owned by Mendoza’s family. Authorities subsequently seized a .243 caliber rifle, a 12-gauge shotgun and approximately 1,000 rounds of ammunition in various calibers from inside that vehicle. At the time of the seizure, authorities arrested the vehicle’s occupants--Cervantes and Ajin. Agents later observed defendants Hinojosa and Mendez unloading boxes into a storage facility in Eagle Pass. Subsequently, authorities arrested Hinojosa and Mendez and a consensual search of that storage facility revealed approximately 750 rounds of shotgun shells. Testimony also revealed that the defendants were aware that the firearms and ammunition were ultimately destined for Mexico and that the defendants were aware that it is unlawful to export those items without a license.
The case was investigated by Homeland Security Investigations with assistance from U.S. Customs and Border Protection; Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the Maverick County Sheriff’s Office. Assistant U.S. Attorneys Lewis Thomas and Dan Lee prosecuted this case on behalf of the Government.
Samuel Velasco Gurrola Sentenced to Life in Federal Prison for Murder-For-Hire Plot Involving His Wife, Her Father and Her SisterRead the Press Release
In El Paso this morning, 41-year-old Samuel Velasco Gurrola was sentenced to life in federal prison for his role in a murder-for-hire plot announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
On October 17, 2016, a federal jury convicted Velasco of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire. Following his conviction in the murder-for-hire plot, on November 18, 2016, Velasco pleaded guilty to conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, namely acts of drug trafficking and money laundering.
Today, Senior United States District Judge David Briones imposed a life-imprisonment sentence on each of the seven murder-related charges—four involving foreign travel to run consecutive, the other three to run concurrent. Judge Briones also imposed a 35-year concurrent prison term for conspiracy to violate the RICO statute. In addition to the prison term, Judge Briones ordered that Velasco pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000, to be paid joint and several with his brother. Judge Briones also ordered that Velasco forfeit to the Government two real estate properties he owned in El Paso as well as $85,000 in U.S. Currency and two vehicles seized by authorities.
“The Velascos perpetrated some of the most diabolical and cruel crimes imaginable. To avoid responsibility for sexually assaulting a child, Samuel enlisted his brother Emanuel and his criminal organization to kill his wife to prevent her from testifying against him. By the time he was he was done, his wife, her father, her sister, and a friend had been slaughtered. The life sentence imposed shows much more mercy than he ever did,” stated United States Attorney Richard L. Durbin, Jr.
According to evidence presented during his trial, in 2008, Samuel Velasco was married to Ruth Sagredo Escobedo. At the time, he was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Evidence further revealed that from September 2008 until November 2008, Samuel initiated a plot, with Emmanuel’s help, to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that with Emmanuel’s help, Samuel also arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Samuel’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo and her friend Roberto Martinez were ambushed and murdered.
Yesterday, Judge Briones sentenced Emmanuel to life in federal prison and ordered him to pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000. Judge Briones also ordered that Emmanuel forfeit to the Government various real estate properties he owned in El Paso and Midland counties as well as a condominium located on the Las Vegas Strip.
According to court records, Emmanuel was the leader of a criminal organization that ran a cross-border car theft ring and imported and distributed tons of marijuana. His organization also engaged in an international kidnapping scheme whereby victims were kidnapped and held in Juarez, Mexico, while he and other criminal associates located in El Paso extorted ransom payment from the victims’ families.
“These life sentences sends a clear message to transnational criminal organizations. HSI and its law enforcement partners are committed to ensuring the safety and security of our border community,” said Waldemar Rodriguez, special agent in charge of HSI El Paso.“The Velascos fall into the category of the ‘worst of the worst’ criminals. Their actions have devastated a family on both sides of the U.S. / Mexico border. The DEA is proud to have played a role with our law enforcement partners in bringing them to justice and ensuring that never again will they be able to commit an act of violence in the Borderland,” said Will R. Glaspy, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division.
“The sentence handed down today is the result of outstanding efforts by the FBI and our partner agencies, DEA and HSI. Two murderers are behind bars. Justice has been served for the victims, their families, and the greater border community,” stated Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Emmanuel and Samuel’s sister, 44-year-old Dalia Valencia, pleaded guilty to the RICO conspiracy charge prior to jury selection in the above-mentioned trial. Valencia is scheduled for sentencing at 9:30am on April 19, 2017, before Judge Briones. and Samuel’s other sister, 43-year-old Monica Velasco, remains a fugitive in this case. Monica Velasco is charged with conspiracy to violate the RICO statute, two money laundering counts and conspiracy to possess with intent to distribute and import over 1,000 kilograms of marijuana. If you have information as to Monica Velasco’s whereabouts, contact the United States Marshals Service in El Paso at (915) 534-6779.
This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
Plano Man Sentenced to Federal Prison in Synthetic Marijuana CaseRead the Press Release
In San Antonio today, 52-year-old Irfan Abdul Ghaffar was sentenced to seven years in federal prison followed by three years of supervised release for his role in a synthetic marijuana distribution scheme announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division, and Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division.
On January 4, 2017, Ghaffar pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute controlled substance analogues. By pleading guilty, Ghaffar admitted that from March 2013 to June 2013, he managed the affairs of the Jaffer Drug Trafficking Organization (Jaffer DTO) in Dallas, including the illegal storage, distribution and sale of various kinds of synthetic cannabinoids. The San Antonio-based Jaffer DTO, led by Muhammad Jaffer Ali, was responsible for the production and distribution of synthetic marijuana and bath salts in San Antonio, Houston, Austin, and Dallas as well as Tulsa, Oklahoma City, and Kansas City. During the course of the enterprise, the Jaffer DTO manufactured, caused to be manufactured, attempted to manufacture, distributed and possessed with intent to distribute over 40,000 pounds (or 18,500 kilograms) of synthetic cannabinoids.
On December 12, 2016, Muhammad Jaffer Ali pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substance analogues. He is scheduled for sentencing in San Antonio on Tuesday at 4:00pm before Senior United States District Judge Royce C. Lamberth.
This prosecution resulted from the efforts of the Federal Bureau of Investigation and Drug Enforcement Administration together with the Internal Revenue Service-Criminal Investigation, Immigration and Customs Enforcement - Homeland Security Investigations, U.S. Border Patrol, Austin, San Antonio and New Braunfels Police Departments, the Texas Department of Public Safety, Texas Attorney General’s Office, Travis County District Attorney’s Office, Travis County Sheriff’s Office, Williamson County Sheriff’s Office, Williamson County Constables Office-Precinct 2, Bastrop County Sheriff’s Office, Live Oak Police Department and the Texas Alcoholic Beverage Commission. ICE Enforcement and Removal Operations also assisted with today’s arrests. Assistant United States Attorneys Mark Roomberg and Jay Hulings are prosecuting this case.
El Paso Man Sentenced to Life in Federal Prison in Connection with Murder-For-Hire PlotRead the Press Release
In El Paso this morning, 30-year-old Emmanuel Velasco Gurrola was sentenced to life in federal prison for his role in a murder-for-hire plot announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
Senior United States District Judge David Briones imposed a life-imprisonment sentence on each count to which Velasco Gurrola pleaded guilty prior to trial: three counts of conspiracy to kill in a foreign country and one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute. According to court records, Velasco Gurrola was the leader of a criminal organization that ran a cross-border car theft ring and imported and distributed tons of marijuana His organization also engaged in an international kidnapping scheme whereby victims were kidnapped and held in Juarez, Mexico, while he and other criminal associates located in El Paso extorted ransom payment from the victims’ families.
In addition to the prison term, Judge Briones ordered that Velasco Gurrola pay over $1 million in restitution to the families of his victims; and, a money judgment for $12,480,000. Judge Briones also ordered that Velasco Gurrola forfeit to the Government various real estate properties he owned in El Paso and Midland counties as well as a condominium located on the Las Vegas Strip.
On October 17, 2016, a federal jury convicted Emmanuel’s 41–year-old brother, Samuel Velasco Gurrola, of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire.
According to evidence presented during his trial, in 2008, Samuel Velasco Gurrola was married to Ruth Sagredo Escobedo. At the time, Samuel was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Evidence further revealed that from September 2008 until November 2008, Samuel initiated a plot, with Emmanuel’s help, to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that with Emmanuel’s help, Samuel also arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Gurrola’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo, and her friend Robert Martinez, were ambushed and murdered.
“This life sentence sends a clear message to transnational criminal organizations. HSI and its law enforcement partners are committed to ensuring the safety and security of our border community,” said Waldemar Rodriguez, special agent in charge of HSI El Paso.
“Mr. Velasco Gurrola falls into the category of the ‘worst of the worst’ criminals. His actions have devastated a family on both sides of the U.S. / Mexico border. The DEA is proud to have played a role with our law enforcement partners in bringing Velasco Gurrola to justice and ensuring that never again will he be able to commit an act of violence in the Borderland,” said Will R. Glaspy, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division.
“The sentence handed down today is the result of outstanding efforts by the FBI and our partner agencies, DEA and HSI. A murderer is behind bars. Justice has been served for the victims, their families, and the greater border community,” stated Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, El Paso Division.
Following his conviction in the murder-for-hire plot, on November 18, 2016, Samuel Velasco Gurrola pleaded guilty to conspiracy to violate the RICO statute, namely acts of drug trafficking and money laundering. Emmanuel and Samuel’s sister, 44-year-old Dalia Valencia, pleaded guilty to the same charge prior to jury selection in the above-mentioned trial.
Samuel Velasco Gurrola is scheduled for sentencing tomorrow at 10:30am before Judge Briones. Dalia Valencia is scheduled for sentencing at 9:30am on April 19, 2017, before Judge Briones. Emmanuel and Samuel’s other sister, 43-year-old Monica Velasco, remains a fugitive in this case. Monica Velasco is charged with conspiracy to violate the RICO statute, two money laundering counts and conspiracy to possess with intent to distribute and import over 1,000 kilograms of marijuana. If you have information as to Monica Velasco’s whereabouts, contact the United States Marshals Service in El Paso at (915) 534-6779.
This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
Austin Man Arrested/Charged After Landing Plane Containing Marijuana in Llano Early This MorningRead the Press Release
In Austin this afternoon, federal authorities filed a criminal complaint against 64–year-old Wayne Douglas Brunet for possession with intent to distribute marijuana. Earlier this morning, state authorities arrested Brunet at the Llano (TX) Municipal Airport after discovering approximately 230 pounds of hydroponic marijuana on board his aircraft announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The affidavit attached to the criminal complaint alleges that HSI agents were prepared to interdict Brunet last night as he attempted to land at an unmanned airport in Bulverde (TX). The Department of Homeland Security Customs and Border Protection (CBP) Air and Marine Operation Center (AMOC) began tracking the single-engine plane after observing that it had a suspicious flight pattern from Medford, OR, to Texas and had landed only once in Holbrook, AZ, to refuel.
The affidavit further states that Brunet landed at the unmanned airport in Bulverde, but departed again after spotting authorities on the ground. Brunet then proceeded to the Lago Vista (TX) airport, but again, aborted his landing as he did in Bulverde when encountered by law enforcement. Brunet then proceeded to the Llano Municipal Airport where he landed at approximately midnight. After bringing the aircraft to a stop, Brunet attempted to flee on foot, but was apprehended on the tarmac by the Texas Department of Public Safety Air Unit. Authorities recovered a total of 15 duffle bags filled with vacuum-sealed packages of marijuana along with approximately $6,000 in U.S. Currency.
Upon conviction, Brunet faces between five and 40 years in federal prison. He remains in federal custody pending a detention hearing scheduled for 2:15pm on Thursday in Austin before United States Magistrate Judge Andrew Austin.
This investigation is being conducted by HSI together with assistance from CBP AMOC, Texas Department of Public Safety Air Unit and the Llano County Sheriff’s Office. Assistant United States Attorney Matthew Devlin 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.
Mexican Businessman Sentenced to Federal Prison for Pyramid SchemeRead the Press Release
In El Paso today, a federal judge sentenced 40-year-old self-proclaimed licensed investment broker Roberto Trinidad Del Carpio Frescas to 235 months in federal prison followed by three years of supervised release for carrying out a Ponzi scheme that resulted in an estimated $14 million loss announced United States Attorney Richard L. Durbin, Jr., U.S. Secret Service Special Agent in Charge Lee Dotson and El Paso Police Chief Greg Allen.
During sentencing, United States District Judge David C. Guaderrama scheduled a hearing on May 25, 2017, to determine the amount of restitution in this case. Del Carpio has remained in federal custody since his arrest in February 2015.
On February 19, 2016, a federal jury convicted Del Carpio of Chihuahua, MX, of 24 counts of wire fraud and ten counts of money laundering.
Evidence presented during trial revealed that the defendant held himself out to have superior knowledge and ability as an investor in stocks, bonds, futures in oil, gas, precious metals and currency. Though he was not licensed in the state of Texas as a dealer, or registered as an investment adviser, Del Carpio formed several companies in Texas including SMI International Institute Corporation (aka Stock Market Investment), Del Carpio Trading Institute LLC, and one in the Cayman Islands, Del Carpio Holdings, to facilitate his scheme.
From August 2010 until January 2012, Del Carpio and others collected money from over 100 known investors in Mexico and the United States. Del Carpio pocketed most all of the funds he collected though he did pay minimal amounts of money to “early” investors as a return on their investment and to encourage his victims to invest more of their money with him.
On March 3, 2017, Del Carpio’s co-defendant, 61-year-old David Brian Binder of Pittsburg, PA, pleaded guilty to one count of wire fraud. By pleading guilty, Binder admitted to helping Del Carpio keep proceeds from the scheme out of the hands of potential creditors as well as lying to them about protecting their investments. As a result, Binder faces up to 20 years in federal prison. He remains on bond pending sentencing scheduled for 9:00am on June 1, 2017, before Judge Guaderrama.
This investigation was conducted by the U.S. Secret Service and the El Paso Police Department. Assistant United States Attorneys Ian Hanna and Stanley Serwatka prosecuted this case on behalf of the Government.
Federal Grand Jury Indicts Three in Connection with Shooting of U.S. Mail CarrierRead the Press Release
In San Antonio this afternoon, a federal grand jury returned a 13–count indictment charging three San Antonio residents for their alleged roles in a mail theft scheme that involved the shooting of a U.S. Mail carrier last month in Spring Branch, TX, announced United States Attorney Richard L. Durbin, Jr.; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.
The indictment charges 22–year-old Bradley A’Hearn and 26–year-old Sara Richford with five counts of aiding and abetting assault of a federal officer; three counts of aiding and abetting use of a firearm during a crime of violence; one count of aiding and abetting carjacking; one count of aiding and abetting possession of a stolen firearm; and, one count of possession of stolen mail. The indictment also charges 40-year-old Piper Lee with two counts of aiding and abetting the assault of a federal officer; one count of aiding and abetting use of a firearm during a crime of violence; and, one count of possession of stolen mail.
Court records allege that on February 11, 2017, A’Hearn shot a female U.S. Mail carrier as she was delivering mail to cluster of mailboxes in Spring Branch, TX, when she would not give him her cell phone. The victim is recovering from a gunshot wound to her leg. A’Hearn left the scene in the victim’s pickup truck which still contained the victim’s purse and personal effects as well as a considerable amount of U.S. Mail. Richford, driving a maroon/brown colored Toyota Venza, followed A’Hearn as he left the scene.
Court records also allege that on February 13, 2017, a U.S. Postal Inspection Service agent near the site of the shooting recognized the Toyota Venza vehicle. The agent, while attempting to stop the vehicle, was allegedly fired upon by A’Hearn. Other law enforcement personnel, who subsequently joined the pursuit, were also fired upon by A’Hearn. The defendants managed to avoid capture.
Court records further allege that on February 14, 2017, agents were notified by employees of a local motel of the presence of a large amount of U.S. Mail and a handgun case in one of the motel rooms. Much of the discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area. That same day, not far from the motel, investigators recovered the abandoned Toyota Venza. From motel surveillance footage, investigators discovered another vehicle being utilized by the defendants, a yellow Volkswagen. Agents observed the defendants leave the motel in the yellow Volkswagen and requested San Antonio police to initiate a stop of the vehicle. The defendants failed to yield to SAPD officers and the occupants began shooting at the police. Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement.
On February 15, 2017, San Antonio police officers, acting on information provided to investigators, arrested the defendants without incident in a parking lot of a different local motel.
Upon conviction, the defendants face between ten years and life in federal prison for aiding and abetting use of a firearm during a crime of violence; up to 25 years imprisonment for aiding and abetting carjacking; up to 25 years imprisonment for aiding and abetting robbery of mail; up to 20 years imprisonment for aiding and abetting assault on a federal officer; up to ten years imprisonment for aiding and abetting possession of a stolen firearm; and up to five years imprisonment for possession of stolen mail.
All three defendants remain in federal custody at this time.
It is important to note that an indictment is merely a charge and should not be evidence of guilt. The defendants are innocent until proven guilty in a court of law.
This matter is being investigated by the U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI). Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.
Federal Grand Jury Indicts Dripping Springs Man for Making Threats to Kill Individuals on Fort HoodRead the Press Release
In Waco, a federal grand jury yesterday afternoon indicted a Dripping Springs man for allegedly making threats to kill individuals on Fort Hood last month announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
The indictment charges 28-year-old Thomas Anthony Chestnut with one count of interstate communications with threat to injure. Upon conviction, Chestnut faces up to five years in federal prison.
According to court records, on February 22, 2017, Chestnut made verbal threats when he called and spoke with a sergeant at the US Army 1st Calvary Division at Fort Hood. Chestnut threatened to go to Fort Hood, kill the sergeant, take hostages, start a mass killing spree and then kill himself if he was not allowed to speak with someone of rank. Chestnut then spoke with a major and advised that he was a former soldier wrongly accused of a crime and eventually released from prison in 2016. Chestnut further advised if he was unable to speak with a U.S. Army III Corps Commander or a Sergeant Major regarding back pay, or did not receive the money he believed was owed to him, that he planned to shoot soldiers on Fort Hood.
“Threats of this nature are taken seriously,” stated United States Attorney Richard L. Durbin, Jr.
FBI agents arrested Chestnut without incident on February 24, 2017. He has remained in federal custody since. A detention hearing for Chestnut is scheduled for 1:30pm on March 22, 2017, before U.S. Magistrate Judge Jeffrey C. Manske in Waco.
This investigation is being conducted by the FBI together with the U.S. Army Military Police Investigations at Fort Hood and the Hays County Sheriff’s Office. Assistant U.S. Attorney Greg Gloff and Special Assistant U.S. Attorney/Active Duty U.S. Army Captain J. Patrick Robinson 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.
San Antonio Man Sentenced to Federal Prison for Robbing BanksRead the Press Release
In San Antonio this morning, 45-year-old Joseph Krist was sentenced to more than 41 years in federal prison followed by three years of supervised release and ordered to pay a combined $17,833 restitution for two bank robberies announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On December 9, 2015, a federal jury convicted Krist of two counts of bank robbery by force or violence. Jurors found that Krist was responsible for the robberies of the Lone Star National Bank in San Antonio on November 23, 2012, and the Lone Star Capital Bank of San Antonio on January 7, 2013. Evidence presented during trial revealed that Krist stole approximately $9,645 from the Lone Star National Bank and approximately $8,188 from the Lone Star Capital Bank. Jurors also found that Krist used a firearm to assault a bank employee during the Lone Star Capital Bank robbery.
Finding Krist to be a danger to the community and a violent individual, United States District Judge Fred Biery sentenced Krist to 240 months in federal prison for the Lone Star National Bank robbery plus 262 months in federal prison for the Lone Star Capital Bank robbery. Judge Biery also ordered that those prison terms would run consecutive to each other and to a 30–year federal prison sentence Krist is currently serving for robbing a Corpus Christi bank in 2013.
On February 12, 2016, Judge Biery sentenced Krist’s co-defendant, 48-year-old Rebecca Marie Brown of San Antonio, to five years in federal prison and ordered her to pay $8,188 restitution, joint and severally with Krist, for her role in the Lone Star Capital Bank robbery.
This case was investigated by FBI and prosecuted by Assistant United States Attorneys Bettina Richardson and Charlie Strauss.
Former Central Texas Detention Facility–G.E.O. Prison Guard Pleads Guilty to Sexual Abuse of a WardRead the Press Release
In San Antonio, 35-year-old former Central Texas Detention Facility—G.E.O. prison guard Barbara Jean Goodwin faces up to 15 years in federal prison after admitting to having sexual relations with an inmate, announced United States Attorney Richard L. Durbin, Jr.; United States Marshal David Sligh; and, Christopher Combs, FBI Special Agent in Charge, San Antonio Division.
Appearing before United States Magistrate Judge John W. Primomo this afternoon, Goodwin pleaded guilty to one count of sexual abuse of a ward. By pleading guilty, Goodwin admitted that from February 2016 to August 2016, she engaged in sexual acts with a federal prisoner who at the time was under her custodial, supervisory or disciplinary authority.
Goodwin remains on bond pending sentencing scheduled for June 12, 2017, before Senior United States District Judge David A. Ezra.
This investigation was conducted by the U.S. Marshals Service together with the Federal Bureau of Investigation. Assistant United States Attorneys Sarah Wannarka and Christina Playton are prosecuting this case on behalf of the Government.
10 South Texas Hermandad De Pistoleros Latinos Gang Members and Associates Indicted on Variety of Drug Trafficking and Firearms ChargesRead the Press Release
Federal, state and local authorities have arrested ten members and associates of the Hermandad de Pistoleros Latinos gang (HPL) in a coordinated round-up in South Texas announced United States Attorney Richard L. Durbin, Jr., Western District of Texas; United States Attorney Kenneth Magidson, Southern District of Texas; Bexar County District Attorney Nicholas ‘Nico’ LaHood; Texas Department of Public Safety Director Steve McCraw; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; and, Federal Bureau of Investigation Special Agent in Charge Perrye K. Turner, Houston Division.
This three-year investigation focused on drug trafficking and members of the HPL and their associates in San Antonio, Corpus Christi and Houston. Those individuals arrested today in San Antonio (WDTX) include: 38-year-old HPL Lieutenant Ricardo Aguilar (aka “Indio”), 31-year-old Stephanie Pacheco, and 42-year-old Jesse Mendoza (aka “Chivo”). Those arrested today in the Southern District of Texas include: 40-year-old HPL Lieutenant Pacino San Miguel (aka Abuelo”) of Houston; 27-year-old HPL Lieutenant Jacob Gonzales (aka “Orbit) of Corpus Christi; 30-year-old Mario Alberto Ramirez of Corpus Christi; 26-year-old Leroy Rocha (aka “Tank”) of Corpus Christi; 55-year-old HPL Lieutenant Oscar Pena (aka “OP”) of Corpus Christi; and, 52-year-old Dorothy Babette Cuello (aka “Tiny”) of Corpus Christi. All of the above-named defendants remain in federal custody awaiting detention hearings in federal court next week.
A federal grand jury in San Antonio last month indicted Aguilar, Pacheco and Mendoza on one count conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The federal grand jury in San Antonio also indicted 36-year-old Robert Hewitty (aka “Looney”) on one count each of felon in possession of a firearm, possession with intent to distribute methamphetamine, and possession of a firearm during a drug trafficking crime. Hewitty was already in custody prior to today’s arrests. A Bexar County (state) grand jury this week also indicted Mendoza charging him with two counts of possession with intent to deliver 4-200g of methamphetamine.
Aguilar, Pacheco, and Hewitty all face between ten years and life in federal prison upon conviction. Mendoza faces between five years and forty years in federal prison, and up to life in state prison, upon conviction.
Yesterday, a federal grand jury in Corpus Christi (SDTX) indicted: Miguel, Gonzales and Ramirez on three counts, and Rocha on one count, of conspiracy to distribute methamphetamine. The federal grand jury also indicted Pena and Cuello on two counts of conspiracy to distribute heroin.
Gonzalez, Ramirez, Rocha, San Miguel, Pena and Cuello face up to 20 years in federal prison upon conviction.
This investigation was conducted by the Texas Department of Public Safety Criminal Investigations Division and the Federal Bureau of Investigation together with the San Antonio Police Department, Corpus Christi Police Department, Houston Police Department, Pasadena Police Department, Texas Department Criminal Justice Division-Office of the Inspector General, Harris County Sheriff’s Office and the Bexar County District Attorney’s Office.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
San Antonio Couple Plead Guilty to Conspiracy to Commit Wire Fraud and Identity TheftRead the Press Release
In San Antonio, 37-year-old Jessica Rivas Alva and her husband, 39-year-old Eric Jon Alva, face up to five years in federal prison after pleading guilty today to a scheme to defraud undocumented immigrants and their family members out of money by falsely claiming to work on behalf of two San Antonio attorneys, announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
Appearing before United States District Judge Xavier Rodriguez this morning, both defendants pleaded guilty to one count of conspiracy to commit wire fraud and aggravated identity theft. The charge to which the defendants pleaded guilty alleged that between March 2015 and May 2015, the couple conspired to collect legal fees from incarcerated undocumented immigrants and/or their families under false pretenses.
According to the charge, in April 2015, the Alvas faxed forged letters fraudulently using the name and state bar number of two San Antonio-based attorneys to enable Jessica Alva to gain access to two immigration detention facilities in Louisiana. While at the South Louisiana Correctional Center in Basile and the LaSalle Detention Facility in Jena, Jessica Alva met with detained immigrants and offered to have the attorneys provide legal services for a fee. The immigrants’ families were then instructed to deposit those fees into bank accounts that the Alvas controlled. Jessica Alva was not an attorney and was not actually working for either attorney at the time she made the fraudulent representations. Furthermore, at the time Jessica Alva entered the detention facilities, she was enjoined by a Texas state court from entering any immigration facility in the United States unless accompanied by an attorney for whom she worked.
The conspiracy charge to which the Alvas pleaded guilty also alleged that during telephonic immigration hearings before an immigration court, Eric Alva impersonated one of the San Antonio attorneys and claimed to represent the detained immigrant whose case was before the court.
Both defendants remain on bond pending sentencing scheduled for June 7, 2017, before Judge Rodriguez.
This case was investigated by agents with HSI and Enforcement and Removal Operations for Immigration and Customs Enforcement in cooperation with the Texas Attorney General's Office. Assistant United States Attorney Alan Buie is prosecuting this case on behalf of the Government.
Irvin Gonzalez Indicted in El Paso for Re-Entry After DeportationRead the Press Release
In El Paso, a federal grand jury has returned an indictment against 33-year-old Irvin Gonzalez, a Mexican National, for illegally re-entering the United States after being deported announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
The indictment, returned late yesterday afternoon, alleges that on February 9, 2017, Gonzalez was found in the United States after having been deported from the country in January 2016 and without the express consent to re-apply for admission from the United States Attorney General and the Secretary of Homeland Security.
According to court records, Gonzalez, who also goes by the names Irvin Edamir Gonzalez-Torres, Ervin Gonzalez, and Ervin Edamin Gonzalez, was found on the morning of February 9, 2017, by HSI Task Force agents as the defendant was appearing for a court hearing at the El Paso County Courthouse. Court records also reflect that Gonzalez was convicted in the Western District of Texas for re-entry after deportation and possession of stolen mail and was sentenced on October 28, 2015, to imprisonment for one year. Federal authorities have removed Gonzalez from the United States on five different occasions dating back to 2011.
Gonzalez remains in federal custody. Upon conviction, Gonzalez faces up to ten years in federal prison. No further court dates have been scheduled.
This investigation was conducted by HSI. Assistant United States Attorney Steve Jurecky 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.
Federal Grand Jury Returns Superseding Indictment Against Bandidos Outlaw Motorcycle Organization LeadershipRead the Press Release
In San Antonio, a federal grand jury has returned a second superseding indictment against the highest ranking leaders of the Bandidos Outlaw Motorcycle Organization (OMO), adding four new defendants and additional murder-related charges.
That announcement was made today by United States Attorney Richard L. Durbin, Jr., Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; Austin Police Chief Brian Manley; and, San Antonio Police Chief William McManus.
This morning, federal, state and local authorities arrested 47–year-old Bandidos National Sergeant at Arms Johnny Romo (aka “Downtown Johnny”) of San Antonio; 45-year-old Bandidos San Antonio Centro Chapter member Robert Romo of San Antonio; 40-year-old Bandidos San Antonio Centro Chapter Sergeant at Arms Jesse James Benavidez (aka “Kronic”) of San Antonio; and, 35-year-old Bandidos San Antonio Centro Chapter member Norberto Serna, Jr. (aka “Hammer”) of San Antonio for their roles in the 2006 murder of Anthony Benesh. Authorities apprehended Johnny Romo in Waco, TX; the other three, in San Antonio. The 12-count second superseding indictment, unsealed late this afternoon in San Antonio, charges all four with one count of discharging a firearm during a murder in aid of racketeering. Johnny Romo and Robert Romo are also charged with murder in aid of racketeering.
The indictment alleges that Benesh was attempting to start a Texas Chapter of the Hell’s Angels OMO in Austin, Texas in 2006. Members of the Bandidos OMO warned Benesh to cease his activities and recruitment, which Benesh ignored. The four then murdered Benesh on March 18, 2006, outside an Austin restaurant to protect the power, reputation and territory of the Bandidos enterprise.
Included in the indictment are the previous federal charges filed against 61–year-old Bandidos National President Jeffrey Fay Pike of Conroe, TX, and 57–year-old National Vice President John Xavier Portillo of San Antonio. Portillo also faces a new charge (discharging a firearm during a murder in aid of racketeering) for his role in the retaliation murder of Robert Lara in January 2002 in Atascosa County for killing one of their own. Javier Negrete, a member of the same Bandidos OMO chapter as Portillo, was killed outside a San Antonio bar in October 2001.
Pike and Portillo are charged with one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; one count of conspiracy to commit violent crimes in aid of racketeering (VICAR); and one count of conspiracy to interfere with commerce by extortion.
Portillo is also charged with: one count of VICAR (murder); two counts of aiding and abetting VICAR (assault with a deadly weapon); one count of conspiracy to possess with intent to distribute methamphetamine and cocaine; one count of possession with intent to distribute cocaine; and, one count of felon in possession of a firearm.
Pike and Portillo are accused of directing, sanctioning, approving and permitting members of the Bandidos organization to carry out racketeering acts including murder, attempted murder, robbery, assault, intimidation, extortion and drug trafficking to protect and enhance the organization’s power, territory, reputation and profits.
According to court records, the Bandidos OMO declared it was “at war” with the Cossacks OMO. The indictment specifically alleges a number of violent acts committed by Bandidos OMO members in furtherance of this “war.” The indictment also alleges that Portillo and other members of the Bandidos OMO were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos OMO members were not required to pay the 10-percent “dime” to the Texas Mexican Mafia in exchange for permission to traffic narcotics.
Pike is currently out on bond pending trial. Portillo remains incarcerated pending trial. Jury selection is currently scheduled for August 7, 2017. The other defendants remain in custody pending detention hearings next week before United States Magistrate Judge John Primomo in San Antonio. Upon conviction, the defendants face up to life in federal prison.
This ongoing investigation is being conducted by the FBI, DEA and Texas DPS together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, and the Bexar County District Attorney’s Office.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
A.B.I.A. Baggage Handler Charged with Stealing FirearmsRead the Press Release
In Austin this morning, a 25-year-old baggage handler at Austin Bergstrom International Airport (ABIA) surrendered to FBI agents based on a federal criminal complaint charging him with theft from an interstate shipment and possession of stolen firearms announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Austin Police Chief Brian Manley.
The complaint alleges that between November 29, 2016, and February 2, 2017, Ja’Quan Johnson of Austin stole numerous handguns from inside passenger bags at ABIA. The complaint further alleges that Johnson traded some of the stolen firearms for marijuana. So far, Austin Police have recovered seven firearms allegedly stolen by Johnson.
Upon conviction, Johnson faces up to ten years in federal prison for theft from an interstate shipment and up to ten years in federal prison for possession of each stolen firearm.
Johnson was released on a personal recognizance bond following his initial appearance this afternoon before United States Magistrate Judge Andrew W. Austin. No further court dates have been scheduled.
This investigation is being conducted by the Federal Bureau of Investigation, Transportation Security Administration and the Austin Police Department’s Aviation Division.
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.
San Antonio Attorney Sentenced in Federal CourtRead the Press Release
In San Antonio today, 65-year-old Hugh Lappe Scott, Jr., a local San Antonio attorney, was sentenced to six months in federal prison for being an accessory after the fact announced United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered that Scott serve 6 months of home detention with electronic monitoring, surrender his law license, pay $1,209,692.60 restitution and be placed on supervised release for a period of three years after completing his imprisonment.
On January 14, 2016, Scott pleaded guilty to a one-count information charging him with knowing that the offense of Health Care Fraud had been committed against the United States. By pleading guilty, Scott admitted that he was general counsel for United Re, a Swiss corporation established and represented to be in the business of administering reinsurance, also known as stop loss, stop gap, and overlay insurance for health care benefit programs. During a deposition in January 2010, Scott stated under oath that a company called Vado AG was a reinsurer of United Re when he knew Vado AG could not pay claims made against United Re and thereby hindered the investigation of United Re.
This case was investigated by the Department of Labor. Assistant United States Attorney William R. Harris prosecuted this case for the Government.
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Owner of DTS Medical Supply Sentenced to 27 Years in Connection with $3.5 Million Health Care Fraud SchemeRead the Press Release
In San Antonio today, 55-year-old Daniel Thomason Smith was sentenced to 324 months in federal prison for his role in an estimated $3.5 million Health Care Fraud scheme announced United States Attorney Richard L. Durbin, Jr., FBI Special Agent in Charge Christopher Combs and Texas Attorney General Ken Paxton.
In addition to the prison term handed down this morning, United States District Judge Alia Moses ordered Smith to pay $3,269,300.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On June 28, 2016, a federal jury convicted Smith and his co-defendant, Kathleen Marina Kelly-Tuorila of one count of conspiracy to commit Health Care Fraud, one count of aiding and abetting Health Care Fraud, eleven counts of aiding and abetting aggravated identity theft and eight counts of aiding and abetting false statements related to a Health Care matter.
Both Medicare and Medicaid provide qualified beneficiaries with financial remuneration for the purchase of prescribed and necessary medical equipment. Such medical equipment would include powered wheelchairs, powered scooters and accessories related to those two devices. Medicare and Medicaid set a rate of compensation for each of these devices and the rate of compensation differed between devices and was to be based on the type of device that was prescribed for the beneficiary and delivered to the beneficiary.
Evidence presented during trial revealed that between May 2006 and January 2010, the defendants conspired to submit numerous false and fraudulent benefit claims to Medicaid and Medicare seeking compensation for powered wheelchairs. Smith employed Robin Renee Haigler, a third defendant in this case, on a commission basis to recruit customers primarily in the Waco area. Kelly-Tuorila used the collected customer information from Haigler to generate and submit fraudulent claims for reimbursement to Medicaid and Medicare for powered wheelchairs. According to court testimony regarding the aggravated identity counts, names of physicians were used to support claims for reimbursement when the named physician never prescribed a powered wheelchair for the customer and, in some instances, didn’t even know the customer and had never had them as a patient. Evidence also revealed that even though DTS billed for powered wheelchairs, they delivered less-expensive powered scooters to customers, which resulted in a larger payment from Medicaid/Medicare and a larger percentage of profit for DTS and Smith.
Defendants Smith and Kelly-Tuorila have been held in federal custody since the jury verdict in June 2016. Sentencing for Kelly-Tuorila has yet to be scheduled. The third defendant in this case, 60–year-old Robin Renee Haigler of Waco, TX, pleaded guilty to the conspiracy charge on August 17, 2015. Haigler was sentenced on November 7, 2016 to 87 months of federal imprisonment.
This investigation was conducted by the agents with the Federal Bureau of Investigation together with investigators from the Texas Attorney General’s Medicaid Fraud Control Unit. Assistant United States Attorney Greg Surovic and Special Assistant United States Attorney Rex Beasley are prosecuting this case on behalf of the Government.
Husband and Wife Sentenced to Federal Prison for Production of Child PornographyRead the Press Release
In San Antonio yesterday, 27-year-old William Richard Welsh and 23-year-old Ashleigh Nicole Browning Welsh were sentenced to 327 months in federal prison for production of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered the Welshes be placed under supervised release for a period of 20 years after completing their prison term.
According to court records, HSI received information that a New Zealand individual was receiving images and videos depicting children engaged in sexually explicit conduct from a Kik Messenger account with subscriber information indicating the account holder resided in San Antonio. Authorities were able to identify the adults in the videos as the Welshes living in the San Antonio, TX area.
Agents from HSI interviewed the Welshes who admitted to producing the child pornography in their home at that time in Stockdale, TX.
The Welshes have remained in custody since being arrested in December 2015. On October 6, 2016, Ashleigh Welsh pleaded guilty to three counts of production of child pornography and on October 13, 2016, William Welsh pleaded guilty to three counts of production of child pornography.
“The heavy sentence imposed on Mr. and Mrs. Welsh sends a clear message that there are serious consequences for those who exploit children in any way,” said Special Agent in Charge, Shane Folden, HSI San Antonio. “Targeting crimes of this nature is a high priority for HSI. We will continue to dedicate HSI resources worldwide to identify and bring to justice these individuals."
This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 14,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2015, nearly 2,400 individuals were arrested by HSI special agents under this initiative and more than 1,000 victims identified or rescued.
HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page.
This investigation was conducted by the U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Guadalupe County Sheriff’s Office. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the government.
Boerne Couple Sentenced in Federal Court for Bankruptcy FraudRead the Press Release
In San Antonio today, a federal judge sentenced 54–year-old Kathy Suzanne DeBerry to five years of federal probation and on Thursday of last week sentenced 56-year-old Curtis Harold DeBerry to 24 months in federal prison for bankruptcy fraud announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Xavier Rodriguez ordered Curtis DeBerry to pay $800,000 in restitution and to be placed on supervised release for a period of three years after completing his prison term.
On August 16, 2016, Curtis and Kathy DeBerry, residents of Boerne, TX, pled guilty to one count of bankruptcy fraud. By pleading guilty, the DeBerrys admitted that on or about February 10, 2014, Curtis DeBerry filed a Chapter 7 Bankruptcy in the Western District of Texas. They also admitted that between April 16, 2013, and continuing through August 18, 2014, the DeBerrys knowingly and fraudulently concealed 100,000 shares of stock valued at $200,000 from creditors and trustees charged with custody of such property.
This case was investigated by the FBI. Assistant U.S. Attorneys Erica Benites Giese and Christina Playton prosecuted this case on behalf of the Government.
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San Antonio I.S.D. Trustee Arrested in Connection with a Bribery and Kickback SchemeRead the Press Release
In San Antonio this morning, FBI agents arrested 66–year-old San Antonio Independent School District (SAISD) Trustee Olga Hernandez for her alleged role in a bribery scheme depriving taxpayers of honest services announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
A federal grand jury indictment unsealed this afternoon, alleges that from March 2008 to May 2015, Hernandez conspired with Samuel Mullen, Chief Financial Officer of the Mullen Pension & Benefits Group, LLC; Joshua Cerna, Vice President of Strategic Markets for the Mullen Group; and, William Haff, a paid independent insurance consultant, to defraud SAISD and taxpayers in securing health insurance services contracts for school district employees by corrupt practices.
Specifically, the indictment alleges that Hernandez accepted bribes in the form of cash, jewelry, and travel from co-conspirators for her influence on the SAISD Board of Trustees and her vote on numerous insurance services contracts awarded to companies with whom the Mullen Group had a financial interest.
Upon conviction, Hernandez faces up to 20 years in federal prison.
This investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorneys Mark Roomberg and Joseph Blackwell 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.
Three Arrested in San Antonio Charged in Connection with Shooting of U.S. Mail CarrierRead the Press Release
This morning, federal and local authorities arrested three San Antonio residents without incident in connection with a mail theft scheme that involved the shooting of a U.S. Mail carrier last week in Spring Branch, TX, announced United States Attorney Richard L. Durbin, Jr.; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.
A federal criminal complaint filed this afternoon charges 22–year-old Bradley A’Hearn and 26–year-old Sara Richford with one count of assault of a federal agent; one count of carjacking; one count of violating the Hobbs Act (interference with Commerce by violence); and, one count of mail theft. A second criminal complaint filed this afternoon charges 40-year-old Piper Lee with one count of aiding and abetting the assault of a federal officer.
The affidavit in support of the criminal complaints alleges that on February 11, 2017, A’Hearn shot a female U.S. Mail carrier as she was delivering mail to cluster of mailboxes in Spring Branch, TX, when she would not give him her cell phone. The victim is recovering from a gunshot wound to her leg. A’Hearn left the scene in the victim’s pickup truck which still contained the victim’s purse and personal effects as well as a considerable amount of U.S. Mail. Richford, driving a maroon/brown colored Toyota Venza, followed A’Hearn as he left the scene.
Furthermore, the complaint states that on February 13, 2017, a U.S. Postal Inspection Service agent near the site of the shooting recognized the Toyota Venza vehicle. The agent, while attempting to stop the vehicle, was allegedly fired upon by A’Hearn. Other law enforcement personnel, who subsequently joined the pursuit, were also fired upon by A’Hearn. The defendants managed to avoid capture.
The complaint also alleges that on February 14, 2017, agents were notified by employees of a local motel of the presence of a large amount of U.S. Mail and a handgun in one of their rooms. discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area. That same day, not far from the motel, investigators recovered the abandoned Toyota Venza. From motel surveillance footage, investigators discovered another vehicle being utilized by the defendants, a yellow Volkswagen. Agents observed the defendants leave the motel in the yellow Volkswagen and requested San Antonio police to initiate a stop of the vehicle. defendants failed to yield to SAPD officers and the occupants began shooting at the police. Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement.
At approximately 9:00 this morning, San Antonio police officers, acting on information provided to investigators, arrested the defendants without incident in a parking lot of a different local motel.
Upon conviction, A’Hearn and Richford face up to 20 years in federal prison for assault of a federal agent; up to 25 years in federal prison for carjacking; and, up to 20 years in federal prison for violating the Hobbs Act; and up to five years in federal prison for mail theft. Lee faces up to 20 years in federal prison upon conviction for aiding and abetting the assault of a federal officer).
All three defendants are scheduled for an initial appearance tomorrow at 11:00am in front of U.S. Magistrate Judge Henry J. Bemporad. Detention hearings are likely to be scheduled for next week.
It is important to note that a criminal complaint is merely a charge and should not be evidence of guilt. The defendants are innocent until proven guilty in a court of law.
This matter is being investigated by the U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI). Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.
New Jersey Minor Waives Adult Certification and Pleads Guilty to Making Bomb Threats to Sul Ross State University and the Big Bend Regional Medical Center in Alpine, TexasRead the Press Release
In Midland, a New Jersey minor waived adult certification and pleaded guilty to federal charges in connection with bomb threats to Sul Ross State University (SRSU) and the Big Bend Regional Medical Center (BBRMC) in Alpine as well as threats to a former State Representative last September announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division.
This afternoon, U.S. District Judge Robert A. Junell granted a request by 17–year-old Nicholas Kyle Martino of Sewell, Washington Township, NJ, to be prosecuted as an adult in federal court. Afterwards, Martino appeared before United States Magistrate Judge David Counts and entered guilty pleas to four counts of interstate threats to injure persons.
Information provided in court revealed that Martino engaged in “SWATing” schemes. “SWATing” is the term commonly used to describe an act of tricking law enforcement or first responders into dispatching emergency resources based on a hoax threat.
Martino admitted to making two phone calls to the Brewster County Sheriff’s Office on September 8, 2016, and making a hoax bomb threat to SRSU. Approximately two hours later, Martino followed up with a phone call to the BBRMC threatening to kill everyone in the hospital. Those malicious communications occurred on the same day law enforcement and first responders were responding to an active shooter at the Alpine High School wherein one student received a non-life threatening gunshot wound and the shooter committed suicide.
Martino also admitted to communicating threats via Twitter on September 10, 2016, to kill former Texas State Representative Pete Gallego and his family as well as another threat to bomb SRSU.
Each charge calls for up to five years in federal prison. Sentencing is scheduled for May 10, 2017, before Judge Junell. Martino has remained in federal custody since his arrest at his residence on December 1, 2016.
This investigation was conducted by agents with the Federal Bureau of Investigation in Midland, Philadelphia (PA), Eau Clare (WI), Nashville (TN), and Seattle (WA); Brewster County Sheriff’s Office; Washington Township Police Department (NJ); Menomonie Police Department (WI); Halifax Regional Police (Nova Scotia, Canada); Wake Forest Police Department (NC); Volusia County Sheriff’s Department (FL); Clermont County Sheriff’s Department (OH); and, the Union Township Police Department (OH). Assistant United States Attorney James J. Miller, Jr., and Debra Kanof are prosecuting this case on behalf of the Government.
Mexican National Found Near Crystal City 12 Days After Deportation Receives Three Years in Federal PrisonRead the Press Release
In Del Rio, a federal judge this week sentenced 34–year-old Salvador Sanchez-Reyes, a citizen of Mexico, to three years in federal prison for returning to the United States less than two weeks after deportation announced United States Attorney Richard L. Durbin, Jr., and Border Patrol Acting Chief Patrol Agent Matthew J. Hudak, Del Rio Sector.
According to court records, on March 7, 2016, U.S. Border Patrol agents discovered Sanchez-Reyes in the brush on the Simpson Ranch near Crystal City, TX. Sanchez-Reyes resisted arrest and attempted to escape, but was quickly apprehended at the scene. During sentencing on Monday, United States District Judge Alia Moses handed down a sentence above the guideline range to take into account his efforts to resist arrest and evade the Border Patrol agents.
On February 23, 2016, Sanchez-Reyes was formally deported from the United States through Laredo, TX.
On July 27, 20116, Sanchez-Reyes pleaded guilty to one count of re-entry after deportation.
This case was investigated by the U.S. Border Patrol and prosecuted by Assistant United States Attorney Paul T. Harle.